House of Representatives

HB 2208

license plate design

(NOW: motor vehicle accidents; unlawful operations)

Sponsors: Representative Biggs

DPA S/E	Committee on Transportation
DPA	Caucus and COW
X	As Engrossed and As Passed the House

HB 2208 states that a driver is guilty of vehicular homicide if the driver causes death to another person and the driver commits a violation of statutes relating to red lights, stop signs and crosswalks while the driver’s license is revoked, suspended under specific circumstances, or was obtained falsely. In addition, HB 2208 establishes vehicular homicide as a class 4 felony and vehicular assault as a class 5 felony.

History

Current statute prescribes an enhanced civil penalty if a person is found responsible for violating statutes relating to red lights, stop signs and crosswalks and causes death or serious physical injury to another person, but no other aggravating factors are present.

Provisions

• States that a person is guilty of vehicular homicide or vehicular assault if the person causes death or serious physical injury to another and  all of the following apply:

1. The person is not permitted to operate a motor vehicle because the person’s license is revoked, suspended for driving under the influence, implied consent, a prior conviction of driving on a suspended license or suspended for points imposed by the Department.
2. The driver commits a violation of statutes relating to red lights, stop signs and crosswalks.
3. The person does one of the following to obtain the license:

a. Knowingly uses a false or fictitious name.

b. Knowingly makes a false statement.

c. Knowingly conceals a material fact.

d. Commits fraud.

e. Commits perjury to obtain a driver’s license.

• Establishes vehicular homicide as a class 4 felony.   

• Establishes vehicular assault as a class 5 felony.

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Forty-seventh Legislature

Second Regular Session        2          March 6, 2006

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