HB962: DUI; penalty for maiming shall include a mandatory minimum term of confinement of one year.


HOUSE BILL NO. 962
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee for Courts of Justice
on February 3, 2012)
(Patrons Prior to Substitute--Delegates Bell, Robert B. and Albo [HB 50])
A BILL to amend and reenact § 18.2-51.4 of the Code of Virginia, relating to penalty for DUI maiming.

Be it enacted by the General Assembly of Virginia:

1.  That § 18.2-51.4 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-51.4. Maiming, etc., of another resulting from driving while intoxicated.

A. Any person who, as a result of driving while intoxicated in violation of § 18.2-266 or any local ordinance substantially similar thereto in a manner so gross, wanton and culpable as to show a reckless disregard for human life, unintentionally causes the serious bodily injury of another person resulting in permanent and significant physical impairment shall be is guilty of a Class 6 felony, punishment for which shall include a mandatory minimum term of confinement of three years. The driver's license of any person convicted under this section shall be revoked pursuant to subsection B of § 46.2-391.

B. The provisions of Article 2 (§ 18.2-266 et seq.) of Chapter 7 of Title 18.2 shall apply, mutatis mutandis, upon arrest for a violation of this section.

2.  That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $529,049 for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.

HOUSE BILL NO. 962
Offered January 11, 2012
Prefiled January 11, 2012
A BILL to amend and reenact § 18.2-51.4 of the Code of Virginia, relating to penalty for DUI maiming.
Patron-- Bell, Robert B.
Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1.  That § 18.2-51.4 of the Code of Virginia is amended and reenacted as follows:

§ 18.2-51.4. Maiming, etc., of another resulting from driving while intoxicated.

A. Any person who, as a result of driving while intoxicated in violation of § 18.2-266 or any local ordinance substantially similar thereto in a manner so gross, wanton and culpable as to show a reckless disregard for human life, unintentionally causes the serious bodily injury of another person resulting in permanent and significant physical impairment shall be is guilty of a Class 6 felony, punishment for which shall include a mandatory minimum term of confinement of one year. The driver's license of any person convicted under this section shall be revoked pursuant to subsection B of § 46.2-391.

B. The provisions of Article 2 (§ 18.2-266 et seq.) of Chapter 7 of Title 18.2 shall apply, mutatis mutandis, upon arrest for a violation of this section.

2.  That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $125,797 for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.