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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment prescribed for the offense of evading |
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arrest or detention. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (b), Section 38.04, Penal Code, is |
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amended to read 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 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, 2009. |
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COMMITTEE AMENDMENT NO. |
1 |
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Amend SB 1176 as follows: |
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Strike all below the enacting clause and replace with the |
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following: |
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SECTION 1. This Act may be cited as the Amy Lynn Donovan |
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Act. |
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SECTION 2. 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] |
|
|
misdemeanor, except that the offense is: |
|
|
(1) a state jail felony if: |
|
|
(A) the actor has been previously convicted under |
|
|
this section; or |
|
|
(B) the actor uses a vehicle while the actor is in |
|
|
flight and the actor has not been previously 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 |
|
|
flight and the actor has been previously convicted under this |
|
|
section; or |
|
|
(B) another suffers serious bodily injury as a |
|
|
direct result of an attempt by the officer from whom the actor is |
|
|
fleeing to apprehend the actor while the actor is in flight; or |
|
|
(3) a felony of the second degree if another suffers |
|
|
death as a direct result of an attempt by the officer from whom the |
|
|
actor is fleeing to apprehend the actor while the actor is in |
|
|
flight. |
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SECTION 3. 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 |
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|
date. |
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SECTION 4. This Act takes effect September 1, 2009. |
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Miklos |