HBA-NMO H.B. 655 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 655 By: Garcia Criminal Jurisprudence 4/19/99 Introduced BACKGROUND AND PURPOSE Current law provides that a person commits a Class A misdemeanor if the person uses a vehicle to evade arrest or detention, and a state jail felony for subsequent such offenses. H.B. 665 increases the penalties for using a vehicle to evade arrest or detention to a state jail felony and a felony of the third degree, respectively. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 38.04(b), Penal Code, to provide that evading arrest or detention is a state jail felony, rather than a Class A misdemeanor, if the actor uses a vehicle while in flight and has not been previously convicted under this section; and a felony of the third degree, rather than a state jail felony, if the actor uses a vehicle while in flight 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, 1999. SECTION 4. Emergency clause.