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.