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

SPONSOR:	Cravens		DATE TYPED:	01/24/02		HB
SHORT TITLE:		Homicide by Vehicle Penalties				SB	134
					ANALYST:		Wilson

APPROPRIATION

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY02

FY03

FY02

FY03

$0.1

See Narrative

Recurring

General Fund

SOURCES OF INFORMATION

State Highway and Transportation Department (SHTD)

Administrative Office of the Courts (AOC)

Administrative Office of the District Attorneys (ADA)

SUMMARY

Synopsis of Bill

SB 134 changes a conviction from a third degree felony to a second degree felony for any person who commits homicide by vehicle or great bodily injury while under the influence of intoxicating liquor or while under the influence of any drug or while driving recklessly.

Significant Issues

The basic sentence for a non-capital third degree felony is three years imprisonment or six years imprisonment if resulting in the death of a human being. SB 134 increases the basic sentence for a

second-degree felony to nine years imprisonment or fifteen years imprisonment if resulting in the death of a human being

FISCAL IMPLICATIONS

The AOC notes that increased penalties could have the potential to increase jury trials, thus requiring more resources to handle these cases. Further, any additional fiscal impact on the Judiciary

would be proportional to the enforcement of this law and commenced prosecutions. New laws, amendments to existing laws, and new hearings have the potential to increase caseloads in the courts, thus requiring additional resources to handle the increase.

The ADA notes that a second degree felony carries a basic fine of $10,000 whereas a third degree felony is a $5,000 fine. Assuming the same number of convictions for vehicular homicide in any given year, SB 134 would bring in additional revenue for the state.

ADMINISTRATIVE IMPLICATIONS

There will be a minimal administrative cost for statewide update, distribution, and documentation of statutory changes for the courts.

DW/ar