1-1     By:  Menendez, Martinez Fischer                       H.B. No. 2798
 1-2          (Senate Sponsor-Staples)
 1-3           (In the Senate - Received from the House May 7, 2001;
 1-4     May 7, 2001, read first time and referred to Committee on Criminal
 1-5     Justice; May 11, 2001, reported favorably by the following vote:
 1-6     Yeas 5, Nays 0; May 11, 2001, sent to printer.)
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to certain civil and criminal consequences of using a
1-10     vehicle while  evading arrest or detention.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1. Section 1(4), Article 42.22, Code of Criminal
1-13     Procedure, is amended to read as follows:
1-14                 (4)  "Victim" means:
1-15                       (A)  a "close relative of a deceased victim,"
1-16     "guardian of a victim," or "victim," as those terms are defined by
1-17     Article 56.01 of this code; or
1-18                       (B)  an individual who suffers damages as a
1-19     result of another committing an offense under Section 38.04, Penal
1-20     Code, in which the defendant used a motor vehicle while the
1-21     defendant was in flight.
1-22           SECTION 2. Section 2(b), Article 42.22, Code of Criminal
1-23     Procedure, is amended to read as follows:
1-24           (b)  The state also has a restitution lien to secure the:
1-25                 (1)  amount of fines or costs entered against a
1-26     defendant in the judgment in a felony criminal case; [and]
1-27                 (2)  amount of reimbursement for costs of confinement
1-28     ordered under Article 42.038; and
1-29                 (3)  amount of damages incurred by the state as a
1-30     result of the commission of an offense under Section 38.04, Penal
1-31     Code, in which the defendant used a motor vehicle while the
1-32     defendant was in flight.
1-33           SECTION 3. Section 38.04(b), Penal Code, is amended to read
1-34     as follows:
1-35           (b)  An offense under this section is a Class B misdemeanor,
1-36     except that the offense is:
1-37                 (1)  a state jail felony [Class A misdemeanor] if the
1-38     actor uses a vehicle while the actor is in flight and the actor has
1-39     not been previously convicted under this section;
1-40                 (2)  [a state jail felony if the actor uses a vehicle
1-41     while the actor is in flight and the actor has been previously
1-42     convicted under this section;]
1-43                 [(3)]  a felony of the third degree if:
1-44                       (A)  the actor uses a vehicle while the actor is
1-45     in flight and the actor has been previously convicted under this
1-46     section; or
1-47                       (B)  another suffers serious bodily injury as a
1-48     direct result of an attempt by the officer from whom the actor is
1-49     fleeing to apprehend the actor while the actor is in flight; or
1-50                 (3) [(4)]  a felony of the second degree if another
1-51     suffers death as a direct result of an attempt by the officer from
1-52     whom the actor is fleeing to apprehend the actor while the actor is
1-53     in flight.
1-54           SECTION 4. This Act takes effect September 1, 2001,  and
1-55     applies only to an offense committed on or after that date.  An
1-56     offense committed before the effective date of this Act is covered
1-57     by the law in effect when the offense was committed, and the former
1-58     law is continued in effect for that purpose.  For purposes of this
1-59     section, an offense was committed before the effective date of this
1-60     Act if any element of the offense occurred before that date.
1-61                                  * * * * *