## THEA NE-Y ENERAL

Hon. Homer Garrison, Jr., Director Texas Department of Public Safety Austin, Texas OpinionNo.V-1390

Re: Applicability of the statutory automatic driver's license suspension to a person involved in~an accident with an attended vehiclebut involvingno personal Injuryand who leaves the scene of the Dear Sir: accidentwithout stopping.

In your recent request ou ask whether Section 24(a)4 of Article 6687b,V.C.S., f automatic suspensionof driver's license)applies to one convictedunder Sections 39 and 40 of Article 6701d,V.C.S., (failureto stop when in an accidentwhere there Is no personal injury)as well
as to one convictedunder Sections 38 and 40 of Article 6701d,V.C.S., (failureto stopwhen In an accident involving personal Injury).

Section 24(a)4, Article 6687b, reads:
"(a) The license of any person shallbe automatically suspendedupon final conviction of any of the following offenses:
II

. . . "4

. A conviction of a driver of a motor vehicle Involved in an accident or collision upon a charge of failure to stop, render aid, and disclosehis identityat the scene of said accident or collision." (Emphasisadded throughout this opinion.)
Section 38 of Article 6701d provides:
"(a) The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop such vehicleHon. Homer Garrison, Jr., page 2 (V-1390)

at the scene of such accident or as close thereto as possiblebut shall then forthwith return to and in every event shall remain at the scene of the accidentuntil he has fulfilled the requirements of Section 40. Every such stop shallbe made without obstructing trafficmore than is necessary. "(b) Any person failing to stop or to comply with said requirementsunder such circumstances shallupon conviction be punishedby imnrlsonment In the nenitentiarg not to exceed five (5)years or in jailnot exceeding one (1)year or by fine not exceedingFive Thousand ($5,000.00)Dollars, or by both such fine and imprisonment."
Section 39 ofArticle 6701d provides:

"Thedriver of any vehicle involved in
an accident resulting onlr in damaRe to a vehiclewhich is driven or attendedbv anv person shall immediatelystop such vehlcli at the scene of such accident or as close thereto as possiblebut shall forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of Sectlon 40. Every such stop shallbe made without obstructing trafficmore than is necessary. Any person failing to stop or to comply with said requirements under such circumstances shallbe guilty of a misdemeanor."
Section 40 of Article 670ld says:
"Thedriver of any vehicle Involved In an accident resulting in injury to or death of any person or damaRe to any vehiclewhich Is driven or attendedby any person shall give his name, address, and the registration number of the vehiclehe is driving and shall upon request and if available exhibithis operator's, commercial operator's, or chauffeur's license to the person struck or the driver or occupant of or person attending any vehicle collided with and shall render to any person injured in such accident reasonableassistance, Includingthe carrying, orthe making of arrangements for theHon. Homer Garrison, Jr., page 3 (V-1390)

carrying, of such person to a physician3 surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment Q! necessary or if such carrying is requestedby the injuredperson.

In order to fully understand Section 24(a)4 ofArticle 668713, we must look to itshistory and that of the related act, Article 67Old, Sections 38, 39 and 40. This latter act repealedArticle 1150,V.P.C., which made punishable the offense of failure to stop, render aid, and disclose the driver's identity. Atty. Gen. Op.V-700 (1948). Article 66@b was passed in 1941 and prescribedan automatic additionalpenalty for a person violatingArticle 1150,V.P.C. 'Article 1150was enacted In 1917 and provides:

'vheneveran automobile,motorcycle
or othermotor vehiclewhatsoever, regardless of the power by which the same may be propelled, or drawn, strikes any person or collideswith any vehicle containinga person, the driver of, and all persons In control of such automobile,motor vehicle or other vehicle shall stop and shall render to the person struck or to the occupants of the vehicle collided with all necessary assistance Includingthe carrying of such person or occupants to a physician or surgeon for medical or surgical treatment, if such treatmentbe required, or if such carrying is requestedby the person struck or any occupant of the vehicle collided with; and such driver and person having or assuming authority of such driver shall further give to the occupant of such vehicle or person struck, if requestedat the time of such striking or collision or immediatelythereafter, the number of such automobile,motorcycle or motor vehicle, also the name of the owner thereof and his address, the names of the passenger or passengersnot exceeding five in each automobile or other vehicle, together with the address of each one thereof. Any person violatingany provlslon of this article Is punishableby imprisonment in the penitentiarynot to exceed five years or in jailnot exceeding one year or by fine notHon. Homer Garrison, Jr., page 4 (V-1390)

exceeding five thousand dollars or by both such fine and imprisonment."
,Under Article 1150, In the event a driverwas involved in a collision,he was required to:

ii 2' Stop his vehicle Render necessaryaid 3 Give informationas to his Identity.

