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Relating to certain criminal offenses related to highways and motor vehicles; creating a criminal offense; increasing a criminal penalty.
Enhancing the penalty for a criminal offense could result in additional demands on the correctional resources of the counties or of the State. The probable fiscal impact of implementing the bill is indeterminate due to the lack of information on the number of cases in which the obstruction of a highway or passageway offense was committed while engaging in certain prohibited driving. This information is necessary to identify only those cases which would be subject to the bill's enhancement provisions.
SB 1495 would create two sentencing enhancements for the criminal offense of obstructing a highway. If it is shown on trial that the offender was operating a motor vehicle as part of a burnout exhibition, the offense would increase from a Class B misdemeanor to Class A misdemeanor. If it is shown on trial that the offender was doing so and has been previously convicted of the Class A misdemeanor charge, was driving while intoxicated, or inflicted serious bodily injury onto another person, the offense would become a state jail felony.
SB 1495 would also make it a Class B misdemeanor criminal offense to knowingly impede a peace officer's investigation of a racing on highway offense or burnout exhibition.
Texas Action is neutral on SB 1495 as it does not significantly affect any of our Liberty Principles. The sentencing enhancements proposed by this legislation remain proportional to the offense.
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