Bill Text: VA SB730 | 2016 | Regular Session | Comm Sub
Bill Title: Driving while texting; involuntary manslaughter, maiming, etc., of another, penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-02-17 - Left in Finance [SB730 Detail]
Download: Virginia-2016-SB730-Comm_Sub.html
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16105021D
Be it enacted by the General Assembly of Virginia: 1. That §19.2-368.2 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding sections numbered 18.2-36.3 and 18.2-51.7 as follows: §18.2-36.3. Involuntary manslaughter; driving while violating §46.2-1078.1; penalties. Any person who, as a result of driving while in violation of §46.2-1078.1 or a similar local ordinance, unintentionally causes the death of another person, and whose conduct was so gross, wanton, and culpable as to show a reckless disregard for human life, 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. §18.2-51.7. Maiming, etc., of another; driving while violating §46.2-1078.1; penalty. Any person who, as a result of driving while in violation of §46.2-1078.1 or a similar local ordinance 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 is guilty of a Class 6 felony. §19.2-368.2. Definitions. For the purpose of this chapter: "Claimant" means the person filing a claim pursuant to this chapter. "Commission" means the Virginia Workers' Compensation Commission. "Crime" means an act committed by any person in the Commonwealth of Virginia which would constitute a crime as defined by the Code of Virginia or at common law. However, no act involving the operation of a motor vehicle which results in injury shall constitute a crime for the purpose of this chapter unless the injuries (i) were intentionally inflicted through the use of such vehicle or (ii) resulted from a violation of §18.2-36.3, 18.2-51.4, 18.2-51.7, or 18.2-266 or from a felony violation of §46.2-894. "Family," when used with reference to a person, means (i) any person related to such person within the third degree of consanguinity or affinity, (ii) any person residing in the same household with such person, or (iii) a spouse. "Sexual abuse" means sexual abuse as defined in subdivision 6 of §18.2-67.10 and acts constituting rape, sodomy, object sexual penetration or sexual battery as defined in Article 7 (§18.2-61 et seq.) of Chapter 4 of Title 18.2. "Victim" means a person who suffers personal physical injury or death as a direct result of a crime including a person who is injured or killed as a result of foreign terrorism or who suffers personal emotional injury as a direct result of being the subject of a violent felony offense as defined in subsection C of §17.1-805, or stalking as described in § 18.2-60.3, or attempted robbery or abduction. 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 665 of the Acts of Assembly of 2015 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. |
