Judiciary committee pauses bill to stiffen penalties and allow restitution in serious hit-and-runs

Senator Sessions asked the Judiciary committee on Friday to increase criminal penalties and permit restitution for drivers who leave the scene of crashes that cause serious injury or death, citing recent fatal cases from his district.

"Our current code almost incentivizes a person in a hit and run to leave the scene of an accident," Sessions said, and described a February 2023 case in Mobile in which John Wesley Holt was struck and killed and the driver pleaded only to leaving the scene. "The family had no avenue or recourse for any type of restitution for this whatsoever," Sessions said.

Katie Langer, who summarized the bill to the committee, said it makes three changes: put DUI resulting in death under the manslaughter statute to align penalties; keep leaving the scene with only property damage as a misdemeanor but make leaving the scene that causes physical injury a class C felony and leaving the scene that causes serious physical injury or death a class B felony; and permit criminal restitution in cases of injury or death. Langer told the committee the Court of Criminal Appeals has asked the legislature to change the restitution outcome because it can produce unjust results.

Several committee members raised concerns that the bill in its current draft could be overbroad. Senator Smitherman and others argued the language might create a de facto presumption that a driver who leaves the scene was intoxicated or otherwise criminally culpable, even where contributory fault or lack of evidence exists. "We're making a law that affects every citizen in the state," one senator said, urging care about blanket rules that could apply in situations where pedestrians or bicyclists unexpectedly enter the roadway.

The committee adopted a technical amendment to correct a drafting omission (adding the name "Holt" where it had been left off the original text). That amendment passed on a recorded roll call. After further questions and discussion the committee did not take final action on the substantive bill; Senator Orr moved to carry SB169 over with a commitment from the chair to place it on next week’s agenda, and the motion carried by voice vote. The chair asked the sponsor and staff to resolve outstanding questions before the bill returns.

The committee separated three issues the bill addresses — penalty alignment for DUI deaths, upgraded felony classifications for leaving the scene with serious injury or death, and criminal restitution for victims — and asked the sponsor to provide clarified language about how the bill would operate when evidence of intoxication or contributory fault is limited. The panel will revisit SB169 next week.