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  By: Fraser  S.B. No. 496
         (In the Senate - Filed February 1, 2011; February 14, 2011,
  read first time and referred to Committee on Criminal Justice;
  April 7, 2011, reported favorably by the following vote:  Yeas 7,
  Nays 0; April 7, 2011, sent to printer.)
 
 
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.  Subsections (b) and (c), Section 38.04, 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 or watercraft 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 or watercraft 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.
         (c)  In this section:
               (1)  "Vehicle"[, "vehicle"] has the meaning assigned by
  Section 541.201, Transportation Code.
               (2)  "Watercraft" has the meaning assigned by Section
  49.01.
         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
  covered 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.
 
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