| TO: | Honorable Joe Driver, Chair, House Committee on Law Enforcement |
| FROM: | John Keel, Director, Legislative Budget Board |
| IN RE: | HB1326 by Martinez Fischer (Relating to the civil and criminal consequences of racing a motor vehicle on a public highway or street and of being a spectator at an illegal motor vehicle racing event; providing penalties.), As Introduced |
The provisions of the bill that are the subject of this analysis are the provisions that would deal with felony sanctions. The bill would amend the Transportation Code by making the racing on a highway, as defined by the Transportation Code, punishable as a state jail felony if the person has two previous convictions for the same offense. The bill would also make racing on a highway punishable as a third degree felony if the race results in bodily injury. The bill would also make racing on a highway punishable as a second degree felony if the race results in serious bodily injury or death.
A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or, in addition to confinement, a fine not to exceed $10,000.
A third degree felony is punishable by imprisonment in the institutional division for any term of not more than 10 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.
A second degree felony is punishable by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.
For this analysis it is assumed that the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies.
| Source Agencies: | 405 Department Of Public Safety
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| LBB Staff: | JK, GG
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