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SPONSOR: |
Thompson |
DATE TYPED: |
02/07/02 |
HB |
500 |
||
SHORT TITLE: |
Penalty for Homicide by Motor Vehicle |
SB |
|
||||
|
ANALYST: |
Gilbert |
|||||
APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
FY02 |
FY03 |
FY02 |
FY03 |
|
|
|
|
|
$ 0.1 * See Narrative |
Recurring |
General
Fund |
(Parenthesis
( ) Indicate Expenditure Decreases)
LFC Files
Response Received
Administrative Office of the Courts (AOC)
Attorney General’s Office (AGO)
SUMMARY
Synopsis
of Bill
House Bill 500
increases the penalty from third-degree to second-degree felony
for (1) committing vehicular homicide or great bodily injury
while driving intoxicated and for (2) committing vehicular homicide or great
bodily injury while evading an officer.
This bill also includes clarification language pertaining to sentencing
of multiple DWI offenders convicted of vehicular homicide.
Significant
Issues
The penalty for homicide by vehicle resulting in
the death of a human being would be raised to a basic sentence of fifteen years
as a second-degree felony. The penalty
for great bodily injury by vehicle would be raised to a basic sentence of nine
years as a second-degree felony.
FISCAL IMPLICATIONS
Longer sentencing periods could increase the
incarcerated population, thus negatively impact the general fund. However,
increased penalties could act as a deterrent, thus reducing said population.
According to the
Administrative Office of the Courts (AOC), the fiscal implications on the
judiciary will parallel the level of litigation generated or, alternatively,
avoided by this change in sentencing.
TECHNICAL ISSUES
To reduce possible ambiguity, the Attorney
General’s Office (AGO) recommends that on line 4, page 2 of this bill that
language be inserted that specifies “second degree felony resulting in the
death of a human being.”
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