By Yarbrough H.B. No. 3648
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the punishment for the offense of evading arrest or
1-3 detention.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 38.04(b) of the Penal Code is amended to
1-6 read as follows:
1-7 (b) An offense under this section is a Class B misdemeanor,
1-8 except that the offense is:
1-9 (1) a state jail felony [Class A misdemeanor] if the
1-10 actor uses a vehicle while the actor is in flight and the actor has
1-11 not been previously convicted under this section;
1-12 (2) a felony of the third degree [state jail felony]
1-13 if the actor uses a vehicle while the actor is in flight and the
1-14 actor has been previously convicted under this section;
1-15 (3) a felony of the second degree [third degree] if
1-16 another suffers serious injury as a direct result of an attempt by
1-17 the officer from whom the actor is fleeing to apprehend the actor
1-18 while the actor is in flight; or
1-19 (4) a felony of the first degree [second degree] if
1-20 another suffers as a direct result of an attempt by the officer
1-21 from whom the actor is fleeing to apprehend the actor while the
2-1 actor is in flight.
2-2 (c) In this section, "vehicle" has the meaning assigned by
2-3 Section 541.201, Transportation Code.
2-4 (d) A person who is subject to prosecution under both this
2-5 section and another law may be prosecuted under either or both this
2-6 section and the other law.
2-7 SECTION 2. (a) The change in law made by this Act applies
2-8 only to an offense committed on or after the effective date of this
2-9 Act. For the purpose of this section, an offense is committed on
2-10 or after the effective date of this Act if every element of the
2-11 offense occurs on or after the effective date.
2-12 (b) An offense committed before the effective date of this
2-13 Act is covered by the law in effect when the offense was committed,
2-14 and the former law is continued in effect for that purpose.
2-15 SECTION 3. This Act takes effect September 1, 1999.
2-16 SECTION 4. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended.