LEGISLATIVE BUDGET BOARD
Austin, Texas
 
CRIMINAL JUSTICE IMPACT STATEMENT
 
79TH LEGISLATIVE REGULAR SESSION
 
April 11, 2005

TO:
Honorable Mike Krusee, Chair, House Committee on Transportation
 
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
 
IN RE:
HB891 by Leibowitz (Relating to motor vehicle airbags.), As Introduced

The provision of the bill that is the subject of this analysis would amend the Transportation Code by enhancing the penalties for certain offenses related to the installation of airbags in motor vehicles.  The penalty for installing an airbag that does not meet all applicable federal safety regulations for an airbag installed in a vehicle of that make, model, and year would be enhanced from a Class A misdemeanor to a felony of the third degree for repeat offenders.  If the installation of an airbag that does not meet federal safety regulations for a vehicle of that make, model, and year results in bodily injury to an individual, the penalty would be enhanced from a Class A misdemeanor to a felony of the second degree.

A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year, a fine not to exceed $4,000, or both fine and imprisonment. 
 
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.
 
Enhancing the penalty for an offense from a Class A misdemeanor to a second or third degree felony represents a shift in responsibility from local government to the State in dealing with incarceration expenses.   In the case of this bill, the increased workload and demand for State resources would probably not be substantial.



Source Agencies:
LBB Staff:
JOB, GG, BT