The violation of any of these requirementswas denouncedas a crime. The fact that no one was inj,ured in the accident did not alter the requirement imposedupon the driver and persons in control to stop or else be in violation of Article 1150. It was so stated in Morgan
v. State, 145 Tex. Grim. 276, 167 S.W.2d 765 (1943),the -- Court saying:

"Thegist of the herein charged offense Is a failure to stop after having struck something or some one with an automobile,and we have heretofore said inMoore v. State, 140 Tex. Cr. R. 482, 145 S.W.2d 887, 888, that IInthe first place it was appellant's duty to stop,wardless of whether or not anyone was inured iTFtr%-' see Garcia v. State, 131 Tex.Cr.

9 S.W.2d 977; Bevil v. State B39 Tex. Cr. R: 5137, 141 S.W.2d 362, 363.1

. a * .'I

It was thisAct to which Section 24(a)4 of Article 6687b applied. In 1947,when Sections 38, 39 and 40 ofArticle 6701d were passed, Section 38 in conjunction with Section 40 maintained the same general scope of Artlcle 1150,whereas Section 39 in conjunctionwith Section 40 carved out a smaller offense from one of the situations originally embraced inArticle 1150. TheseArticles made two classificationsof drivers Involved in accidents. Section 38 in conjunctionwith Section 40 applies to drivers in collisions involving ersonal injury. Section 39 in conjunctionwith Section Et- 0 applies to drivers involved in collisionswhere only nronerts damane results therefrom.

It is illogicalto presume that the Legislature would create a misdemeanor offense, finable only, from $1.00 to $200.00, from the general condition originally set out as a felony and intend for Section 24(a)4 of Article 6687b, to apply thereto now,withoutmaking specific reference to such fact. It wil! be noted that only Sections 38 and 40 ofArticle 670ld constitute the felony offense which was originallyencompassed inArticle 1150.\

..

Eon. Homer Garrison, Jr., page 5~(V-1390)

Nowhere is of Article 670ld. it specifically stated that Section 24(a)4

6687b shall apply to Section 39, Article

Although the rule of'strict construction of penal statuteshas been re!axed somewhat inTexas,still it Is not proper to extend the penal statute to embrace acts or conduct not clearly includedwithin the prohibition of the statute.

Section 39 ofArticle 6701d applies to accidents In which there is no personal Injury Involved..Mb aid, as mentioned InArticle 6687b, could be logically rendered to the injuredas set out In Section 40 ofArticle 670ld, for no aid is required. Aptdescriptive word8 for the offense set out in Sections 39 and 40 could be failure to ston and give ldentlflcatlonIn an accident Involving only property damage. The descriptivewords set out in Section 24, Subdivision 4 of Article 6687b
are failure to stop, render aid and give identification. These latterwords ap 38 and 40 ofArticle %ly more appropriately to Sections 701d where personal injury is a requisite to the offense.

A conviction for any of the five offensesunder Section 24 of Article 6687b results in an automatic suspension of driver's license. All five of these offenses
can carry a jellor prison sentence. If Subdivision 4
were to apply to Sections 39 and 40 ofArticle 670ld, it would be the only offense in the group which did not oarry a potential jail or prison sentence. We feel that the Legislaturenever intended to automatically suspend one's driver's license for a single violationwhich Is not considered severe enough to carry a possible jailor prison sentence. This is well indicatedby the grouping of offenses in Section 24 ofArtlole 66%7b, and would tend to show the legislative Intent to apply Subdivision 4 to Section 38 and Section 40 of Article 6701d u.

SUMMARY
Section 24, Subdivision 4 of Article 6687b (automaticsuspension of driver's llcerise)

does not apply to a person convicted under Sections 39 and 40 ofArticle 670ld‘,

Hon. Homer Garrison, Jr., pkge6 (V-1390)

(failureto stop when involved ir. an accidentwith an attended vehiclewhere there isno personal Injury),which **is** a misdemeanor offense.

APPROVED:
Red McDaniel State Affairs Division Yours very truly,

PRICE DANIEL Attorney General

E. Jacobson ReviewingAssistant BY Charles D. Mathews Milton Richardson FirstAbsistant Assistant
MR/jmc/rt