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.