HBA-AMW S.B. 215 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 215 By: Bernsen Criminal Jurisprudence 4/8/2001 Engrossed BACKGROUND AND PURPOSE From 1996 to 1998, there were over 500 cases of fleeing and evading arrest in Texas. There is concern regarding the danger to peace officers involved in the pursuit of a fleeing suspect and to citizens who accidentally get in the way of the pursuit. Under current law, a first offense for evading arrest or detention in a vehicle is a Class A misdemeanor and repeat offenses constitute a state jail felony. Senate Bill 215 increases the penalties for evading arrest or detention with the use of 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 Senate Bill 215 amends the Penal Code to increase from a Class A misdemeanor to a state jail felony the penalty for an offense of evading arrest or detention 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 third degree felony the penalty for an offense of evading arrest or detention if the actor uses a vehicle while the actor is in flight and the actor has been previously convicted of evading arrest or detention. EFFECTIVE DATE September 1, 2001.