By Menendez H.B. No. 2798
77R7507 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain civil consequences of using a vehicle while
1-3 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. This Act takes effect September 1, 2001, and
2-3 applies only to an offense committed on or after that date. An
2-4 offense committed before the effective date of this Act is covered
2-5 by the law in effect when the offense was committed, and the former
2-6 law is continued in effect for that purpose. For purposes of this
2-7 section, an offense was committed before the effective date of this
2-8 Act if any element of the offense occurred before that date.