Bill Text: TX HB1258 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the punishment for the offense of attempting to evade arrest or detention through the use of a vehicle.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-04-09 - Left pending in committee [HB1258 Detail]
Download: Texas-2013-HB1258-Introduced.html
| 83R5652 MEW-D | ||
| By: Zedler | H.B. No. 1258 | |
|
|
||
|
|
||
| relating to the punishment for the offense of attempting to evade | ||
| arrest or detention through the use of a vehicle. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article 42.08, Code of Criminal Procedure, is | ||
| amended by amending Subsection (a) and adding Subsections (d) and | ||
| (e) to read as follows: | ||
| (a) When the same defendant has been convicted in two or | ||
| more cases, judgment and sentence shall be pronounced in each case | ||
| in the same manner as if there had been but one conviction. Except | ||
| as provided by Subsections [ |
||
| this article, in the discretion of the court, the judgment in the | ||
| second and subsequent convictions may either be that the sentence | ||
| imposed or suspended shall begin when the judgment and the sentence | ||
| imposed or suspended in the preceding conviction has ceased to | ||
| operate, or that the sentence imposed or suspended shall run | ||
| concurrently with the other case or cases, and sentence and | ||
| execution shall be accordingly; provided, however, that the | ||
| cumulative total of suspended sentences in felony cases shall not | ||
| exceed 10 years, and the cumulative total of suspended sentences in | ||
| misdemeanor cases shall not exceed the maximum period of | ||
| confinement in jail applicable to the misdemeanor offenses, though | ||
| in no event more than three years, including extensions of periods | ||
| of community supervision under Section 22, Article 42.12, of this | ||
| code, if none of the offenses are offenses under Chapter 49, Penal | ||
| Code, or four years, including extensions, if any of the offenses | ||
| are offenses under Chapter 49, Penal Code. | ||
| (d) The judge shall order the sentence for an offense under | ||
| Section 38.04, Penal Code, to commence immediately on completion of | ||
| any sentence imposed for the conduct for which the peace officer or | ||
| federal special investigator was attempting to lawfully arrest or | ||
| detain the defendant if it is shown on the trial of the offense | ||
| under Section 38.04 that the defendant: | ||
| (1) used a vehicle while in flight to travel on a | ||
| residential roadway, to travel through a residential neighborhood | ||
| or school zone, or to travel through a construction or maintenance | ||
| work zone while workers were present; or | ||
| (2) used a vehicle while in flight and: | ||
| (A) operated the vehicle at a speed of 30 miles | ||
| per hour or more over the posted speed limit; or | ||
| (B) recklessly carried on or about the | ||
| defendant's person a handgun in the vehicle. | ||
| (e) For purposes of Subsection (d), "vehicle" has the | ||
| meaning assigned by Section 541.201, Transportation Code, and | ||
| "construction or maintenance work zone" has the meaning assigned by | ||
| Section 472.022, Transportation Code. | ||
| 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, 2013. | ||
