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  82R5948 MAW-F
 
  By: Fletcher H.B. No. 864
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the punishment for the offense of evading arrest or
  detention.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 38.04(b) and (c), Penal Code, are
  amended to read as follows:
         (b)  An offense under this section is a Class A 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
                     (C)  the actor uses a tire deflation device
  against the officer while the actor is in flight; or
               (3)  a felony of the second degree if:
                     (A)  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; or
                     (B)  another suffers serious bodily injury as a
  direct result of the actor's use of a tire deflation device while
  the actor is in flight.
         (c)  In this section:
               (1)  "Vehicle" [, "vehicle"] has the meaning assigned
  by Section 541.201, Transportation Code.
               (2)  "Tire deflation device" means a device, including
  a caltrop or spike strip, that, when driven over, impedes or stops
  the movement of a wheeled vehicle by puncturing one or more of the
  vehicle's tires.
         SECTION 2.  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
  governed by the law in effect on the date 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 occurred
  before that date.
         SECTION 3.  This Act takes effect September 1, 2011.