McKee Testifies Before State Legislature

Press release

Henderson County District Attorney Scott McKee joined with State Rep. Stuart Spitzer as he presented two bills to the Criminal Jurisprudence Committee recently.

The bill first creates an offense if Penalty Group 1 drugs are used or manufactured in the presence of a child or if the child tests positive for the presence of drugs (HB 1358); the second increases the punishment for an offense involving the operation of a motor vehicle while intoxicated in which the actor causes bodily injury to another (HB 3743).

District Attorney McKee has lobbied to pass these two bills over the past two sessions. According to McKee, he believes both bills are good for Texas.

As it currently stands under Texas law, it is a third degree felony if a person by accident or mistake while operating an aircraft, watercraft, amusement ride or motor vehicle causes serious bodily injury to another by reason of their intoxication. A third degree felony is punishable by 2-10 years in TDC and up to a $10,000 fine. Car accidents often lead to serious injuries. Majority of car accidents are caused by carelessness and unruliness of drivers. Some may also occur due to intoxication or drug-influenced operation of cars. Poorly designed roads and inappropriate traffic signals combined with defective vehicles or tires may also cause accidents. In order to compensate for damages incurred, charging a lawsuit against the negligent driver may be required. Similarly in the case of an accident a person may also be required to defend himself against a lawsuit. Judicial proceedings regarding the same tend to be extremely complicated and lengthy. As such, enlisting the services of a lawyer proves to be important. Laws relating to car accidents tend to be varied and complex.

Albuquerque car accident attorneys dealing exclusively in car accidents have a great deal of knowledge about the various legal aspects, which affect a case of car accident. They are familiar with the proceedings and requirements, which need to be followed while charging or defending a lawsuit. A lot of paperwork and formalities are required to be completed. These may relate to filling up of important forms, dealing with insurance companies and various judicial machineries.

Although this provision of the law allows prosecutors to seek justice for victims that suffer “serious” bodily injury, it does not include victims that suffer “bodily” injury. Under our Penal Code, bodily injury is defined as physical pain, illness, or any impairment of physical condition. Serious bodily injury is defined in the Penal Code as injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

According to McKee, many injuries that a lay person and medical professional would deem as “serious” are not under the legal definition. McKee believes that drunk drivers that cause bodily injuries deserve stiffer penalties.

“Many of these victims can’t work for months after these injuries,” said McKee. “It’s time we close this loophole in the law.”

Spitzer and McKee also believe that there isn’t any reason a child should test positive for a controlled substance unless under the direct care of a licensed medical doctor. HB 1358 would provide a presumption that a child who tests positive for these types of substances has been the victim of abuse or neglect. Currently, only Methamphetamine is included; this bill would expand the law to include other controlled substances.

“I am grateful that our District Attorney is willing to help me promote legislation that will help in Henderson County and throughout the state,” said Spitzer. “These are common sense ideas that need support.”