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AN ACT
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relating to the punishment for the offense of evading arrest or |
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detention. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (b) and (c), Section 38.04, Penal |
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Code, are amended to read as follows: |
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(b) An offense under this section is a Class A misdemeanor, |
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except that the offense is: |
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(1) a state jail felony if: |
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(A) the actor has been previously convicted under |
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this section; or |
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(B) the actor uses a vehicle or watercraft while |
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the actor is in flight and the actor has not been previously |
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convicted under this section; |
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(2) a felony of the third degree if: |
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(A) the actor uses a vehicle or watercraft while |
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the actor is in flight and the actor has been previously convicted |
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under this section; or |
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(B) another suffers serious bodily injury as a |
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direct result of an attempt by the officer from whom the actor is |
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fleeing to apprehend the actor while the actor is in flight; or |
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(3) a felony of the second degree if another suffers |
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death as a direct result of an attempt by the officer from whom the |
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actor is fleeing to apprehend the actor while the actor is in |
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flight. |
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(c) In this section: |
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(1) "Vehicle"[, "vehicle"] has the meaning assigned by |
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Section 541.201, Transportation Code. |
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(2) "Watercraft" has the meaning assigned by Section |
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49.01. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 496 passed the Senate on |
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April 13, 2011, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 496 passed the House on |
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May 23, 2011, by the following vote: Yeas 142, Nays 0, one |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |