Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB864 by Fletcher (Relating to the punishment for the offense of evading arrest or detention.), As Introduced
The bill would amend the Penal Code as it relates to the punishment for the offense of evading arrest. The provisions of the bill that create new punishment or enhance existing punishment for criminal offenses are the subject of this analysis. Under the provisions of the bill, using a tire deflation device against an officer while evading arrest or detention would be third degree felony and causing serious bodily injury to another as a result of using a tire deflation device while evading arrest or detention would be a second degree felony. Using a vehicle to evade arrest or detention with no previous conviction for evading arrest or detention is currently a state jail felony and using a vehicle to evade arrest or detention with a previous conviction for evading arrest or detention is a third degree felony. Under the provisions of the bill, using a vehicle to evading arrest or detention would be a third degree felony with or without a previous conviction for evading arrest or detention.
Creating a penalty 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. In fiscal year 2010, there were 2,483 people arrested, 161 admissions to state jail, and 283 placements on felony community supervision for evading arrest or detention with a vehicle. Based on arrest data and sentencing trends there would be approximately 90 admissions to prison and 194 placements on felony community supervision as a result of the enhancement portion of the provisions of the bill. For the enhancement portion of the bill, it is assumed the number of offenders convicted under these statutes would not result in a significant impact on the programs and workload of State and local correctional agencies. Although the number of times someone uses a tire deflation device against an officer while evading arrest or detention or the number of times someone causes serious bodily injury to another as a result of using a tire deflation device while evading arrest or detention are unknown, it is assumed the number of offenders convicted under these statutes would not result in a significant impact on the programs and workload of State and local correctional agencies.