H.B. No. 221
AN ACT
relating to delaying parole eligibility for an individual convicted
of certain violent offenses who evades arrest and to the punishment
prescribed for the offense of evading arrest or detention.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42.01, Code of Criminal Procedure, is
amended by adding Section 9 to read as follows:
Sec. 9. In addition to the information described by Section
1, the judgment should reflect affirmative findings entered
pursuant to Article 42.0198.
SECTION 2. Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.0198 to read as follows:
Art. 42.0198. FINDING REGARDING DELAY IN ARREST OF
DEFENDANT. In the trial of an offense under Section 19.02, 22.011,
or 22.021, Penal Code, on the motion of the attorney representing
the state the judge shall make an affirmative finding of fact
regarding the number of months that elapsed, if any, between the
date an arrest warrant was issued for the defendant following an
indictment for the offense and the date the defendant was arrested
for the offense. The judge shall enter the affirmative finding in
the judgment in the case.
SECTION 3. Section 508.145, Government Code, is amended by
adding Subsection (d-1) to read as follows:
(d-1) Notwithstanding Subsection (d), for every 12 months
that elapse between the date an arrest warrant is issued for the
inmate following an indictment for the offense and the date the
inmate is arrested for the offense, the earliest date on which an
inmate is eligible for parole is delayed by three years from the
date otherwise provided by Subsection (d), if the inmate is serving
a sentence for an offense under Section 19.02, 22.011, or 22.021,
Penal Code.
SECTION 4. Section 38.04(b), Penal Code, is amended to read
as follows:
(b) An offense under this section is a Class A [B]
misdemeanor, except that the offense is:
(1) a state jail felony if:
(A) the actor has been previously convicted under
this section; or
(B) the actor uses a vehicle while the actor is in
flight and the actor has not been previously convicted under this
section;
(2) a felony of the third degree if:
(A) the actor uses a vehicle while the actor is in
flight and the actor has been previously convicted under this
section; or
(B) another suffers serious bodily injury as a
direct result of an attempt by the officer from whom the actor is
fleeing to apprehend the actor while the actor is in flight; or
(3) a felony of the second degree if another suffers
death as a direct result of an attempt by the officer from whom the
actor is fleeing to apprehend the actor while the actor is in
flight.
SECTION 5. Section 9, Article 42.01, Code of Criminal
Procedure, and Article 42.0198, Code of Criminal Procedure, as
added by this Act, apply only to a judgment of conviction entered on
or after the effective date of this Act.
SECTION 6. Section 508.145, Government Code, as amended by
this Act, applies only to the parole eligibility of an inmate
serving a sentence for an offense under Section 19.02, 22.011, or
22.021, Penal Code, committed on or after the effective date of this
Act. The parole eligibility of an inmate serving a sentence for an
offense under Section 19.02, 22.011, or 22.021, Penal Code,
committed before the effective date of this Act is governed by the
law in effect at the time 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 7. 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
covered by the law in effect when 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 8. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 221 was passed by the House on May 7,
2009, by the following vote: Yeas 140, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 221 was passed by the Senate on May
27, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor