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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment for the offense of attempting to evade |
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arrest or detention through the use of a vehicle. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.08, Code of Criminal Procedure, is |
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amended by amending Subsection (a) and adding Subsections (d) and |
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(e) to read as follows: |
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(a) When the same defendant has been convicted in two or |
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more cases, judgment and sentence shall be pronounced in each case |
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in the same manner as if there had been but one conviction. Except |
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as provided by Subsections [Sections] (b), [and] (c), and (d) of |
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this article, in the discretion of the court, the judgment in the |
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second and subsequent convictions may either be that the sentence |
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imposed or suspended shall begin when the judgment and the sentence |
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imposed or suspended in the preceding conviction has ceased to |
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operate, or that the sentence imposed or suspended shall run |
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concurrently with the other case or cases, and sentence and |
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execution shall be accordingly; provided, however, that the |
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cumulative total of suspended sentences in felony cases shall not |
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exceed 10 years, and the cumulative total of suspended sentences in |
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misdemeanor cases shall not exceed the maximum period of |
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confinement in jail applicable to the misdemeanor offenses, though |
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in no event more than three years, including extensions of periods |
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of community supervision under Section 22, Article 42.12, of this |
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code, if none of the offenses are offenses under Chapter 49, Penal |
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Code, or four years, including extensions, if any of the offenses |
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are offenses under Chapter 49, Penal Code. |
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(d) The judge shall order the sentence for an offense under |
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Section 38.04, Penal Code, to commence immediately on completion of |
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any sentence imposed for the conduct for which the peace officer or |
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federal special investigator was attempting to lawfully arrest or |
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detain the defendant if it is shown on the trial of the offense |
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under Section 38.04 that the defendant: |
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(1) used a vehicle while in flight to travel on a |
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residential roadway, to travel through a residential neighborhood |
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or school zone, or to travel through a construction or maintenance |
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work zone while workers were present; or |
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(2) used a vehicle while in flight and: |
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(A) operated the vehicle at a speed of 30 miles |
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per hour or more over the posted speed limit; or |
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(B) recklessly carried on or about the |
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defendant's person a handgun in the vehicle. |
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(e) For purposes of Subsection (d), "vehicle" has the |
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meaning assigned by Section 541.201, Transportation Code, and |
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"construction or maintenance work zone" has the meaning assigned by |
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Section 472.022, Transportation Code. |
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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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governed 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, 2013. |