By Reyna of Dallas                               H.B. No. 694

      75R1862 JMC-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the punishment for the offense of evading arrest.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 38.04(b), Penal Code, is amended to read

 1-5     as follows:

 1-6           (b)  An offense under this section is a Class B misdemeanor,

 1-7     except that the offense is:

 1-8                 (1)  [a Class A misdemeanor if the actor uses a vehicle

 1-9     while the actor is in flight and the actor has not been previously

1-10     convicted under this section;]

1-11                 [(2)]  a state jail felony if the actor uses a vehicle

1-12     while the actor is in flight [and the actor has been previously

1-13     convicted under this section];

1-14                 (2) [(3)]  a felony of the third degree if another

1-15     suffers serious bodily injury as a direct result of an attempt by

1-16     the officer from whom the actor is fleeing to apprehend the actor

1-17     while the actor is in flight; or

1-18                 (3) [(4)]  a felony of the second degree if another

1-19     suffers death as a direct result of an attempt by the officer from

1-20     whom the actor is fleeing to apprehend the actor while the actor is

1-21     in flight.

1-22           SECTION 2.  (a)  The change in law made by this Act applies

1-23     only to an offense committed on or after the effective date of this

1-24     Act.  For purposes of this section, an offense is committed before

 2-1     the effective date of this Act if any element of the offense occurs

 2-2     before that date.

 2-3           (b)  An offense committed before the effective date of this

 2-4     Act is covered by the law in effect when the offense was committed,

 2-5     and the former law is continued in effect for that purpose.

 2-6           SECTION 3.  This Act takes effect September 1, 1997.

 2-7           SECTION 4.  The importance of this legislation and the

 2-8     crowded condition of the calendars in both houses create an

 2-9     emergency and an imperative public necessity that the

2-10     constitutional rule requiring bills to be read on three several

2-11     days in each house be suspended, and this rule is hereby suspended.