Bill Text: TX SB1495 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to certain criminal offenses related to highways and motor vehicles; creating a criminal offense; increasing a criminal penalty.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-18 - Effective on 9/1/21 [SB1495 Detail]
Download: Texas-2021-SB1495-Enrolled.html
S.B. No. 1495 |
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relating to certain criminal offenses related to highways and motor | ||
vehicles; creating a criminal offense; increasing a criminal | ||
penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 42.03, Penal Code, is amended by | ||
amending Subsection (c) and adding Subsections (d), (e), and (f) to | ||
read as follows: | ||
(c) Except as otherwise provided by Subsections (d) and (e), | ||
an [ |
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(d) Subject to Subsection (e), an offense under this section | ||
is a Class A misdemeanor if it is shown on the trial of the offense | ||
that, at the time of the offense, the person was operating a motor | ||
vehicle while engaging in a reckless driving exhibition. | ||
(e) An offense under this section is a state jail felony if | ||
it is shown on the trial of the offense that, at the time of the | ||
offense, the person was operating a motor vehicle while engaging in | ||
a reckless driving exhibition, and: | ||
(1) the person has previously been convicted of an | ||
offense punishable under Subsection (d); | ||
(2) at the time of the offense, the person was | ||
operating a motor vehicle while intoxicated, as defined by Section | ||
49.01; or | ||
(3) a person suffered bodily injury as a result of the | ||
offense. | ||
(f) For purposes of this section, "reckless driving | ||
exhibition" means an operator of a motor vehicle, on a highway or | ||
street and in the presence of two or more persons assembled for the | ||
purpose of spectating the conduct, intentionally: | ||
(1) breaking the traction of the vehicle's rear tires; | ||
(2) spinning the vehicle's rear tires continuously by | ||
pressing the accelerator and increasing the engine speed; and | ||
(3) steering the vehicle in a manner designed to | ||
rotate the vehicle. | ||
SECTION 2. Subchapter I, Chapter 545, Transportation Code, | ||
is amended by adding Section 545.4205 to read as follows: | ||
Sec. 545.4205. INTERFERENCE WITH PEACE OFFICER | ||
INVESTIGATION OF HIGHWAY RACING OR RECKLESS DRIVING EXHIBITION; | ||
CRIMINAL OFFENSE. (a) A person commits an offense if the person | ||
uses the person's body, a car, or a barricade to knowingly impede or | ||
otherwise interfere with a peace officer's investigation of conduct | ||
prohibited under Section 545.420 or a reckless driving exhibition, | ||
as defined by Section 42.03, Penal Code. | ||
(b) An offense under this section is a Class B misdemeanor. | ||
(c) If conduct constituting an offense under this section | ||
also constitutes an offense under any other law, the actor may be | ||
prosecuted under this section, the other law, or both. | ||
SECTION 3. The changes in law made by this Act apply only to | ||
an offense committed on or after the effective date of this Act. An | ||
offense committed before the effective date of this Act is governed | ||
by the law in effect when the offense was committed, and the former | ||
law is continued in effect for that purpose. For purposes of this | ||
section, an offense was committed before the effective date of this | ||
Act if any element of the offense occurred before that date. | ||
SECTION 4. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1495 passed the Senate on | ||
April 28, 2021, by the following vote: Yeas 26, Nays 5; and that | ||
the Senate concurred in House amendment on May 30, 2021, by the | ||
following vote: Yeas 25, Nays 6. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1495 passed the House, with | ||
amendment, on May 26, 2021, by the following vote: Yeas 136, | ||
Nays 11, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |