86R16356 TSS-D
 
  By: Menéndez S.B. No. 2404
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the criminal offense of evading arrest or detention.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 38.04(b), Penal Code, as amended by
  Chapters 391 (S.B. 496), 839 (H.B. 3423), and 920 (S.B. 1416), Acts
  of the 82nd Legislature, Regular Session, 2011, is reenacted and
  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 the actor has 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;
                     (B)  another suffers serious bodily injury as a
  direct result of the actor fleeing an attempt by the officer or
  investigator [from whom the actor is fleeing] to apprehend the
  actor [while the actor is in flight]; or
                     (C)  the actor uses a tire deflation device
  against the officer or investigator while the actor is in flight; or
               (3)  a felony of the second degree if:
                     (A)  another suffers death as a direct result of
  the actor fleeing an attempt by the officer or investigator [from
  whom the actor is fleeing] to apprehend the actor [while the actor
  is in flight]; [or]
                     (B)  another suffers serious bodily injury as a
  direct result of the actor's use of a tire deflation device while
  the actor is in flight; or
                     (C)  the actor uses a vehicle or watercraft while
  the actor is in flight and the actor has been previously convicted
  under this section.
         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
  governed 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 was
  committed before that date.
         SECTION 3.  This Act takes effect September 1, 2019.