LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
83RD LEGISLATIVE REGULAR SESSION
 
April 8, 2013

TO:
Honorable Abel Herrero, Chair, House Committee on Criminal Jurisprudence
 
FROM:
Ursula Parks, Director, Legislative Budget Board
 
IN RE:
HB1258 by Zedler (Relating to the punishment for the offense of attempting to evade arrest or detention through the use of a vehicle.), As Introduced

The bill would amend the Code of Criminal Procedure as it relates to the offense of evading arrest with a vehicle.  Under the provisions of the bill individuals sentenced for evading arrest must begin serving their sentence for that offense after completing the sentence for the offense for which they were evading if they evaded arrest in a vehicle while traveling through a residential roadway or neighborhood, a school zone, a construction or maintenance work zone while workers were present, if they went 30 mph or more over the speed limit, or if they recklessly carried a handgun in the vehicle.

 

Evading arrest with a vehicle is a third degree felony or a second degree felony, depending upon the circumstances.  A third degree felony is punishable by confinement in prison for a term of two to ten years and, in addition to confinement, an optional fine not to exceed $10,000.  A second degree felony is punishable by confinement in prison for a term of two to twenty years and, in addition to confinement, an optional fine not to exceed $10,000.

 

Increasing the length of stay for any offense is expected to result in increased demands upon the correctional resources of the state due to longer terms of probation and confinement in state jail or prison. Whether the bill would result in a significant amount of cost to the state is indeterminate due to a lack of statewide data on the number of persons evading arrest with a vehicle who were traveling through a residential roadway or neighborhood, a school zone, a construction or maintenance work zone while workers were present, if they went 30 mph or more over the speed limit, or if they recklessly carried a handgun in the vehicle.

 

In fiscal year 2012 a total of 418 persons were sentenced to prison for evading arrest with a vehicle and at least one other offense.  Of the 418, an estimated 370 were estimated to be released in less than five years for an offense other than evading arrest with a vehicle.  Of those 370, the average expected length of stay for the offense of evading with a vehicle that would need to be served in addition to the original offense was 421 days.



Source Agencies:
LBB Staff:
UP, GG, JPo