79R4997 BDH-D


By:  Reyna, et al.                                                H.B. No. 1249



A BILL TO BE ENTITLED

AN ACT

relating to criminal punishment for aggressive driving that results 
in the death of a person.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 42, Code of Criminal Procedure, is 
amended by adding Article 42.020 to read as follows:
	Art. 42.020.  FINDING REGARDING AGGRESSIVE DRIVING. (a) In 
this section, "aggressive driving" means:
		(1)  driving a vehicle in a manner in violation of law 
with intent to harass, annoy, or alarm an occupant of another 
vehicle;
		(2)  while driving a vehicle, displaying to an occupant 
of another vehicle what reasonably appears to be a deadly weapon, as 
defined by Section 1.07(a)(17)(A), Penal Code, with intent to 
harass, annoy, or alarm the occupant; or
		(3)  intentionally causing a vehicle to collide with 
another vehicle with intent to harass, annoy, or alarm an occupant 
of the other vehicle.
	(b)  In the trial of an offense under Chapter 19, Penal Code, 
the judge shall make an affirmative finding of fact and enter the 
affirmative finding in the judgment in the case if at the guilt or 
innocence phase of the trial, the judge or jury, whichever is the 
trier of fact, determines beyond a reasonable doubt that the 
defendant, in committing the offense, was engaged in aggressive 
driving.
	SECTION 2.  Section 3g(a), Article 42.12, Code of Criminal 
Procedure, is amended to read as follows:
	(a)  The provisions of Section 3 of this article do not 
apply:               
		(1)  to a defendant adjudged guilty of an offense 
under:                    
			(A)  Section 19.02, Penal Code (Murder);                                     
			(B)  Section 19.03, Penal Code (Capital murder);                             
			(C)  Section 21.11(a)(1), Penal Code (Indecency 
with a child);             
			(D)  Section 20.04, Penal Code (Aggravated 
kidnapping);                    
			(E)  Section 22.021, Penal Code (Aggravated 
sexual assault);               
			(F)  Section 29.03, Penal Code (Aggravated 
robbery);                       
			(G)  Chapter 481, Health and Safety Code, for 
which punishment is increased under:
				(i)  Section 481.140, Health and Safety 
Code; or                          
				(ii)  Section 481.134(c), (d), (e), or (f), 
Health and Safety Code, if it is shown that the defendant has been 
previously convicted of an offense for which punishment was 
increased under any of those subsections; or
			(H)  Section 22.011, Penal Code (Sexual assault); 
or                       
		(2)  to a defendant when:                                              
			(A)  an affirmative finding under Article 42.020 
is made in the trial of the case; or
			(B)  it is shown that a deadly weapon as defined in 
Section 1.07, Penal Code, was used or exhibited during the 
commission of a felony offense or during immediate flight 
therefrom, and that the defendant used or exhibited the deadly 
weapon or was a party to the offense and knew that a deadly weapon 
would be used or exhibited.  On an affirmative finding under this 
subdivision, the trial court shall enter the finding in the 
judgment of the court.  On an affirmative finding that the deadly 
weapon was a firearm, the court shall enter that finding in its 
judgment.
	SECTION 3.  Section 19.05(b), Penal Code, is amended to read 
as follows:     
	(b)  An offense under this section is a state jail felony, 
except that the offense is a felony of the third degree if the 
person, in committing the offense, was engaged in aggressive 
driving, as defined by Article 42.020, Code of Criminal Procedure.
	SECTION 4.  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 
covered by the law in effect when 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 was committed before that 
date.
	SECTION 5.  This Act takes effect September 1, 2005.