81R7106 GCB-F

By: Patrick, Dan S.B. No. 1176

A BILL TO BE ENTITLED

AN ACT

relating to the punishment prescribed for the offense of evading arrest or detention and to creating the offense of evading felony arrest or detention.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 38.04(b), Penal Code, is amended to read as follows:

(b) An offense under this section is a Class 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;

(2) a felony of the third degree if:

(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.

SECTION 2. Chapter 38, Penal Code, is amended by adding Section 38.041 to read as follows:

Sec. 38.041. EVADING FELONY ARREST OR DETENTION. (a) A person commits an offense if the person intentionally flees from a peace officer and the person knows:

(1) the person from whom the actor is fleeing is a peace officer;

(2) the peace officer is attempting lawfully to arrest or detain the actor as a suspect in the commission of an offense; and

(3) the offense the actor is suspected of committing is punishable as a felony.

(b) An offense under this section is a felony of the third degree, except that the offense is 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.

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 date.

SECTION 4. This Act takes effect September 1, 2009.