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A BILL TO BE ENTITLED
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AN ACT
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relating to the criminal penalty for evading arrest by using a |
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vehicle. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 38.04(b), Penal Code, is amended to read |
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as follows: |
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(b) An offense under this section is a Class B misdemeanor, |
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except that the offense is: |
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(1) [a state jail felony if the actor uses a vehicle
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while the actor is in flight and the actor has not been previously
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convicted under this section;
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[(2)] a felony of the third degree if: |
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(A) the actor uses a vehicle while the actor is in |
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flight [and the actor has been previously convicted under this
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section]; or |
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(B) another suffers serious bodily injury as a |
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direct result of an attempt by the officer from whom the actor is |
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fleeing to apprehend the actor while the actor is in flight; or |
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(2) [(3)] a felony of the second degree if: |
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(A) the actor uses a vehicle while the actor is in |
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flight and the actor has been previously convicted under this |
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section; or |
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(B) another suffers death as a direct result of |
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an attempt by the officer from whom the actor is fleeing to |
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apprehend the actor while the actor is in flight. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense was committed before that |
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date. |
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SECTION 3. This Act takes effect September 1, 2007. |