Honorable John Whitmire, Chair, Senate Committee on Criminal Justice
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB1442 by Johnson, Ann (Relating to the prosecution of certain criminal conduct involving a reckless driving exhibition or racing on a highway and to the forfeiture of contraband as a result of a reckless driving exhibition.), Committee Report 2nd House, Substituted
The bill would make the offense of obstructing a highway or passageway if committed while operating a motor vehicle and engaging in a reckless driving exhibition and the offense of racing on a highway subject to penalty enhancement one category higher if the offense is committed while engaging in certain organized criminal activities. Under existing statute, the offense of obstructing a highway or passageway while engaging in a reckless driving exhibition is punishable as a Class A misdemeanor or as a state jail felony depending on the circumstances of the offense, and the offense of racing on a highway is punishable as a Class B misdemeanor through a second degree felony depending on the circumstances of the offense.
Increasing the penalty for an existing offense may result in additional demands upon state and local correctional resources due to a possible increase in the number of individuals placed under supervision in the community or sentenced to a term of confinement.
In fiscal year 2022, there were 11 individuals arrested, 2 individuals placed on adult community supervision, no individuals placed on juvenile probation supervision, and no individuals admitted into an adult or juvenile state correctional institution for the offense of obstructing a highway or passageway while engaging in a reckless driving exhibition.
In fiscal year 2022, there were 1,439 individuals arrested, 229 individuals placed on adult community supervision, 23 individuals placed on juvenile probation supervision, 6 individuals admitted to an adult state correctional institution, and no individuals admitted to a juvenile state correctional institution for the offense of racing on a highway.
It is assumed that any impact on state correctional populations or on the demand for state correctional resources would not be significant.