Bill Caption

Relating to the prosecution of the criminal offense of passing a school bus; increasing a criminal penalty.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

HB 4070 would make it a second-degree felony to pass a school bus if it results in serious bodily injury to another person (raised from a Class A misdemeanor) and would repeal the provision of law that provides for a state jail felony if a person has been previously convicted of causing serious bodily injury by passing a bus. 

Vote Recommendation Notes

Texas Action opposes HB 4070 for violating the principle of limited government.  While we have no particular sympathy for people who commit this offense, increasing this crime to a second-degree felony is disproportionate to the crime. This escalates the penalty to a level three classes higher than the current penalty which is a significant jump.

The penalty would jump from up to one year in jail as a misdemeanor offense to 2-20 years in jail as a second degree felony, and attach to the defendant all of the disabilities associated with felony conviction including the inability to obtain a wide array of occupational licenses.

Due to this excessive penalty increase, we oppose HB 4070.