Posted: | November 22, 2013 10:46 AM |
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From: | Representative Marguerite Quinn |
To: | All House members |
Subject: | Homicide by Vehicle and Aggravated Assault by Vehicle involving Racing on Highways |
Last year, a terrible tragedy occurred in my district when a 9 year old girl was killed and her grandmother seriously injured by an individual who was drag racing against another car and reached speeds of 135 mph before losing control. Though the defendant was charged and convicted of violating Section 3732 of the Vehicle Code (Homicide by Vehicle) and Section 3732.1, Aggravated Assault by vehicle (both of which are felonies of the third degree), the fact that he was racing at such an incredibly high rate of speed, in total disregard to innocent people on the road made no difference in the potential penalty. He would have faced the same had he run a red light by permitting himself to become distracted. Though the law adds additional penalties if the accident occurred in a work zone, emergency zone or involved a failure to yield to an emergency vehicle, it doesn’t differentiate when this kind of particularly egregious conduct is involved. I plan to introduce legislation shortly that would permit the court to increase the maximum sentence by 5 years if a death results and 2 years if bodily injury results from a violation of Section 3732 or 3732.1 where the conduct involves a violation of Section 3367, Racing on Highways. This enhancement parallels the sentence enhancement that applies if the offense occurs in a work zone, emergency zone violations or involves a an operator’s duty to yield to an emergency vehicle. I invite you to join me in cosponsoring this important piece of legislation. |
Introduced as HB1875