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 * * * * *