HOUSE HB 2315 (2nd reading)

RESEARCH J. Turner, et al.

ORGANIZATION bill digest 4/27/2021 (CSHB 2315 by K. Bell)

SUBJECT: Allowing forfeiture of contraband used in offense of racing on a highway

COMMITTEE: Criminal Jurisprudence — committee substitute recommended

VOTE: 7 ayes — Collier, K. Bell, Cason, Cook, Crockett, Murr, Vasut

0 nays

2 absent — Hinojosa, A. Johnson

WITNESSES: For — Chris Caso, City of Dallas; Jesse Reyes, Dallas Police Department;
Ruth Torres; (Registered, but did not testify: Robert McClinton, Bell
County Sheriffs Department; M. Paige Williams for Dallas County
Criminal District Attorney John Creuzot; Frederick Frazier, Dallas Police
Association/State FOP; George Craig, Houston Police Department; Ray
Hunt, HPOU; James Smith, San Antonio Police Department; Jimmy
Rodriguez, San Antonio Police Officers Association; Tom Maddox,
Sheriffs Association of Texas; John Wilkerson, Texas Municipal Police
Association; Lara Storm)

Against — (Registered, but did not testify: Angelica Cogliano, Austin

Lawyers Guild)

On — (Registered, but did not testify: Shannon Edmonds, Texas District

and County Attorneys Association)

BACKGROUND: Under Code of Criminal Procedure (CCP) ch. 59, Texas law enforcement
officers may take private property if it is used or intended to be used for
certain crimes. Seized property is referred to as contraband. A civil court
may then transfer ownership of the property to a law enforcement
department or other government office that may use or sell it. Seizure is
the taking of the property, and forfeiture is the transfer of ownership of the
property.

Property may be seized if it is used or intended to be used to commit a

felony or misdemeanor offense listed in CCP art. 59.01(2), including any
 HB 2315
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first- or second-degree felony in the Penal Code and any felony in the
Texas Controlled Substances Act.

Transportation Code sec. 545.420 makes racing on a highway a crime,

with penalties ranging from misdemeanors to felonies, depending on the
circumstances, with the lowest level offense being a class B misdemeanor
(up to 180 days in jail and/or a maximum fine of $2,000). It is a class A
misdemeanor (up to one year in jail and/or a maximum fine of $4,000) if
an individual has previously been convicted one time of an offense under
that section or if at the time of the offense the individual was operating the
vehicle while intoxicated or possessed an open container of alcohol.

Offenses are state-jail felonies (180 days to two years in a state jail and an
optional fine of up to $10,000) for a third offense; third-degree felonies
(two to 10 years in prison and an optional fine of up to $10,000) if an
individual suffered bodily injury as a result of the offense; and second-
degree felonies (two to 20 years in prison and an optional fine of up to
$10,000) if an individual suffered serious bodily injury or death.

Some have suggested that additional tools are needed to address illegal
street racing.

DIGEST: CSHB 2315 would make property used or intended to be used in the
commission of the offense of racing on a highway contraband that could
be seized and forfeited under Code of Criminal Procedure ch. 59 if the
offense was a class A misdemeanor or a felony.

The bill would take effect September 1, 2021, and would apply to
property or proceeds seized on or after that date.
HOUSE SB 1495 (2nd reading)
RESEARCH Huffman (J. Turner), et al.
ORGANIZATION bill digest 5/25/2021 (CSSB 1495 by K. Bell)

SUBJECT: Increasing penalty for obstructing highway in reckless driving exhibition

COMMITTEE: Criminal Jurisprudence — committee substitute recommended

VOTE: 8 ayes — Collier, K. Bell, Cook, Crockett, Hinojosa, A. Johnson, Murr,

Vasut

0 nays

1 absent — Cason

SENATE VOTE: On final passage, April 28 — 26-5 (Creighton, Hancock, Hughes, Perry,
Springer)

WITNESSES: No public hearing.

BACKGROUND: Under Penal Code sec. 42.03, a person commits an offense if, without
legal privilege or authority, the person intentionally, knowingly, or
recklessly:

 obstructs a highway, street, sidewalk, or certain other area to which

the public has access; or
 disobeys a reasonable request or order to move issued by a person
the actor knows to be or is informed is a peace officer, firefighter,
or person with authority to control the use of the premises.

An offense under this section is a class B misdemeanor (up to 180 days in

jail and/or a maximum fine of $2,000).

Concerns have been raised about the increasing cases of street racing and
street takeovers, which have led to the deaths of participants, spectators,
and the general public. Some seek to address these concerns by enhancing
penalties for obstructing a highway or passageway during a reckless
driving exhibition and creating a penalty for a person who interferes with
an investigation of street racing.
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DIGEST: CSSB 1495 would raise the offense for obstructing a highway or other
passageway under Penal Code sec. 42.03 in certain circumstances.

Such an offense would be a class A misdemeanor (up to one year in jail

and/or a maximum fine of $4,000) if it was shown on the trial of the
offense that the person was operating a motor vehicle while engaging in a
reckless driving exhibition.

The offense would be a state-jail felony (180 days to two years in a state
jail and an optional fine of up to $10,000) if it was shown on the trial of
the offense that the person was operating a motor vehicle while engaging
in a reckless driving exhibition and:

 the person had previously been convicted of the offense;

 at the time of the offense, the person was operating a motor vehicle
while intoxicated; or
 a person suffered bodily injury as a result of the offense.

The bill would define "reckless driving exhibition" as 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:

 breaking the traction of the vehicle's rear tires;

 spinning the vehicle's rear tires continuously by pressing the
accelerator and increasing the engine speed; and
 steering the vehicle in a manner designed to rotate the vehicle.

CSSB 1495 also would make it an offense for a person to use their body, a
car, or a barricade to knowingly impede or otherwise interfere with a
peace officer's investigation of prohibited conduct related to racing on a
highway or a reckless driving exhibition. The offense would be a class B
misdemeanor.

If conduct constituting the above offense also constituted an offense under

any other law, the actor could be prosecuted under this provision, the
other law, or both.
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The bill would take effect September 1, 2021, and apply only to an
offense committee on or after that date.

NOTES: According to the Legislative Budget Board, the bill could result in
additional demands on the correction resources of the counties or the state;
however, the fiscal impact is indeterminate due to a lack of information on
the number of cases to which the bill would apply.