By Garcia H.B. No. 655
76R2883 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the penalty for evading arrest or detention.
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 state jail felony [Class A misdemeanor] if the
1-9 actor uses a vehicle while the actor is in flight and the actor has
1-10 not been previously convicted under this section;
1-11 (2) a [state jail] felony of the third degree if:
1-12 (A) the actor uses a vehicle while the actor is
1-13 in flight and the actor has been previously convicted under this
1-14 section; or
1-15 (B) [(3) a felony of the third degree if]
1-16 another suffers serious bodily injury as a direct result of an
1-17 attempt by the officer from whom the actor is fleeing to apprehend
1-18 the actor while the actor is in flight; or
1-19 (3) [(4)] a felony of the second degree if another
1-20 suffers death as a direct result of an attempt by the officer from
1-21 whom the actor is fleeing to apprehend the actor while the actor is
1-22 in flight.
1-23 SECTION 2. The change in law made by this Act applies only
1-24 to an offense committed on or after the effective date of this Act.
2-1 An offense committed before the effective date of this Act is
2-2 covered by the law in effect when the offense was committed, and
2-3 the former law is continued in effect for that purpose. For
2-4 purposes of this section, an offense was committed before the
2-5 effective date of this Act if any element of the offense occurred
2-6 before that date.
2-7 SECTION 3. This Act takes effect September 1, 1999.
2-8 SECTION 4. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.