79R2493 KEL-D

By:  Menendez                                                     H.B. No. 416



A BILL TO BE ENTITLED

AN ACT

relating to the punishment for individuals who evade arrest after 
committing the offense of murder.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 19.02, Penal Code, is amended by 
amending Subsection (c) and adding Subsection (e) to read as 
follows:
	(c)  Except as provided by Subsections [Subsection] (d) and 
(e), an offense under this section is a felony of the first degree.
	(e)  The minimum term of imprisonment otherwise imposed on 
conviction of a felony of the first degree under this section is 
increased by five years for each 12-month period after the date on 
which the offense is committed until the date on which the defendant 
is arrested for the commission of the offense.  Any term of 
imprisonment imposed on a defendant as a result of an enhancement in 
the defendant's punishment under this subsection runs cumulatively 
to any other term of imprisonment imposed on the defendant on a 
conviction under this section.  An enhancement in the defendant's 
punishment under this subsection is mandatory and may not be waived 
as part of a plea bargain for the defendant.
	SECTION 2.  Section 508.145, Government Code, is amended by 
adding Subsection (g) to read as follows:
	(g)  An inmate serving a sentence for an offense for which 
the punishment is increased under Section 19.02(e), Penal Code, is 
not eligible for release on parole until the inmate's actual 
calendar time served equals the minimum time required under 
Subsection (d) plus the period for which punishment is increased 
under Section 19.02(e), Penal Code.
	SECTION 3.  Section 497.099, Government Code, is amended by 
adding Subsection (c) to read as follows:
	(c)(1)  Not later than February 1 of each year, the 
department shall determine the costs incurred by the department 
that are attributable to increased sentences under Section 
19.02(e), Penal Code, and Section 508.145.
		(2)  The board by rule shall modify agricultural, 
industrial, or work programs established under this chapter to 
recover costs described by Subdivision (1).
	SECTION 4.  The change in law made by this Act applies only 
to an offense committed on or after the effective date of this Act.   
An offense committed before the effective date of this Act is 
covered by the law in effect when the offense was committed, and the 
former law is continued in effect for that purpose.  For purposes of 
this section, an offense was committed before the effective date of 
this Act if any element of the offense was committed before that 
date.
	SECTION 5.  This Act takes effect September 1, 2005.