SRC-JEC S.B. 215 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 215
77R1366 GWK-FBy: Bernsen
Jurisprudence
1/24/2001
As Filed


DIGEST AND PURPOSE 

From 1996 to 1998, there were 544 cases of fleeing and evading arrest in
Texas.  Currently, a first offense of fleeing an attempted lawful arrest
using a vehicle is a Class A misdemeanor.  Repeat offenses face heightened
penalties.  As proposed, S.B. 215 would increase the penalties for fleeing
and evading arrest or detention in a motor vehicle. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 38.04(b), Penal Code, to provide that an offense
under this section is a Class B misdemeanor, except that the offense is: 
 
(1)  a state jail felony, rather than a Class A misdemeanor, if the actor
uses a vehicle while the actor is in flight and the actor has not been
previously convicted under this section; 

(2)  a felony of the third degree, rather than a state jail felony, if the
actor uses a vehicle while in flight and has been previously convicted
under this section. 

Makes nonsubstantive changes.

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date:  September 1, 2001.