HBA-JLV C.S.H.B. 3358 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3358
By: Martinez Fischer
Criminal Jurisprudence
4/12/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Over the last several years, there has been a growing concern about
aggressive driving and an increased level of apprehension among public
motorists about this traffic safety problem, as evidenced by self-report
surveys and national media attention.  According to a survey by the
National Highway Transportation Safety Administration, more than 60 percent
of drivers consider unsafe driving by others a personal threat to
themselves and their families, and 98 percent of respondents think it
important that something be done to reduce speeding and unsafe driving.
Heightened awareness of the harm caused by aggressive driving and incidents
of road rage, particularly the incidents that result in serious injury or
death, has prompted many to seek to criminalize road rage incidents and to
increase the penalty for  incidents of aggressive driving.  C.S.H.B. 3358
creates an offense of aggressive driving and increases penalties for
aggressive driving. 

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

C.S.H.B. 3358 amends the Transportation Code to provide that a person
commits an offense if as an operator, the person:  

 _drives a vehicle in a manner in violation of law with intent to harass,
annoy, or alarm another person, including an occupant of another vehicle;   

_displays to an occupant of another vehicle what reasonably appears to be a
deadly weapon, with intent to harass, annoy, or alarm the other person; or 

 _intentionally causes the person's vehicle to collide with another vehicle
with intent to harass, annoy, or alarm an occupant of the other vehicle.   

The bill provides that such an offense is a Class B misdemeanor, unless the
offense results in serious bodily injury or death, in which case such an
offense is a felony of the second degree. 

The bill applies to a private access way or parking area provided for a
client or patron by a business, other than a private residential property
or the property of a garage or parking lot for which a charge is made for
the storing or parking of motor vehicles, and a highway or other public
place. 

The bill authorizes a judge, who elects to defer further proceedings and to
place a defendant accused of a violation on probation, to require the
defendant to attend and present proof that the defendant successfully
completed an educational program developed and implemented by the
Department of Public Safety to discourage aggressive driving.  The bill
also authorizes a judge to emphasize the requirements set forth by these
provisions and the penalty for noncompliance. 
 
EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3358 modifies the original to authorize a judge to require a
defendant to attend and present proof that the defendant successfully
completed an educational program to discourage aggressive driving.  The
substitute also authorizes a judge to emphasize requirements and penalties
for noncompliance. 

The substitute specifies that a person commits an offense if the person is
acting as an operator of a vehicle and behaves in such as way as to harass,
annoy, or alarm another person, rather than only an occupant of another
vehicle.