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SB 102 — Drivers Leaving the Scene of a Crash

by Appropriations Committee; Transportation Committee; and Senators Diaz de la Portilla, Garcia, and Evers

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Transportation Committee (TR)

The bill creates the “Aaron Cohen Life Protection Act.” The bill addresses a perceived or potential incentive in current law to leave the scene of a crash by:

  • Punishing leaving the scene of a crash resulting in serious bodily injury to a person as a second degree felony, rather than a third degree felony;
  • Imposing a mandatory minimum term of imprisonment of four years for a driver convicted of leaving the scene of a crash resulting in the death of a person;
  • Increasing the mandatory minimum term of imprisonment from two to four years for a driver convicted of leaving the scene of a crash resulting in the death of a person while driving under the influence (DUI);
  • Imposing a minimum driver license revocation period of at least three years, and driver education requirements for leaving the scene of a crash;
  • Ranking offenses for leaving the scene of a crash one level higher than specified in the Criminal Punishment Code if the victim of the offense was a “vulnerable road user”;
  • Authorizing a defendant to move the court to depart from the mandatory minimum term of imprisonment for leaving the scene of a crash resulting in death, unless the violation was committed while the defendant was DUI; authorizing the state to object to the defendant’s motion; and authorizing a court to grant the motion upon a finding that imposition of the mandatory minimum term would constitute or result in an injustice.

If approved by the Governor, these provisions take effect July 1, 2014. 

Vote: Senate 39-0; House 118-0