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