AB 70

Under current law, a person who causes the death of another by operating or

handling a vehicle while under the influence of an intoxicant, with a detectable

amount of a restricted controlled substance in his or her blood, or with a prohibited

alcohol concentration, is guilty of a felony. If the person has no prior convictions,

operator's license suspensions, or operator's license revocations related to operating

a vehicle while intoxicated, he or she is guilty of a Class D felony and subject to a

maximum fine of $100,000, imprisonment for up to 25 years, or both. If the person

has one or more prior convictions, operator's license suspensions, or operator's

license revocations related to operating a vehicle while intoxicated, he or she is guilty

of a Class C felony and subject to the same maximum fine, imprisonment for up to

40 years, or both.

Under current law, if a person is sentenced to imprisonment for a felony, he or

she is sentenced to serve a portion of his or her sentence incarcerated in prison

(period of confinement) and a portion of his or her sentence under extended

supervision in the community. Current law does not generally require a minimum

period of confinement for a person who is sentenced to imprisonment for a felony.

However, there are exceptions, including some minimum periods of confinement for

persons who are sentenced to imprisonment for committing a seventh or subsequent

offense related to operating a vehicle while intoxicated.

Under this bill, a person who causes the death of another by operating or

handling a vehicle while under the influence of an intoxicant, with a detectable

amount of a restricted controlled substance in his or her blood, or with a prohibited

alcohol concentration, must be sentenced to imprisonment and his or her period of

confinement must be at least ten years. Under the bill, if the decedent was a

passenger in the person's car, a court may sentence the person to less than the

minimum if the court finds that the best interests of the community will be served

and that the public will not be harmed. If the court sentences a person to less than

the minimum, the bill requires the court to put its findings in writing.

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.