1-1 By: Bernsen S.B. No. 215
1-2 (In the Senate - Filed January 10, 2001; January 16, 2001,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 February 13, 2001, reported favorably by the following vote: Yeas
1-5 5, Nays 0; February 13, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the punishment for the offense of evading arrest or
1-9 detention.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Subsection (b), Section 38.04, Penal Code, is
1-12 amended to read as follows:
1-13 (b) An offense under this section is a Class B misdemeanor,
1-14 except that the offense is:
1-15 (1) a state jail felony [Class A misdemeanor] if the
1-16 actor uses a vehicle while the actor is in flight and the actor has
1-17 not been previously convicted under this section;
1-18 (2) a [state jail] felony of the third degree if:
1-19 (A) the actor uses a vehicle while the actor is
1-20 in flight and the actor has been previously convicted under this
1-21 section; or
1-22 (B) [(3) a felony of the third degree if]
1-23 another suffers serious bodily injury as a direct result of an
1-24 attempt by the officer from whom the actor is fleeing to apprehend
1-25 the actor while the actor is in flight; or
1-26 (3) [(4)] a felony of the second degree if another
1-27 suffers death as a direct result of an attempt by the officer from
1-28 whom the actor is fleeing to apprehend the actor while the actor is
1-29 in flight.
1-30 SECTION 2. (a) The change in law made by this Act applies
1-31 only to an offense committed on or after the effective date of this
1-32 Act. For purposes of this section, an offense is committed before
1-33 the effective date of this Act if any element of the offense occurs
1-34 before the effective date.
1-35 (b) An offense committed before the effective date of this
1-36 Act is covered by the law in effect when the offense was committed,
1-37 and the former law is continued in effect for that purpose.
1-38 SECTION 3. This Act takes effect September 1, 2001.
1-39 * * * * *