Commission approves errata for eighth‑edition guidelines; discusses implementation questions from Act 18 of 2024

The Commission on Sentencing voted June 11 to approve an errata document for the eighth edition of the sentencing guidelines and discussed how Act 18 of 2024 interacts with the commission’s omnibus enhancement policy.

Senior deputy director Ryan Myers asked the commission to approve a compiled errata document that corrects typographical and similar errors discovered since publication of the eighth edition; a motion to post the errata on the commission website was made and seconded, and the commission approved the errata by voice vote. Myers said the practice of posting errata is consistent with earlier editions and is intended to reduce practitioner confusion.

Myers and other staff then briefed commissioners about Act 18 of 2024, which added a new vehicle code offense prohibiting use of an interactive mobile device while operating a vehicle (referenced in the meeting as section 33 16.1). Act 18 also amended existing homicide‑by‑vehicle and aggravated‑assault‑by‑vehicle sentencing language that references enumerated factors that trigger a sentencing enhancement; staff noted that the new provision (use of an interactive mobile device) was included in that enumeration. Staff told commissioners the omnibus enhancement policy (a standing placeholder rule the commission uses when the General Assembly creates a new enhancement but the guidelines have not been amended) generally adds one offense gravity score point when no bespoke enhancement exists.

Staff asked commissioners to consider whether the new Act 18 factor should be treated as an addition to the existing set of enhancement triggers for homicide and aggravated assault by vehicle (i.e., an item in an existing enhancement list) or whether it should be handled differently. No policy decision was recorded at the June meeting; staff said they would return with specific guidance and programming changes so that the commission’s web application and guidance materials correctly reflect the statute and the omnibus enhancement policy.

Ending: The commission approved the errata for public posting and directed staff to develop implementation guidance and any necessary programming updates related to Act 18 and the omnibus enhancement policy for future consideration.