By:  Bernsen                                           S.B. No. 215
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the punishment for the offense of evading arrest or
 1-3     detention.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subsection (b), Section 38.04, Penal Code, is
 1-6     amended to read as follows:
 1-7           (b)  An offense under this section is a Class B misdemeanor,
 1-8     except that the offense is:
 1-9                 (1)  a state jail felony [Class A misdemeanor] if the
1-10     actor uses a vehicle while the actor is in flight and the actor has
1-11     not been previously convicted under this section;
1-12                 (2)  a [state jail] felony of the third degree if:
1-13                       (A)  the actor uses a vehicle while the actor is
1-14     in flight and the actor has been previously convicted under this
1-15     section; or
1-16                       (B)  [(3) a felony of the third degree if]
1-17     another suffers serious bodily injury as a direct result of an
1-18     attempt by the officer from whom the actor is fleeing to apprehend
1-19     the actor while the actor is in flight; or
1-20                 (3)  [(4)]  a felony of the second degree if another
1-21     suffers death as a direct result of an attempt by the officer from
1-22     whom the actor is fleeing to apprehend the actor while the actor is
1-23     in flight.
1-24           SECTION 2.  (a)  The change in law made by this Act applies
1-25     only to an offense committed on or after the effective date of this
 2-1     Act.  For purposes of this section, an offense is committed before
 2-2     the effective date of this Act if any element of the offense occurs
 2-3     before the effective date.
 2-4           (b)  An offense committed before the effective date of this
 2-5     Act is covered by the law in effect when the offense was committed,
 2-6     and the former law is continued in effect for that purpose.
 2-7           SECTION 3.  This Act takes effect September 1, 2001.