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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 [Sections] (b), [and] (c), and (d) of
  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.
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