Texas Senate Bill SB1176

Texas 2009 - 81st Regular

• Out of Senate Committee: 5/4/09
• Voted on by Senate: 5/6/09
• Out of House Committee: 5/18/09

Caption

Relating to the punishment prescribed for the offense of evading arrest or detention.

Impact

The legislation alters the Texas Penal Code, significantly impacting how offenses of evading arrest are prosecuted. Under the new provisions, a person who flees from a peace officer while being suspected of committing a felony can be charged with a felony of the third degree, increasing to second degree if the pursuit results in death. These adjustments reflect a shift towards stiffer penalties aimed at deterring individuals from fleeing law enforcement officers, with the understanding that such actions can endanger public safety.

Summary

Senate Bill 1176 addresses the offense of evading arrest or detention, proposing amendments to the existing penal code concerning the classification of this offense. The bill aims to create a new category, specifically addressing the situation where an individual evades arrest or detention while being pursued for a felony offense. The proposed law delineates various degrees of punishment depending on specific circumstances, such as previous convictions and whether the act of evasion results in serious bodily injury or death to another individual. This change intends to enhance the legal framework surrounding law enforcement operations and foot pursuits.

Contention

While the bill received backing for its attempts to reinforce police authority and public safety, there are potential concerns regarding its implications for criminal justice. Critics may argue that increasing penalties for evasion could disproportionately affect individuals in vulnerable situations, pushing them toward desperate actions in moments of fear. Additionally, there are voices advocating for consideration of the circumstances surrounding each case, as the nuances of law enforcement interactions can vary greatly. The effectiveness and fairness of these amendments will likely be a subject of continued discussion among lawmakers and advocacy groups.