By Menendez, Martinez Fischer H.B. No. 2798
77R13114 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain civil and criminal consequences of using a
1-3 vehicle while evading arrest or detention.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1(4), Article 42.22, Code of Criminal
1-6 Procedure, is amended to read as follows:
1-7 (4) "Victim" means:
1-8 (A) a "close relative of a deceased victim,"
1-9 "guardian of a victim," or "victim," as those terms are defined by
1-10 Article 56.01 of this code; or
1-11 (B) an individual who suffers damages as a
1-12 result of another committing an offense under Section 38.04, Penal
1-13 Code, in which the defendant used a motor vehicle while the
1-14 defendant was in flight.
1-15 SECTION 2. Section 2(b), Article 42.22, Code of Criminal
1-16 Procedure, is amended to read as follows:
1-17 (b) The state also has a restitution lien to secure the:
1-18 (1) amount of fines or costs entered against a
1-19 defendant in the judgment in a felony criminal case; [and]
1-20 (2) amount of reimbursement for costs of confinement
1-21 ordered under Article 42.038; and
1-22 (3) amount of damages incurred by the state as a
1-23 result of the commission of an offense under Section 38.04, Penal
1-24 Code, in which the defendant used a motor vehicle while the
2-1 defendant was in flight.
2-2 SECTION 3. Section 38.04(b), Penal Code, is amended to read
2-3 as follows:
2-4 (b) An offense under this section is a Class B misdemeanor,
2-5 except that the offense is:
2-6 (1) a state jail felony [Class A misdemeanor] if the
2-7 actor uses a vehicle while the actor is in flight and the actor has
2-8 not been previously convicted under this section;
2-9 (2) [a state jail felony if the actor uses a vehicle
2-10 while the actor is in flight and the actor has been previously
2-11 convicted under this section;]
2-12 [(3)] a felony of the third degree if:
2-13 (A) the actor uses a vehicle while the actor is
2-14 in flight and the actor has been previously convicted under this
2-15 section; or
2-16 (B) another suffers serious bodily injury as a
2-17 direct result of an attempt by the officer from whom the actor is
2-18 fleeing to apprehend the actor while the actor is in flight; or
2-19 (3) [(4)] a felony of the second degree if another
2-20 suffers death as a direct result of an attempt by the officer from
2-21 whom the actor is fleeing to apprehend the actor while the actor is
2-22 in flight.
2-23 SECTION 4. This Act takes effect September 1, 2001, and
2-24 applies only to an offense committed on or after that date. An
2-25 offense committed before the effective date of this Act is covered
2-26 by the law in effect when the offense was committed, and the former
2-27 law is continued in effect for that purpose. For purposes of this
3-1 section, an offense was committed before the effective date of this
3-2 Act if any element of the offense occurred before that date.