| 1 | 1 | | 81R7106 GCB-F |
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| 2 | 2 | | By: Hunter H.B. No. 2873 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the punishment prescribed for the offense of evading |
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| 8 | 8 | | arrest or detention and to creating the offense of evading felony |
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| 9 | 9 | | arrest or detention. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 38.04(b), Penal Code, is amended to read |
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| 12 | 12 | | as follows: |
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| 13 | 13 | | (b) An offense under this section is a Class B misdemeanor, |
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| 14 | 14 | | except that the offense is: |
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| 15 | 15 | | (1) a state jail felony if: |
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| 16 | 16 | | (A) the actor has been previously convicted under |
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| 17 | 17 | | this section; or |
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| 18 | 18 | | (B) the actor uses a vehicle while the actor is in |
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| 19 | 19 | | flight and the actor has not been previously convicted under this |
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| 20 | 20 | | section; |
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| 21 | 21 | | (2) a felony of the third degree if: |
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| 22 | 22 | | (A) the actor uses a vehicle while the actor is in |
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| 23 | 23 | | flight and the actor has been previously convicted under this |
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| 24 | 24 | | section; or |
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| 25 | 25 | | (B) another suffers serious bodily injury as a |
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| 26 | 26 | | direct result of an attempt by the officer from whom the actor is |
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| 27 | 27 | | fleeing to apprehend the actor while the actor is in flight; or |
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| 28 | 28 | | (3) a felony of the second degree if another suffers |
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| 29 | 29 | | death as a direct result of an attempt by the officer from whom the |
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| 30 | 30 | | actor is fleeing to apprehend the actor while the actor is in |
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| 31 | 31 | | flight. |
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| 32 | 32 | | SECTION 2. Chapter 38, Penal Code, is amended by adding |
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| 33 | 33 | | Section 38.041 to read as follows: |
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| 34 | 34 | | Sec. 38.041. EVADING FELONY ARREST OR DETENTION. (a) A |
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| 35 | 35 | | person commits an offense if the person intentionally flees from a |
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| 36 | 36 | | peace officer and the person knows: |
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| 37 | 37 | | (1) the person from whom the actor is fleeing is a |
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| 38 | 38 | | peace officer; |
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| 39 | 39 | | (2) the peace officer is attempting lawfully to arrest |
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| 40 | 40 | | or detain the actor as a suspect in the commission of an offense; |
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| 41 | 41 | | and |
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| 42 | 42 | | (3) the offense the actor is suspected of committing |
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| 43 | 43 | | is punishable as a felony. |
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| 44 | 44 | | (b) An offense under this section is a felony of the third |
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| 45 | 45 | | degree, except that the offense is a felony of the second degree if |
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| 46 | 46 | | another suffers death as a direct result of an attempt by the |
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| 47 | 47 | | officer from whom the actor is fleeing to apprehend the actor while |
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| 48 | 48 | | the actor is in flight. |
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| 49 | 49 | | SECTION 3. The change in law made by this Act applies only |
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| 50 | 50 | | to an offense committed on or after the effective date of this Act. |
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| 51 | 51 | | An offense committed before the effective date of this Act is |
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| 52 | 52 | | covered by the law in effect when the offense was committed, and the |
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| 53 | 53 | | former law is continued in effect for that purpose. For purposes of |
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| 54 | 54 | | this section, an offense was committed before the effective date of |
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| 55 | 55 | | this Act if any element of the offense was committed before that |
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| 56 | 56 | | date. |
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| 57 | 57 | | SECTION 4. This Act takes effect September 1, 2009. |
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