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.