HBA-AMW H.B. 2022 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2022
By: Hinojosa
Criminal Jurisprudence
4/10/2001
Introduced



BACKGROUND AND PURPOSE 

Pursuit of a fleeing suspect is dangerous to the peace officers involved
and to the citizens who are lawfully using the roadways.  Under current
law, a first offense for evading arrest or detention in a vehicle is a
Class A misdemeanor and a repeat offense constitutes a state jail felony.
Some individuals may not consider current penalties for evading arrest or
detention much of a deterrent. Such individuals may be willing to incur
additional penalties for evading arrest or detention because of the
possibility of escaping apprehension for criminal activities or pending
charges that carry stiffer sentences.  House Bill 2022 increases the
penalties and the period of driver's license suspension for evading arrest
or detention in a vehicle. 

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. 

ANALYSIS

House Bill 2022 amends the Penal and Transportation codes to increase
certain criminal and civil penalties relating to the offense of evading
arrest or detention.  The bill increases from a Class A misdemeanor to a
state jail felony the penalty if the actor uses a vehicle while the actor
is in flight and the actor has not been previously convicted of evading
arrest or detention.  The bill increases from a state jail felony to a
felony of the third degree the penalty if the actor uses a vehicle while
the actor is in flight and the actor has been previously convicted of
evading arrest or detention.  The bill also increases from one year to two
years the period of a driver's license suspension for evading arrest or
detention if the actor uses a vehicle while in flight. 

EFFECTIVE DATE

September 1, 2001.