77R13114 JMC-D                           
         By Menendez, Martinez Fischer                         H.B. No. 2798
         Substitute the following for H.B. No. 2798:
         By Hinojosa                                       C.S.H.B. No. 2798
                                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.