| 1 | 1 | | By: Wentworth S.B. No. 1389 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the penalty for the offense of reckless driving. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 545.401, Transportation Code, is amended |
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| 9 | 9 | | by amending Subsection (b) and adding Subsections (e), (f), (g), |
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| 10 | 10 | | and (h) to read as follows: |
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| 11 | 11 | | (b) Except as provided by Subsection (e), an [An] offense |
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| 12 | 12 | | under this section is a misdemeanor punishable by: |
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| 13 | 13 | | (1) a fine not to exceed $200; |
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| 14 | 14 | | (2) confinement in county jail for not more than 30 |
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| 15 | 15 | | days; or |
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| 16 | 16 | | (3) both the fine and the confinement. |
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| 17 | 17 | | (e) If an offense under this section results in the serious |
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| 18 | 18 | | bodily injury or death of an operator or passenger of another motor |
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| 19 | 19 | | vehicle, the offense is a Class B misdemeanor. |
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| 20 | 20 | | (f) The court may: |
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| 21 | 21 | | (1) order that the driver's license of a person |
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| 22 | 22 | | convicted of an offense under Subsection (e) be suspended for not |
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| 23 | 23 | | less than 30 days beginning on the date of conviction; and |
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| 24 | 24 | | (2) require the person to attend and present proof |
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| 25 | 25 | | that the person successfully completed a driving safety course |
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| 26 | 26 | | approved under Chapter 1001, Education Code, before the person's |
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| 27 | 27 | | driver's license may be reinstated. |
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| 28 | 28 | | (g) A judge, acting under Article 42.12, Code of Criminal |
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| 29 | 29 | | Procedure, who elects to place a defendant on community supervision |
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| 30 | 30 | | under that article may require the defendant to attend and present |
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| 31 | 31 | | proof that the defendant successfully completed a driving safety |
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| 32 | 32 | | course approved under Chapter 1001, Education Code. |
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| 33 | 33 | | (h) A person who is subject to prosecution under both this |
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| 34 | 34 | | section and another section of this or any other code may be |
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| 35 | 35 | | prosecuted under either or both sections. |
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| 36 | 36 | | SECTION 2. The change in law made by this Act applies only |
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| 37 | 37 | | to an offense committed on or after the effective date of this Act. |
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| 38 | 38 | | An offense committed before the effective date of this Act is |
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| 39 | 39 | | covered by the law in effect when the offense was committed, and the |
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| 40 | 40 | | former law is continued in effect for that purpose. For purposes of |
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| 41 | 41 | | this section, an offense was committed before the effective date of |
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| 42 | 42 | | this Act if any element of the offense was committed before that |
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| 43 | 43 | | date. |
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| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2009. |
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