Relating to the offense of driving while license invalid.
Impact
The revisions made by HB 1567 could significantly alter how offenses related to driving with an invalid license are prosecuted in Texas. By allowing for an affirmative defense, the bill provides a mechanism for individuals to contest charges if they can prove they were unaware of their license status due to lack of notification. This change aims to protect individuals from potential penalties when they were not properly informed about their license status, thereby enhancing their ability to defend themselves legally.
Summary
House Bill 1567 focuses on the offense of driving while having an invalid license, amending several sections of the Transportation Code. One notable change is the establishment of certain affirmative defenses against prosecution for individuals who can demonstrate that they did not receive actual notice of a cancellation, suspension, or revocation of their license. This reflects an emphasis on ensuring that individuals have an adequate opportunity to respond to such notifications before being prosecuted for driving with an invalid license.
Contention
Notable points of contention surrounding HB 1567 may arise from its adjustments to penalties associated with driving while license invalid. The bill designates a Class C misdemeanor for most offenses under this section, with the possibility of elevating to a Class B misdemeanor under specific circumstances. This differentiation in classification depending on prior offenses or the context of the violation may be debated, especially among those concerned about the implications for individuals facing charges for similar driving offenses.
Relating to the suspension of the driver's license of a person arrested for an offense involving the operation of a motor vehicle while intoxicated or under the influence of alcohol.
Relating to prohibiting the suspension of a person's driver's license or extension of the period of a driver's license suspension for certain driving while license invalid convictions; authorizing a fee.
Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.
Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.
Relating to prohibiting the carrying of a firearm by a member of a criminal street gang while engaged in certain criminal activity; creating a criminal offense; changing the eligibility for community supervision.
Relating to prohibiting the carrying of a handgun by a member of a criminal street gang while engaged in criminal activity; creating a criminal offense; changing the eligibility for community supervision.