SB 22

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;

and if the victim is at least three years old but not older than five years old, the

maximum term of confinement is increased by five years.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to

result if the bill is enacted.