Subcommittee approves amendment to create felony reckless driving and stiffen vehicular homicide penalties

The Senate Judiciary subcommittee voted unanimously to report S.208, as amended, to the full Judiciary Committee. The amendment adds definitions and aggravating factors to guide prosecutions for reckless driving that results in moderate or great bodily injury.

Under the amendment approved by the subcommittee, reckless vehicular homicide penalties would increase to a fine between $5,000 and $15,000 and up to 15 years in prison, and a new felony reckless-driving offense would cover reckless driving that causes great bodily injury. The amendment cross-references existing definitions of “moderate bodily injury” and “great bodily injury” in section 16-3-600 and lists nonexclusive aggravating factors a jury may consider, including a history of traffic offenses, racing, and driving 25 mph or more over the posted speed limit.

Senator Kimbrell, who presented the amendment, said the change is intended to align definitions across bills and existing code sections and to provide jurors and prosecutors with clear guidance. “We wanted to largely conform with some of the same definitional language in Senate 52,” Kimbrell said, noting the amendment borrowed aspects of statutes used in other states.

Prosecution witnesses told the committee the amendment supplies helpful guidance without removing the fact-finding role of juries. Stan Overby, testifying in favor, said the listed factors are “pretty standard” and serve as nonexclusive guidance for fact-finders.

The subcommittee adopted the amendment and voted to report S.208 favorably to the full committee by voice vote. The chair announced the bill will be considered further in the full Judiciary Committee.