Texas House Bill HB4106

Texas 2019 - 86th Regular

Caption

Relating to the prosecution and punishment of the offense of intoxication assault.

Impact

The legislative amendments led by HB4106 are designed to create clearer guidelines around the prosecution of intoxication assault. Notably, it differentiates between bodily injury and serious bodily injury, with serious bodily injury being defined as a condition that creates a significant risk of death or causes serious permanent disfigurement. This clarification can significantly impact how such cases are charged, potentially leading to higher sentences for offenders who cause serious injuries versus those causing less severe injuries thanks to the bill's definitions.

Summary

House Bill 4106 addresses the prosecution and punishment of the offense of intoxication assault in the state of Texas. The bill amends Section 49.07 of the Penal Code, specifying the circumstances under which a person commits intoxication assault. These circumstances include cases where a person, while operating an aircraft, watercraft, amusement ride, or motor vehicle in a public place while intoxicated, causes bodily injury or serious bodily injury to another person. The bill also clarifies that assembling a mobile amusement ride while intoxicated, leading to an injury, falls under this definition as well.

Contention

Debate around HB4106 is likely to arise from concerns regarding criminal penalties, especially as the bill designates specific felonies for offenses outlined within its text. Proponents argue that the amendments aim to protect public safety and hold accountable individuals who recklessly endanger others while intoxicated. Critics might raise concerns about the implications for those prosecuted under the new definitions, arguing that the enhancement of penalties could disproportionately impact certain groups, thereby intensifying discussions on how intoxication-related offenses should be legislatively handled.