AB 895

Under current law, whoever recklessly causes the death of another person is

guilty of a Class D felony, and whoever recklessly endangers another person's safety

is guilty of a Class G felony. For the purpose of these crimes, “recklessly” means that

the actor creates an unreasonable and substantial risk of death or great bodily harm

to another person, and that the actor is aware of that risk.

Under this bill, a person who recklessly endangers the safety of a person who

is incapacitated by alcohol or another drug is guilty of a Class G felony, if the reckless

endangerment of safety results in death. For the purposes of this crime created

under the bill, “recklessly” is defined as conduct that creates a situation of

unreasonable risk of harm and demonstrates a conscious disregard for the safety of

the person who is incapacitated by alcohol or another drug.

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.