By: Patrick, Lucio S.B. No. 1176
(In the Senate - Filed February 26, 2009; March 13, 2009,
read first time and referred to Committee on Criminal Justice;
May 4, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 0; May 4, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1176 By: Patrick
A BILL TO BE ENTITLED
AN ACT
relating 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. Subsection (b), Section 38.04, 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 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
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 3. This Act takes effect September 1, 2009.
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