SRC-TAG S.B. 795 78(R) BILL ANALYSIS Senate Research Center S.B. 795 78R3219 KEL-FBy: Gallegos Criminal Justice 5/5/2003 As Filed DIGEST AND PURPOSE Current law does not penalize corporations or associations that employ commercial motor vehicle drivers who commit criminally negligent homicide due to the failure to properly inspect, maintain, or operate a commercial motor vehicle. According to the Federal Motor Carrier Safety Administration, in 2000, 5,307 Americans died and an estimated 145,000 were injured in traffic crashes involving large trucks. As proposed, S.B. 795 allows for penalty of up to $100,000 against those corporations or associations adjudged to have committed criminally negligent homicide in the operation of commercial motor vehicle. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 12.51, Penal Code, by amending Subsections (b) and (c) and adding Subsection (f), as follows: (b) Provides that if a corporation or association is adjudged guilty of an offense that provides a penalty including imprisonment, or that provides no specific penalty, a court may sentence the corporation or association to pay a fine in an amount fixed by the court, not to exceed $100,000 if, as a result of criminally negligent conduct involving the inspection, maintenance, or operation of a commercial motor vehicle, an individual suffers death. Make a conforming change. (c) Makes a conforming change. (f) Defines "commercial motor vehicle." SECTION 2. (a) Effective date: September 1, 2003. (b) Makes application of this Act prospective.