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                                  * * * * *