dodging a checkpoint raises the penalty for assault and burglary

The text as introduced · 1,189 words

89R3284 JRR-F

By: Spiller
H.B. No. 674

A BILL TO BE ENTITLED

AN ACT

relating to the prosecution and punishment of certain criminal

offenses committed in the course of or for the purpose of avoiding

certain law enforcement checkpoints or evading an arrest or

detention; increasing criminal penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 3.03(d)(1), Penal Code, is amended to

read as follows:

(d)(1) This subsection applies only to a single criminal

action in which the accused is found guilty of:

(A) an offense under Section 20.05(a)(2) or an

offense under Section 20.06 involving conduct constituting an

offense under Section 20.05(a)(2); and

(B) an offense punishable under Section

22.01(b-4)(1), 28.10(1) [ 22.01(b-4), 28.10 ], 30.02(c-2),

30.04(d)(3)(B)(i), 30.05(d)(4)(A) [ 30.04(d)(3)(B), 30.05(d)(4) ],

or 38.04(b-1) that arises out of the same criminal episode as the

offense described by Paragraph (A).

SECTION 2. Section 20.05, Penal Code, is amended by adding

Subsection (b-3) to read as follows:

(b-3) For purposes of Subsection (a)(1)(A), the actor is

presumed to have acted knowingly and with the intent to conceal the

individual being transported from a peace officer or special

investigator if in the course of committing the offense the actor

intentionally avoided a federal or state law enforcement

checkpoint.

SECTION 3. Section 22.01(b-4), Penal Code, is amended to

read as follows:

(b-4) Notwithstanding Subsection (b), an offense under

Subsection (a)(1) is a felony of the third degree if it is shown on

the trial of the offense that the actor :

(1) committed the offense in the course of committing

an offense under Section 20.05(a)(2) ; or

(2) committed the offense in the course of or for the

purpose of intentionally avoiding a federal or state law

enforcement checkpoint .

SECTION 4. Section 28.10, Penal Code, is amended to read as

follows:

Sec. 28.10. ENHANCED PENALTY FOR CERTAIN MISDEMEANORS OR

STATE JAIL FELONIES. The punishment for an offense under this

chapter that is punishable as a misdemeanor or a state jail felony

is increased to the punishment for a felony of the third degree if

it is shown on the trial of the offense that the actor :

(1) committed the offense in the course of committing

an offense under Section 20.05(a)(2) ; or

(2) committed the offense in the course of or for the

purpose of:

(A) intentionally avoiding a federal or state law

enforcement checkpoint; or

(B) engaging in conduct constituting an offense

under Section 38.04 .

SECTION 5. Section 30.02, Penal Code, is amended by

amending Subsection (c) and adding Subsection (c-3) to read as

follows:

(c) Except as provided in Subsection (c-1), (c-2), (c-3), or

(d), an offense under this section is a:

(1) state jail felony if committed in a building other

than a habitation; or

(2) felony of the second degree if committed in a

habitation.

(c-3) An offense under this section is a felony of the third

degree if:

(1) the premises are a building other than a

habitation; and

(2) it is shown on the trial of the offense that the

actor committed the offense in the course of or for the purpose of

intentionally avoiding a federal or state law enforcement

checkpoint.

SECTION 6. Section 30.04(d), Penal Code, is amended to read

as follows:

(d) An offense under this section is a Class A misdemeanor,

except that:

(1) the offense is a Class A misdemeanor with a minimum

term of confinement of six months if it is shown on the trial of the

offense that the defendant has been previously convicted of an

offense under this section;

(2) the offense is a state jail felony if:

(A) it is shown on the trial of the offense that

the defendant has been previously convicted two or more times of an

offense under this section; or

(B) the vehicle or part of the vehicle broken

into or entered is a rail car; and

(3) the offense is a felony of the third degree if:

(A) the vehicle broken into or entered is owned

or operated by a wholesale distributor of prescription drugs and

the actor breaks into or enters that vehicle with the intent to

commit theft of a controlled substance; or

(B) it is shown on the trial of the offense that

the actor :

(i) committed the offense in the course of

committing an offense under Section 20.05(a)(2) ; or

(ii) committed the offense in the course of

or for the purpose of intentionally avoiding a federal or state law

enforcement checkpoint .

SECTION 7. Section 30.05(d), Penal Code, is amended to read

as follows:

(d) Subject to Subsection (d-3), an offense under this

section is:

(1) a Class B misdemeanor, except as provided by

Subdivisions (2), (3), and (4);

(2) a Class C misdemeanor, except as provided by

Subdivisions (3) and (4), if the offense is committed:

(A) on agricultural land and within 100 feet of

the boundary of the land; or

(B) on residential land and within 100 feet of a

protected freshwater area;

(3) a Class A misdemeanor, except as provided by

Subdivision (4), if:

(A) the offense is committed:

(i) in a habitation or a shelter center;

(ii) on a Superfund site; or

(iii) on or in a critical infrastructure

facility;

(B) the offense is committed on or in property of

an institution of higher education and it is shown on the trial of

the offense that the person has previously been convicted of:

(i) an offense under this section relating

to entering or remaining on or in property of an institution of

higher education; or

(ii) an offense under Section 51.204(b)(1),

Education Code, relating to trespassing on the grounds of an

institution of higher education;

(C) the person carries a deadly weapon during the

commission of the offense; or

(D) the offense is committed on the property of

or within a general residential operation operating as a

residential treatment center; and

(4) a felony of the third degree if it is shown on the

trial of the offense that the defendant :

(A) committed the offense in the course of

committing an offense under Section 20.05(a)(2) ; or

(B) committed the offense in the course of or for

the purpose of intentionally avoiding a federal or state law

enforcement checkpoint .

SECTION 8. The changes in law made by this Act apply 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 was committed before that

date.

SECTION 9. This Act takes effect July 1, 2025, if it

receives a vote of two-thirds of all the members elected to each

house, as provided by Section 39, Article III, Texas Constitution.

If this Act does not receive the vote necessary for effect on that

date, this Act takes effect September 1, 2025.