BILL ANALYSIS

H.B. 72

By: Fletcher

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties believe that under Texas law, drivers have an incentive to flee the scene of a motor vehicle accident without immediately stopping and rendering aid because such a hit-and-run incident resulting in serious bodily injury to another carries the same penalty as a hit-and-run incident resulting in the death of a person. Additionally, if the driver is intoxicated, fleeing the scene of such an accident may prevent the prosecution in the criminal case from proving the driver's intoxication and charging the driver with intoxication assault or manslaughter. H.B. 72 seeks to address this issue by increasing the penalty for failure to stop and render aid following a motor vehicle accident resulting in a person's death.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 72 amends the Transportation Code to increase from a third degree felony to a second degree felony the penalty for the offense involving leaving the scene of a motor vehicle accident resulting in the death of a person without immediately stopping the vehicle at the scene, returning to and remaining at the scene, providing certain identifying information, and rendering aid.

EFFECTIVE DATE

September 1, 2013.