Texas 2009 - 81st Regular

Texas House Bill HB221 Compare Versions

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1	1	H.B. No. 221
2	2
3	3
4	4	AN ACT
5	5	relating to delaying parole eligibility for an individual convicted
6	6	of certain violent offenses who evades arrest and to the punishment
7	7	prescribed for the offense of evading arrest or detention.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 42.01, Code of Criminal Procedure, is
10	10	amended by adding Section 9 to read as follows:
11	11	Sec. 9. In addition to the information described by Section
12	12	1, the judgment should reflect affirmative findings entered
13	13	pursuant to Article 42.0198.
14	14	SECTION 2. Chapter 42, Code of Criminal Procedure, is
15	15	amended by adding Article 42.0198 to read as follows:
16	16	Art. 42.0198. FINDING REGARDING DELAY IN ARREST OF
17	17	DEFENDANT. In the trial of an offense under Section 19.02, 22.011,
18	18	or 22.021, Penal Code, on the motion of the attorney representing
19	19	the state the judge shall make an affirmative finding of fact
20	20	regarding the number of months that elapsed, if any, between the
21	21	date an arrest warrant was issued for the defendant following an
22	22	indictment for the offense and the date the defendant was arrested
23	23	for the offense. The judge shall enter the affirmative finding in
24	24	the judgment in the case.
25	25	SECTION 3. Section 508.145, Government Code, is amended by
26	26	adding Subsection (d-1) to read as follows:
27	27	(d-1) Notwithstanding Subsection (d), for every 12 months
28	28	that elapse between the date an arrest warrant is issued for the
29	29	inmate following an indictment for the offense and the date the
30	30	inmate is arrested for the offense, the earliest date on which an
31	31	inmate is eligible for parole is delayed by three years from the
32	32	date otherwise provided by Subsection (d), if the inmate is serving
33	33	a sentence for an offense under Section 19.02, 22.011, or 22.021,
34	34	Penal Code.
35	35	SECTION 4. Section 38.04(b), Penal Code, is amended to read
36	36	as follows:
37	37	(b) An offense under this section is a Class A [B]
38	38	misdemeanor, except that the offense is:
39	39	(1) a state jail felony if:
40	40	(A) the actor has been previously convicted under
41	41	this section; or
42	42	(B) the actor uses a vehicle while the actor is in
43	43	flight and the actor has not been previously convicted under this
44	44	section;
45	45	(2) a felony of the third degree if:
46	46	(A) the actor uses a vehicle while the actor is in
47	47	flight and the actor has been previously convicted under this
48	48	section; or
49	49	(B) another suffers serious bodily injury as a
50	50	direct result of an attempt by the officer from whom the actor is
51	51	fleeing to apprehend the actor while the actor is in flight; or
52	52	(3) a felony of the second degree if another suffers
53	53	death as a direct result of an attempt by the officer from whom the
54	54	actor is fleeing to apprehend the actor while the actor is in
55	55	flight.
56	56	SECTION 5. Section 9, Article 42.01, Code of Criminal
57	57	Procedure, and Article 42.0198, Code of Criminal Procedure, as
58	58	added by this Act, apply only to a judgment of conviction entered on
59	59	or after the effective date of this Act.
60	60	SECTION 6. Section 508.145, Government Code, as amended by
61	61	this Act, applies only to the parole eligibility of an inmate
62	62	serving a sentence for an offense under Section 19.02, 22.011, or
63	63	22.021, Penal Code, committed on or after the effective date of this
64	64	Act. The parole eligibility of an inmate serving a sentence for an
65	65	offense under Section 19.02, 22.011, or 22.021, Penal Code,
66	66	committed before the effective date of this Act is governed by the
67	67	law in effect at the time the offense was committed, and the former
68	68	law is continued in effect for that purpose. For purposes of this
69	69	section, an offense was committed before the effective date of this
70	70	Act if any element of the offense was committed before that date.
71	71	SECTION 7. The change in law made by this Act applies only
72	72	to an offense committed on or after the effective date of this Act.
73	73	An offense committed before the effective date of this Act is
74	74	covered by the law in effect when the offense was committed, and the
75	75	former law is continued in effect for that purpose. For purposes of
76	76	this section, an offense was committed before the effective date of
77	77	this Act if any element of the offense was committed before that
78	78	date.
79	79	SECTION 8. This Act takes effect September 1, 2009.
80	80	______________________________ ______________________________
81	81	President of the Senate Speaker of the House
82	82	I certify that H.B. No. 221 was passed by the House on May 7,
83	83	2009, by the following vote: Yeas 140, Nays 0, 1 present, not
84	84	voting.
85	85	______________________________
86	86	Chief Clerk of the House
87	87	I certify that H.B. No. 221 was passed by the Senate on May
88	88	27, 2009, by the following vote: Yeas 31, Nays 0.
89	89	______________________________
90	90	Secretary of the Senate
91	91	APPROVED: _____________________
92	92	Date
93	93	_____________________
94	94	Governor