Bicycle Austin forum

MichaelBluejay

Webmaster

From: Austin, TX

Registered: 2008-05-26

Posts: 1,466

Website

New, tougher laws for hit-and-run in Texas

In September, the penalty in Texas for serious hit-and-run was raised to the same level as intoxication manslaughter: 2 to 20 years in prison and a fine of up to $10,000.  This is supposed to close the loophole that gave drunk drivers an incentive to flee, since the penalty for hit-and-run was less than it was for intoxication manslaughter.

In theory.  I doubt very many people knew the relative levels of the various penalties, and a drunk driver who just killed somebody isn't the best person to suddenly start evaluating their options logically and rationally.  But in any event, at least there's a tougher penalty for hit-and-run.

The Transportation Code on the Texas government's website doesn't show the new amendment.  I wonder when, if ever, they'll update it.

http://austin.twcnews.com/content/news/ … un-drivers
http://www.dallasnews.com/news/metro/20 … sunday.ece
http://www.texastribune.org/2013/08/09/ … runs-rise/

dougmc

Administrator

Registered: 2008-06-01

Posts: 631

Re: New, tougher laws for hit-and-run in Texas

Perhaps even more significant than the increase in the penalty for failure to stop and render aid, but certainly not given anywhere near the amount of press, was HB3668.  This bill also passed and is in effect now, and it changes the law (italics = new text, strikeout = removed text) --

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

           SECTION 1.  Section 550.021(a), Transportation Code, is amended to read as follows:

           (a)  The operator of a vehicle involved in an accident that results or is reasonably likely to result [resulting] in injury to or death of a person shall:
                 (1)  immediately stop the vehicle at the scene of the accident or as close to the scene as possible;
                 (2)  immediately return to the scene of the accident if the vehicle is not stopped at the scene of the accident; [and]
                 (3)  immediately determine whether a person is involved in the accident, and if a person is involved in the accident, whether that person requires aid; and
                 (4)  remain at the scene of the accident until the operator complies with the requirements of Section 550.023.

... basically, this should put an end to the "I thought I hit a deer" defense.  If there's a big thump, the law now explicitly requires them to make sure it wasn't a human being hit.

Personally, I think this change in the wording is a bigger deal than the change in the penalty, as it should lead to more convictions and fewer acquittals.

MichaelBluejay

Webmaster

From: Austin, TX

Registered: 2008-05-26

Posts: 1,466

Website

Re: New, tougher laws for hit-and-run in Texas

Yes, you're absolutely right.  I originally planned to post about the law two months ago but didn't get around to it, and by the time I posted about it today, I'd forgotten about the bit requiring drivers to stop and find out just what the hell they actually hit.  My memory is failing a lot lately; I wonder how long it's going to be before I'm non-functional...