BILL ANALYSIS

S.B. 2799

By: Creighton

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill sponsor has informed the committee that prosecutors have insufficient tools to adequately address reckless driving cases and that the lack of options can result in reckless driving "accident" offenders being charged with the same felony offense as an offender who intentionally runs a victim over with a vehicle. S.B. 2799 seeks to address this gap in the law by creating a framework of graduated charges depending on the severity of the reckless driving offense.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes 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

S.B. 2799 amends the Transportation Code to enhance the penalty for the offense of reckless driving from a misdemeanor punishable by a fine not to exceed $200, confinement in county jail for not more than 30 days, or both the fine and the confinement to the following:

· a state jail felony if it is shown on the trial of the offense that another person suffered bodily injury as a result of the offense; and

· a third degree felony if it is shown on the trial of the offense that another person suffered serious bodily injury as a result of the offense.

The bill defines "bodily injury" and "serious bodily injury" for these purposes by reference to applicable general Penal Code provisions. The bill establishes that if conduct that constitutes a reckless driving offense also constitutes an offense under any other law, the actor may be prosecuted under provisions relating to reckless driving, the other law, or both.

S.B. 2799 applies only to an offense committed on or after the bill's effective date. An offense committed before the bill's effective date is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For these purposes, an offense was committed before the bill's effective date if any element of the offense occurred before that date.

EFFECTIVE DATE

September 1, 2025.