SB293: Reckless driving; causing death or injury of certain persons, Class 5 felony.


SENATE BILL NO. 293
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee for Courts of Justice
on January 27, 2014)
(Patron Prior to Substitute--Senator Puckett)
A BILL to amend the Code of Virginia by adding a section numbered 46.2-867.1, relating to reckless driving resulting in death or injury to certain persons; penalties.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 46.2-867.1 as follows:

§ 46.2-867.1. Reckless driving resulting in death or injury to certain workers; penalties.

A. As used in this section:

"Emergency medical services personnel" means the same as that term is defined in § 32.1-111.1.

"Firefighter" means the same as that term is defined in § 9.1-300 and includes any member of a volunteer fire department.

"Government employee or contractor" means (i) an employee of the Department of Transportation, (ii) a contractor or employee of a contractor while working under contract with the Department of Transportation, (iii) an employee of a county, city, or town, (iv) a contractor or employee of a contractor while working under contract with a county, city, or town, or (v) employees of the Department of Motor Vehicles appointed or designated as size and weight compliance agents pursuant to § 46.2-217, when such "government employee or contractor" is someone who (a) performs maintenance, repair, or construction of interstate, state highway, or local street or road infrastructures and associated rights-of-way on interstate, highway, or local street or road work zones, (b) operates equipment on interstate, state highway, or local street or road infrastructures and associated rights-of-way on interstates, highways, or local street or road work zones, or (c) performs maintenance work on interstates, state highways, or local street or road work zones.

"Law-enforcement officer" means the same as that term is defined in § 9.1-101.

"Worker" means any emergency medical services personnel, firefighter, government employee or contractor, or law-enforcement officer as defined in this subsection.

B. Any person who violates any misdemeanor provision of this article or violates § 46.2-921.1 and as a direct and proximate cause strikes a worker who was not in a vehicle, was on a public roadway or work zone, and was engaged in his official duties and thereby causes the death or permanent and significant physical impairment of such worker is guilty of a Class 5 felony, and such person shall be ordered to pay a mandatory minimum fine of $2,500.

C. For any person convicted under this section, the court shall suspend the privilege to operate a motor vehicle for one year. In addition, the court may impose a civil penalty of up to $10,000 and the proceeds shall be deposited into the general fund.

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.

SENATE BILL NO. 293

Offered January 8, 2014
Prefiled January 6, 2014
A BILL to amend the Code of Virginia by adding a section numbered 46.2-867.1, relating to reckless driving resulting in death or injury to certain persons; penalties.
Patron-- Puckett

Referred to Committee on Transportation

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 46.2-867.1 as follows:

§ 46.2-867.1. Reckless driving resulting in death or injury to emergency medical services personnel, firefighter, highway worker, or law-enforcement officer; penalties.

A. As used in this section:

"Emergency medical services personnel" means the same as that term is defined in § 32.1-111.1.

"Firefighter" means the same as that term is defined in § 9.1-300 and includes any member of a volunteer fire department.

"Government employee or contractor" means (i) an employee of the Virginia Department of Transportation, (ii) a contractor or employee of a contractor while working under contract with the Virginia Department of Transportation, (iii) an employee of a county, city, or town, or (iv) a contractor or employee of a contractor while working under contract with a county, city, or town, who (a) performs maintenance, repair, or construction of interstate, state highway, or local street or road infrastructures and associated rights-of-way on interstate, highway, or local street or road work zones, (b) operates equipment on interstate, state highway, or local street or road infrastructures and associated rights-of-way on interstates, highways, or local street or road work zones, or (c) performs maintenance work on interstates, state highways, or local street or road work zones.

"Law-enforcement officer" means the same as that term is defined in § 9.1-101.

"Worker" means any emergency medical services personnel, firefighter, government employee or contractor, or law-enforcement officer as defined in this subsection.

B. Any person who is convicted of any misdemeanor provision of this article where such violation is the direct and proximate cause of the death or serious physical injury to a worker who was engaged in his official duties at the time of the violation is guilty of a Class 6 felony, and such person shall be ordered to pay a mandatory minimum fine of $2,500.

C. For any person convicted under this section, the court shall suspend the privilege to operate a motor vehicle for one year. In addition, the court may impose a civil penalty of up to $10,000 and the proceeds shall be deposited into the general fund.

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.