Texas 2023 - 88th Regular

Texas House Bill HB1442

Filed
1/18/23  
Out of House Committee
4/10/23  
Voted on by House
4/21/23  
Out of Senate Committee
5/12/23  
Voted on by Senate
5/15/23  
Governor Action
6/7/23  

Caption

Relating to the prosecution of certain criminal conduct involving a reckless driving exhibition or racing on a highway and to the forfeiture of contraband as a result of a reckless driving exhibition.

Impact

This legislation builds upon earlier statutes, specifically amendments made to Senate Bill 1495 from the previous session, ensuring that police can seize vehicles involved in reckless driving or illegal racing incidents. As a result, it provides law enforcement agencies with better tools to combat street racing and reckless driving, potentially leading to a reduction in such activities on Texas highways. The law will apply to offenses committed on or after its effective date of September 1, 2023, while maintaining legal integrity for actions taken prior to this date.

Summary

House Bill 1442 is designed to strengthen the prosecution of certain criminal conduct associated with reckless driving exhibitions and street racing activities on highways. Specifically, the bill outlines provisions for the forfeiture of vehicles determined to be contraband due to their use in illegal racing or exhibition driving. By clarifying the legal framework surrounding these actions, HB1442 aims to deter such reckless behaviors and enhance law enforcement's ability to address public safety issues related to street racing.

Sentiment

Sentiments surrounding the bill were generally positive among law enforcement and public safety advocates who believe that stricter penalties and clearer definitions of contraband are essential in fighting street racing and ensuring community safety. However, there were also concerns about potential overreach and the implications of vehicle forfeiture on individuals, particularly if they are not directly involved in the reckless conduct, raising ethical questions about asset seizures.

Contention

The main points of contention arose around the implications of asset forfeiture laws, with some opponents arguing that the bill could lead to excessive seizures and infringe upon individual rights. Additionally, there were discussions regarding the balance between necessary law enforcement measures and safeguarding the rights of citizens. While many in law enforcement support the bill for its intended public safety outcomes, some advocates caution against the potential for abuse in the application of forfeiture provisions.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 59. Forfeiture Of Contraband
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section

Penal Code

  • Chapter 42. Disorderly Conduct And Related Offenses
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 71. Organized Crime
    • Section: New Section
    • Section: 02
    • Section: 02
    • Section: 02
  • Chapter 20. Kidnapping, Unlawful Restraint, Andsmuggling Of Persons
    • Section: New Section
    • Section: New Section
  • Chapter 34. Money Laundering
    • Section: New Section

Health And Safety Code

  • Chapter 481. Texas Controlled Substances Act
    • Section: New Section
    • Section: New Section
  • Chapter 483. Dangerous Drugs
    • Section: New Section
    • Section: New Section

Transportation Code

  • Chapter 545. Operation And Movement Of Vehicles
    • Section: 420
    • Section: 420

Companion Bills

TX SB1970

Identical Relating to the prosecution of certain criminal conduct involving a reckless driving exhibition or racing on a highway and to the forfeiture of contraband as a result of a reckless driving exhibition or racing on a highway.

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