BILL ANALYSIS

S.B. 3031

By: Huffman

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Road rage incidents, more specifically road rage shootings, have been on the rise in Texas. Current law for aggravated assault includes incidents in which a firearm is discharged from inside a motor vehicle, but the bill sponsor has informed the committee that there is a gap in the law for addressing incidents in which a firearm is discharged while an individual is en route to or from a motor vehicle and that, in addition, current law does not include incidents in which an individual discharges a firearm but does not shoot another victim, either missing or firing a threatening shot. As a result, these incidents can result in a lesser sentence. S.B. 3031 seeks to expand the conduct that constitutes aggravated assault to include road rage shooting incidents in which the perpetrator discharges their firearm while en route to or from a motor vehicle and road rage incidents in which an individual discharges a firearm causing property damage or placing any person in fear of imminent serious bodily injury.

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

S.B. 3031 amends the Penal Code to revise the conduct that constitutes the first degree felony offense of aggravated assault when the actor is in a motor vehicle and causes bodily injury to any person in discharging the firearm as follows:

· removes the specification that the bodily injury caused by the actor is serious bodily injury;

· expands that conduct to include placing any person in fear of imminent serious bodily injury, or causing damage to any property, in discharging the firearm; and

· specifies that the conduct applies also when the actor is directly en route to or from a motor vehicle.

S.B. 3031 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.