Bill Text: VA SB541 | 2018 | Regular Session | Prefiled

---

Bill Title: Involuntary manslaughter; death of a fetus, penalty.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-02-07 - Continued to 2019 in Finance (14-Y 1-N) [SB541 Detail]

Download: Virginia-2018-SB541-Prefiled.html

---

18103173D
SENATE BILL NO. 541 Offered January 10, 2018 Prefiled January 9, 2018 A BILL to amend and reenact §18.2-36.1 of the Code of Virginia, relating to involuntary manslaughter; death of a fetus of another; penalty. ---------- Patron-- Obenshain ---------- Referred to Committee on Education and Health ----------

Be it enacted by the General Assembly of Virginia:

1. That §18.2-36.1 of the Code of Virginia is amended and reenacted as follows:

§18.2-36.1. Certain conduct punishable as involuntary manslaughter.

A. Any person who, as a result of driving under the influence in violation of clause (ii), (iii), or (iv) of §18.2-266 or any local ordinance substantially similar thereto unintentionally causes the death of another person or the fetus of another, shall be is guilty of involuntary manslaughter.

B. If, in addition, the conduct of the defendant was so gross, wanton and culpable as to show a reckless disregard for human life, he shall be is guilty of aggravated involuntary manslaughter, a felony punishable by a term of imprisonment of not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of imprisonment.

C. The provisions of this section shall not preclude prosecution under any other homicide statute. This section shall not preclude any other revocation or suspension required by law. The driver's license of any person convicted under this section shall be revoked pursuant to subsection B of §46.2-391.

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 836 of the Acts of Assembly of 2017 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.