HBA-SEP H.B. 175 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 175
By: Goolsby
Criminal Jurisprudence
4/6/2001
Introduced



BACKGROUND AND PURPOSE 

Current law provides that the punishment for evading arrest or detention
with a vehicle is a Class A misdemeanor and a state jail felony for
subsequent offenses.  This offense is occurring with more frequency and
places law enforcement and the community at risk.  Increasing the penalty
may serve as a better deterrent from committing this offense.  House Bill
175 increases the penalty to a state jail felony for a first offense and a
felony of the third degree for subsequent offenses.     

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 175 amends the Penal and Transportation codes.  The Penal Code
is amended  to increase the punishment for evading arrest or detention from
a Class A misdemeanor to a state jail felony if the actor, who has not
previously been convicted of evading arrest or detention, uses a vehicle
while in flight.  The bill also increases the punishment for evading arrest
or detention from a  state jail felony to a felony of the third degree if
the actor uses a vehicle while in flight and the actor has previously been
convicted of evading arrest or detention. 

The Transportation Code is amended to provide that a driver's license is to
be suspended for two years if the license holder is convicted of evading
arrest or detention and used a vehicle while in flight.  

EFFECTIVE DATE

September 1, 2001.