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Prosecutors’ association urges clearer definitions before supporting vehicular homicide enhancements
Summary
The County Prosecutors Association told the committee that the closeness of 'criminal negligence' and 'recklessness' in the draft could make felony convictions rare and urged LSO and legislators to rework the mental-state language; the association offered to supply proposed statutory language.
The county prosecutors' association told the Joint Judiciary Committee it supports many of the bill's policy goals but cannot endorse the draft as written because the mental-state definitions for criminal negligence and recklessness are too close, which could lead juries to convict on lesser included offenses rather than the felony. "When we get into trying to define recklessly and criminally negligent, having a jury be able to identify each and every one of the elements ... is very complicated for a jury," Miss Callas said in her testimony on behalf of the association.
Association representatives recommended focusing some enhancements on location-based factors (for example, crosswalks, school zones or construction zones) and on specific classes of drivers (such as holders of commercial driver's licenses). They offered to provide draft language to clarify definitions and said prosecutors are open to enhancements that they can actually prove in court. "I am confident that our association could get back with you with that language," Miss Callas told the committee.
