Bill Text: TX SB496 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the punishment for the offense of evading arrest or detention.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB496 Detail]
Download: Texas-2011-SB496-Enrolled.html
| S.B. No. 496 | ||
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| 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. Subsections (b) and (c), Section 38.04, 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 or watercraft 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 or watercraft 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 | ||
| (3) a felony of the second degree if 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. | ||
| (c) In this section: | ||
| (1) "Vehicle"[ |
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| Section 541.201, Transportation Code. | ||
| (2) "Watercraft" has the meaning assigned by Section | ||
| 49.01. | ||
| 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 | ||
| covered 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. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 496 passed the Senate on | ||
| April 13, 2011, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 496 passed the House on | ||
| May 23, 2011, by the following vote: Yeas 142, Nays 0, one | ||
| present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
