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F I S C A L   I M P A C T   R E P O R T

 

 

 

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)

 

SOURCES OF INFORMATION

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.”

 

RLG/njw


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