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AN ACT
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relating to delaying parole eligibility for an individual convicted |
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of certain violent offenses who evades arrest and to the punishment |
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prescribed for the offense of evading arrest or detention. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.01, Code of Criminal Procedure, is |
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amended by adding Section 9 to read as follows: |
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Sec. 9. In addition to the information described by Section |
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1, the judgment should reflect affirmative findings entered |
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pursuant to Article 42.0198. |
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SECTION 2. Chapter 42, Code of Criminal Procedure, is |
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amended by adding Article 42.0198 to read as follows: |
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Art. 42.0198. FINDING REGARDING DELAY IN ARREST OF |
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DEFENDANT. In the trial of an offense under Section 19.02, 22.011, |
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or 22.021, Penal Code, on the motion of the attorney representing |
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the state the judge shall make an affirmative finding of fact |
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regarding the number of months that elapsed, if any, between the |
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date an arrest warrant was issued for the defendant following an |
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indictment for the offense and the date the defendant was arrested |
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for the offense. The judge shall enter the affirmative finding in |
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the judgment in the case. |
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SECTION 3. Section 508.145, Government Code, is amended by |
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adding Subsection (d-1) to read as follows: |
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(d-1) Notwithstanding Subsection (d), for every 12 months |
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that elapse between the date an arrest warrant is issued for the |
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inmate following an indictment for the offense and the date the |
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inmate is arrested for the offense, the earliest date on which an |
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inmate is eligible for parole is delayed by three years from the |
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date otherwise provided by Subsection (d), if the inmate is serving |
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a sentence for an offense under Section 19.02, 22.011, or 22.021, |
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Penal Code. |
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SECTION 4. 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 A [B] |
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misdemeanor, except that the offense is: |
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(1) a state jail felony if: |
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(A) the actor has been previously convicted under |
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this section; or |
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(B) the actor uses a vehicle while the actor is in |
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flight and the actor has not been previously convicted under this |
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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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(3) a felony of the second degree if another suffers |
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death as a direct result of an attempt by the officer from whom the |
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actor is fleeing to apprehend the actor while the actor is in |
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flight. |
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SECTION 5. Section 9, Article 42.01, Code of Criminal |
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Procedure, and Article 42.0198, Code of Criminal Procedure, as |
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added by this Act, apply only to a judgment of conviction entered on |
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or after the effective date of this Act. |
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SECTION 6. Section 508.145, Government Code, as amended by |
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this Act, applies only to the parole eligibility of an inmate |
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serving a sentence for an offense under Section 19.02, 22.011, or |
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22.021, Penal Code, committed on or after the effective date of this |
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Act. The parole eligibility of an inmate serving a sentence for an |
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offense under Section 19.02, 22.011, or 22.021, Penal Code, |
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committed before the effective date of this Act is governed by the |
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law in effect at the time the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense was committed before that date. |
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SECTION 7. 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 8. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 221 was passed by the House on May 7, |
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2009, by the following vote: Yeas 140, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 221 was passed by the Senate on May |
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27, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |