House of
Representatives
HB 2208
motor vehicle accidents; unlawful operations
Sponsor: Representative Biggs
HB 2208 states that a driver is guilty of “causing death by use of a vehicle” 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 “causing death by use of a vehicle” as a class 4 felony and “causing serious physical injury by use of a vehicle” 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 “causing death by use of a vehicle” or “causing serious physical injury by use of a vehicle” 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.
- Increases the civil violation for causing death or serious injury to a class 3 misdemeanor, provided the violator’s driving privilege’s were valid at the time of the offense.
- Allows for the collection of up to $10,000 in restitution in such cases.
- Requires the misdemeanor charge to be dismissed if the person suffering personal injury acknowledges receipt of satisfaction prior to trial or court action. The court must note the satisfaction in the court record, which serves as a bar to prosecution for the same offense.
- Establishes “causing death by use of a vehicle” as a class 4 felony.
- Establishes “causing serious physical injury by use of a vehicle” as a class 5 felony.
- Provides a delayed effective date of December 12, 2011.
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Forty-seventh Legislature
Second Regular Session 2 June 7, 2006
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