Bill Text: VA SB293 | 2014 | Regular Session | Comm Sub
Bill Title: Reckless driving; causing death or injury of certain persons, Class 5 felony.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-02-26 - Continued to 2015 in Courts of Justice by voice vote [SB293 Detail]
Download: Virginia-2014-SB293-Comm_Sub.html
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14104472D
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. |
