SRC-HRD S.B. 230 75(R) BILL ANALYSIS Senate Research CenterS.B. 230 By: Carona Criminal Justice 1-23-97 As Filed DIGEST Currently, Texas law provides that using a vehicle while in flight from a peace officer is a Class A misdemeanor for first-time offenders and a state jail felony for repeat offenders. S.B. 230 makes a first time offense a state jail felony. PURPOSE As proposed, S.B. 230 makes the evasion of arrest or detention by a peace officer a Class B misdemeanor, and provides that the offense is a state jail felony if the actor uses a vehicle while in flight. RULEMAKING AUTHORITY This bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 38.04(b), Penal Code, to provide that an offense under this section is a Class B misdemeanor, except that the offense is a state jail felony if the actor uses a vehicle while the actor is in flight. Deletes text making the offense a Class A misdemeanor if the actor uses a vehicle while in flight and the actor has not been previously convicted under this section. Deletes text making the offense a state jail felony if the actor uses a vehicle and has been previously convicted under this section. Makes conforming changes. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1997. SECTION 4. Emergency clause.