Honorable Pete Gallego, Chair, House Committee on Criminal Jurisprudence
FROM:
John S O'Brien, Director, Legislative Budget Board
IN RE:
HB1213 by Fletcher (Relating to increasing the penalty for the offense of leaving the scene of an accident that involves personal injury or death.), As Introduced
The bill would amend the Transportation Code as it relates to the offense of leaving the scene of an accident that involves personal injury or death. Under the provisions of the bill, failing to stop or not complying with the requirements of the Transportation Code as they relate to accidents involving personal injury or death would be punishable as a third degree felony. Under current statute, failing to stop or not complying with the requirements of the Transportation Code as they relate to accidents resulting in death or serious bodily injury is a third degree felony. Under current statute, failing to stop or not complying with the requirements of the Transportation Code as they relate to accidents involving personal injury is punishable by imprisonment for not more than five years in the Texas Department of Criminal Justice or confinement in county jail for not more than one year, a fine not to exceed $5000, or both fine and the imprisonment or confinement.
A felony of the third degree is punishable by confinement in prison for a term from 2 to 10 years and, in addition to confinement, an optional fine not to exceed $10,000.
Increasing the penalty for any criminal offense is expected to result in increased demands upon the correctional resources of counties or of the State due to longer terms of supervision in the community, or longer terms of confinement in county jail, state jail or prison. In fiscal year 2010, less than 10 people were arrested, less than five people were placed on felony community supervision, and less than five people were admitted to prison for failing to stop or not complying with the requirements of the Transportation Code as they relate to accidents involving personal injury. For this analysis, it is assumed the number of offenders convicted under the change in 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.