Texas Senate Bill SB2404

Texas 2019 - 86th Regular

Caption

Relating to the criminal offense of evading arrest or detention.

Impact

The amendments introduced by SB2404 are expected to enhance the legal tools available to law enforcement when addressing evasion cases. By outlining the escalating penalties for different situations, the bill aims to deter individuals from attempting to flee from law enforcement. Furthermore, it sets clearer legal standards for the prosecution of evasion offenses, potentially increasing the accountability of individuals who engage in such behavior. The changes to the Penal Code signify an effort by the legislature to address public safety concerns associated with high-speed chases and other dangerous evasion tactics.

Summary

SB2404 amends the existing statutes concerning the criminal offense of evading arrest or detention in Texas. This bill specifies various degrees of punishment depending on the circumstances surrounding the evasion, including classifications as a Class A misdemeanor for the basic offense. More severe consequences are outlined for offenders who use a vehicle, cause bodily injury, or utilize tire deflation devices while resisting arrest. Under the new law, repeat offenders facing similar charges would face expanded felony classifications that can range from state jail felonies to second-degree felonies if significant harm occurs during the act of evasion.

Contention

Though the bill has support from some quarters focused on law enforcement, concerns have been raised regarding its implications on civil rights and the potential for disproportionate punishment. Critics argue that the enhanced penalties might lead to harsh sentencing that does not take into account the context of the individual circumstances involved in each case. Additionally, there are discussions around potential overreach in law enforcement powers and the need for safeguards to prevent abuse in enforcement, suggesting that while the bill aims to deter crime, it could also lead to contentious legal clashes over its application.