78R8080 JRJ-D

By:  Canales                                                      H.B. No. 2513



A BILL TO BE ENTITLED

AN ACT

relating to increasing the penalty for the offense of leaving the 
scene of an accident.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 550.021, Transportation Code, is amended 
by amending Subsection (c) and adding Subsections (d) and (e) to 
read as follows:
	(c)  A person commits an offense if the person does not stop 
or does not comply with the requirements of this section.  Except as 
provided by Subsection (d), an [An] offense under this section is 
punishable by:
		(1)  imprisonment in the institutional division of the 
Texas Department of Criminal Justice for not more than five years or 
confinement in the county jail for not more than one year;
		(2)  a fine not to exceed $5,000; or                                          
		(3)  both the fine and the imprisonment or confinement.                       
	(d)  An offense under this section involving an accident 
resulting in serious bodily injury or death is a felony of the first 
degree.
	(e)  In this section, "serious bodily injury" has the meaning 
assigned by Section 1.07, Penal Code.
	SECTION 2.  Section 550.022(c), Transportation Code, is 
amended to read as follows:
	(c)  A person commits an offense if the person does not stop 
or does not comply with the requirements of this section.  An 
offense under this section is:
		(1)  a Class C misdemeanor, if the damage to all 
vehicles is less than $200; [or]
		(2)  a Class B misdemeanor, if the damage to all 
vehicles is $200 or more but less than $500; or
		(3)  a felony of the third degree if the damage to all 
vehicles is $500 or more.
	SECTION 3.  Section 8.07(a), Penal Code, is amended to read 
as follows:      
	(a)  A person may not be prosecuted for or convicted of any 
offense that the person committed when younger than 15 years of age 
except:
		(1)  perjury and aggravated perjury when it appears by 
proof that the person had sufficient discretion to understand the 
nature and obligation of an oath;
		(2)  a violation of a penal statute cognizable under 
Chapter 729, Transportation Code, except for:
			(A)  an offense under Section 550.021, 
Transportation Code;                
			(B)  an offense punishable as a Class B 
misdemeanor or a felony of the third degree under Section 550.022, 
Transportation Code; or
			(C)  an offense punishable as a Class B 
misdemeanor under Section 550.024, Transportation Code;
		(3)  a violation of a motor vehicle traffic ordinance 
of an incorporated city or town in this state;
		(4)  a misdemeanor punishable by fine only other than 
public intoxication;  
		(5)  a violation of a penal ordinance of a political 
subdivision;           
		(6)  a violation of a penal statute that is, or is a 
lesser included offense of, a capital felony, an aggravated 
controlled substance felony, or a felony of the first degree for 
which the person is transferred to the court under Section 54.02, 
Family Code, for prosecution if the person committed the offense 
when 14 years of age or older; or
		(7)  a capital felony or an offense under Section 19.02 
for which the person is transferred to the court under Section 
54.02(j)(2)(A), Family Code.
	SECTION 4.  Subdivision (16), Section 51.02, Family Code, is 
amended to read as follows:
		(16)  "Traffic offense" means:                                                
			(A)  a violation of a penal statute cognizable 
under Chapter 729, Transportation Code, except for:
				(i)  conduct constituting an offense under 
Section 550.021, Transportation Code;
				(ii)  conduct constituting an offense 
punishable as a Class B misdemeanor or felony of the third degree
under Section 550.022, Transportation Code; or
				(iii)  conduct constituting an offense 
punishable as a Class B misdemeanor under Section 550.024, 
Transportation Code; or
			(B)  a violation of a motor vehicle traffic 
ordinance of an incorporated city or town in this state.
	SECTION 5.  (a) The change in law made by this Act applies 
only to an offense committed on or after the effective date of this 
Act.  For purposes of this section, an offense is committed before 
the effective date of this Act if any element of the offense occurs 
before that date.
	(b)  An offense committed before the effective date of this 
Act is covered by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 6.  This Act takes effect September 1, 2003.