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.