Reckless homicide of a child by a parent or caregiver and providing a penalty

What it would have done

Summary by the Legislative Reference Bureau, the Legislature's nonpartisan drafting office. It's their wording, not ours.

Under current law, if an individual is convicted of a crime, the court has discretion in determining the length of any sentence that it imposes and, if the person is sentenced to prison, how much of the sentence is to be served in prison (the term of confinement) and how much is to be served in the community (the term of extended supervision). The court's discretion, however, is limited by statutes that set maximum penalties for crimes. For instance, for the crime of first-degree reckless homicide, the maximum term of confinement is either 40 years, for causing a death under circumstances that show utter disregard for human life, or 25 years, for causing a death by manufacturing, distributing, delivering, or administering a controlled substance and, for the crime of second-degree reckless homicide, the maximum term of confinement is 15 years.

Under this bill, an individual who is convicted of first-degree or second-degree reckless homicide is subject to a penalty enhancer if the victim of the reckless homicide is a child who is not older than five years of age and the convicted individual is a parent or caregiver of that child. The penalty enhancer varies based on the age of the victim: if the victim is under the age of one year, the maximum term of confinement is increased by 20 years; if the victim is at least one year old but younger than three years old, the maximum term of confinement is increased by ten years;

Who's behind it

6 lawmakers are its authors⁠. 1 is a Democrat. 5 have no party on record.

What it would cost

State agencies filed a cost estimate. Each opens as a PDF from the Legislature.

• Fiscal Estimate From DA
• Fiscal Estimate From DOC
• Fiscal Estimate From DOJ
• Fiscal Estimate From SPD