BILL ANALYSIS

C.S.H.B. 2315

By: Turner, John

Criminal Jurisprudence

Committee Report (Substituted)

BACKGROUND AND PURPOSE

Cities across Texas have reported a significant increase in illegal street racing events in recent years. These dangerous, organized events can result in crashes, property damage, injuries, and death. Cities have taken steps to address this problem through the enforcement of existing laws, but it is the opinion of many cities and local law enforcement officials that additional tools are needed to effectively combat street racing activities. C.S.H.B. 2315 seeks to include any property used or intended to be used in the commission of a Class A misdemeanor or felony highway racing offense among the contraband eligible for civil asset forfeiture, which would be a significant additional disincentive for those who would organize and carry out these dangerous events.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

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

C.S.H.B. 2315 amends the Code of Criminal Procedure to include any property used or intended to be used in the commission of a Class A misdemeanor or felony highway racing offense as contraband subject to seizure and civil asset forfeiture.

EFFECTIVE DATE

September 1, 2021.

COMPARISON OF ORIGINAL AND SUBSTITUTE

While C.S.H.B. 2315 may differ from the original in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

The substitute does not expand the conduct constituting the offense of engaging in organized criminal activity and does not create a misdemeanor offense for a person who knowingly allows another to use their motor vehicle to engage in the conduct that constitutes the offense of racing on a highway.

The substitute revises the procedural provision that provides for the prospective application of the bill's provisions.