By Reyna of Dallas H.B. No. 694
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.