Texas 2009 - 81st Regular

Texas Senate Bill SB1176 Compare Versions

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1	1	By: Patrick, LucioWhitmire S.B. No. 1176
2	2	Whitmire
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the punishment prescribed for the offense of evading
8	8	arrest or detention.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subsection (b), Section 38.04, Penal Code, is
11	11	amended to read as follows:
12	12	(b) An offense under this section is a Class A [B]
13	13	misdemeanor, except that the offense is:
14	14	(1) a state jail felony if:
15	15	(A) the actor has been previously convicted under
16	16	this section; or
17	17	(B) the actor uses a vehicle while the actor is in
18	18	flight and the actor has not been previously convicted under this
19	19	section;
20	20	(2) a felony of the third degree if:
21	21	(A) the actor uses a vehicle while the actor is in
22	22	flight and the actor has been previously convicted under this
23	23	section; or
24	24	(B) another suffers serious bodily injury as a
25	25	direct result of an attempt by the officer from whom the actor is
26	26	fleeing to apprehend the actor while the actor is in flight; or
27	27	(3) a felony of the second degree if another suffers
28	28	death as a direct result of an attempt by the officer from whom the
29	29	actor is fleeing to apprehend the actor while the actor is in
30	30	flight.
31	31	SECTION 2. The change in law made by this Act applies only
32	32	to an offense committed on or after the effective date of this Act.
33	33	An offense committed before the effective date of this Act is
34	34	covered by the law in effect when the offense was committed, and the
35	35	former law is continued in effect for that purpose. For purposes of
36	36	this section, an offense was committed before the effective date of
37	37	this Act if any element of the offense was committed before that
38	38	date.
39	39	SECTION 3. This Act takes effect September 1, 2009.
40	40	COMMITTEE AMENDMENT NO. 1
41	41	Amend SB 1176 as follows:
42	42	Strike all below the enacting clause and replace with the
43	43	following:
44	44	SECTION 1. This Act may be cited as the Amy Lynn Donovan
45	45	Act.
46	46	SECTION 2. Section 38.04(b), Penal Code, is amended to read
47	47	as follows:
48	48	(b) An offense under this section is a Class A [B]
49	49	misdemeanor, except that the offense is:
50	50	(1) a state jail felony if:
51	51	(A) the actor has been previously convicted under
52	52	this section; or
53	53	(B) the actor uses a vehicle while the actor is in
54	54	flight and the actor has not been previously convicted under this
55	55	section;
56	56	(2) a felony of the third degree if:
57	57	(A) the actor uses a vehicle while the actor is in
58	58	flight and the actor has been previously convicted under this
59	59	section; or
60	60	(B) another suffers serious bodily injury as a
61	61	direct result of an attempt by the officer from whom the actor is
62	62	fleeing to apprehend the actor while the actor is in flight; or
63	63	(3) a felony of the second degree if another suffers
64	64	death as a direct result of an attempt by the officer from whom the
65	65	actor is fleeing to apprehend the actor while the actor is in
66	66	flight.
67	67	SECTION 3. The change in law made by this Act applies only
68	68	to an offense committed on or after the effective date of this Act.
69	69	An offense committed before the effective date of this Act is
70	70	covered by the law in effect when the offense was committed, and the
71	71	former law is continued in effect for that purpose. For purposes of
72	72	this section, an offense was committed before the effective date of
73	73	this Act if any element of the offense was committed before that
74	74	date.
75	75	SECTION 4. This Act takes effect September 1, 2009.
76	76	Miklos