HB96: Reckless driving; causing death while driving with suspended license, guilty of Class 6 felony.


HOUSE BILL NO. 96
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee for Courts of Justice
on February 3, 2014)
(Patron Prior to Substitute--Delegate Head)
A BILL to amend and reenact § 46.2-868 of the Code of Virginia, relating to driving recklessly with a suspended or revoked license; causing death of another person; penalty.

Be it enacted by the General Assembly of Virginia:

1. That § 46.2-868 of the Code of Virginia is amended and reenacted as follows:

§ 46.2-868. Reckless driving; penalties.

A. Every person convicted of reckless driving under the provisions of this article is guilty of a Class 1 misdemeanor.

B. Every person convicted of reckless driving under the provisions of this article who, when he committed the offense, (i) was driving without a valid operator's license due to a suspension or revocation for a moving violation and, (ii) as the sole and proximate result of his reckless driving, caused the death of another, is guilty of a Class 6 felony.

C. The punishment for every person convicted of reckless driving under the provisions of this article who, when he committed the offense, was in violation of § 46.2-1078.1 shall include a mandatory minimum fine of $250.

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 cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 806 of the Acts of Assembly of 2013 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.

HOUSE BILL NO. 96

Offered January 8, 2014
Prefiled December 13, 2013
A BILL to amend the Code of Virginia by adding a section numbered 18.2-36.3, relating to driving recklessly with a suspended or revoked license; causing death of another person; penalty.
Patron-- Head
Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 18.2-36.3 as follows:

§ 18.2-36.3. Driving with suspended or revoked license; causing death of another; penalty.

A. Any person who (i) knows, after having received notice, that his privilege to drive in the Commonwealth is suspended or revoked; (ii) drives a motor vehicle in a reckless manner; and (iii) causes an accident that results in the death of another person is guilty of a Class 6 felony.

B. The provisions of this section shall not preclude the applicability of any other provision of criminal law of the Commonwealth that may apply to any course of conduct that violates 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 cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 806 of the Acts of Assembly of 2013 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.