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.