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.