HB 1867

Bill Subjects

Abstract

Changes the name of the offense of negligent homicide to vehicular homicide. Recategorizes the penalty categories for each of the 3 degrees of the offense to the next highest level of severity. Establishes that a person who has been convicted of vehicular homicide in the first degree shall be sentenced without the possibility of suspension of sentence or probation. Prohibits any prosecutor from dismissing a charge of vehicular homicide in the first degree in exchange for a defendant's agreement to a change of plea on a lesser charge, or for any other reason, unless the charge is not supported by probable cause or cannot be proven at trial. For any prosecution of vehicular homicide in the first degree that alleges that the defendant operated the vehicle while having a concentration of alcohol of .08% or more in the defendant's blood or breath, establishes as an affirmative defense that the concentration was the result of the defendant's consumption of alcohol after the defendant stopped operation of the vehicle.