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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for the offense of evading arrest or |
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detention. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 38.04(b) and (c), Penal Code, are |
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amended to read as follows: |
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(b) An offense under this section is a Class A misdemeanor, |
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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 |
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under this section; [or
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[(B)
the actor uses a vehicle while the actor is
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in 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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(C) the actor uses a tire deflation device |
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against the officer while the actor is in flight; or |
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(3) a felony of the second degree if: |
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(A) 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; or |
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(B) another suffers serious bodily injury as a |
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direct result of the actor's use of a tire deflation device while |
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the actor is in flight. |
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(c) In this section: |
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(1) "Vehicle" [, "vehicle"] has the meaning assigned |
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by Section 541.201, Transportation Code. |
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(2) "Tire deflation device" means a device, including |
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a caltrop or spike strip, that, when driven over, impedes or stops |
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the movement of a wheeled vehicle by puncturing one or more of the |
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vehicle's tires. |
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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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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2011. |