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A BILL TO BE ENTITLED
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AN ACT
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relating to the offense of evading arrest or detention. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 38.04(b), Penal Code, as amended by |
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Chapters 391 (S.B. 496), 839 (H.B. 3423), and 920 (S.B. 1416), Acts |
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of the 82nd Legislature, Regular Session, 2011, is reenacted and |
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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 under |
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this section; or |
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(B) the actor uses a vehicle or watercraft while |
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the actor is in flight; |
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(2) a felony of the third degree if: |
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(A) [the actor uses a vehicle or watercraft while
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the actor is in flight;
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[(B)] another suffers serious bodily injury as a |
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direct result of an attempt by the officer or investigator from whom |
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the actor is fleeing to apprehend the actor while the actor is in |
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flight; or |
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(B) [(C)] the actor uses a tire deflation device |
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against the officer or investigator 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 or investigator 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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(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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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, 2013. |