82R5948 MAW-F
By: Fletcher H.B. No. 864
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for the offense of evading arrest or
detention.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 38.04(b) and (c), Penal Code, are
amended to read as follows:
(b) An offense under this section is a Class A 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
(C) the actor uses a tire deflation device
against the officer while the actor is in flight; or
(3) a felony of the second degree if:
(A) 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; or
(B) another suffers serious bodily injury as a
direct result of the actor's use of a tire deflation device while
the actor is in flight.
(c) In this section:
(1) "Vehicle" [, "vehicle"] has the meaning assigned
by Section 541.201, Transportation Code.
(2) "Tire deflation device" means a device, including
a caltrop or spike strip, that, when driven over, impedes or stops
the movement of a wheeled vehicle by puncturing one or more of the
vehicle's tires.
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
governed by the law in effect on the date 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 occurred
before that date.
SECTION 3. This Act takes effect September 1, 2011.