The bill would amend the Penal Code as it relates to the prosecution and punishment of burglary while evading arrest or detention.  Under current statute, burglary is punishable as a state jail felony if committed in a building other than a habitation, punishable as a second degree felony if committed in a habitation, and punishable as a first degree felony if the premises are a habitation and if the person entered the habitation with the intent to commit, committed, or attempted to commit a felony other than theft.  Under the provisions of the bill, engaging in the behaviors currently punishable under sections 30.02 (a) and (d) Penal Code would be expanded to include evading arrest or detention.

A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or, in addition to confinement, a fine not to exceed $10,000.

A felony of the second degree is punishable by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.

A felony of the first degree is punishable by imprisonment in the institutional division for any term of not more than 99 years or less than 5 years, or, in addition to confinement, a fine not to exceed $10,000.

Expanding the list of behaviors for which a penalty is applied for any criminal offense is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of probation, or, longer terms of confinement in county jails or prison.  However, in the case of this bill, it is assumed that the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies. It is expected that individuals who would be affected by the provision of this bill are currently being sentenced for other offenses.