Hagenbuch Bill Makes Reckless Driving A Felony If Someone’s Hurt

The text as introduced · 315 words

By: Hagenbuch
S.B. No. 185

A BILL TO BE ENTITLED

AN ACT

relating to increasing the criminal penalty for the offense of

reckless driving.

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

SECTION 1. Section 545.401, Transportation Code, is amended

by amending Subsection (b) and adding Subsections (b-1), (e), and

(f) to read as follows:

(b) Subject to Subsection (b-1), an [ An ] offense under this

section is a misdemeanor punishable by:

(1) a fine not to exceed $200;

(2) confinement in county jail for not more than 30

days; or

(3) both the fine and the confinement.

(b-1) Notwithstanding Subsection (b), an offense under this

section is:

(1) a state jail felony if it is shown on the trial of

the offense that another person suffered bodily injury as a result

of the offense; and

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

trial of the offense that another person suffered serious bodily

injury as a result of the offense.

(e) If conduct that constitutes an offense under this

section also constitutes an offense under any other law, the actor

may be prosecuted under this section, the other law, or both.

(f) In this section, "bodily injury" and "serious bodily

injury" have the meanings assigned by Section 1.07, Penal Code.

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

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 occurred

before that date.

SECTION 3. This Act takes effect September 1, 2027.