6 Broadcaster Press March 01, 2016 www.broadcasteronline.com We’re all ears. Most senators support tougher punishmentfor vehicular homicide and caused the death of an-conditions a in some or vehicular battery; or Has BY BOB MERCER State Capitol Bureau PIERRE – The state Senate supported adding a new felony with tougher penalties to South Dakota’s criminal code for deadly vehicle crashes.The proposed crime is aggravated vehicular homicide.b It could be charged if a death occurred while the driver under the influence of alcohol, drugs or substances operated a motor vehicle in a reckless manner Questions? Comments? Story Ideas? Your opinion is something we always want to hear. 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State law already provides for vehicular homicide as a Class 3 felony punishable by up to 15 years in prison. The proposal for aggravated vehicular homicide calls for a Class 2 felony punishable by up to 25 years in prison. The proposal for the stronger felony comes from state Attorney General Marty Jackley. Making the pitch for him Monday was Sen. Craig Tieszen, R-Rapid City, a retired police chief. Tieszen said judges have been reluctant to allow prosecutors to charge first-degree manslaughter in vehicle death cases because there isn’t a specific provision in the manslaughter section of state criminal code. First-degree manslaughter carries a maximum penalty of life in prison. “We all know vehicular homocide is a terrible offense but some cases are aggravated,” Tieszen said. The Legislature requires a prison or jail population cost estimate on measures proposing changes in crimes and penalties. In this instance, the Legislative Research Council found 25 convictions for vehicular homicide from Jan. 1, 2010, through Dec. 31, 2015. Of those, the LRC determined that approximately 10 met at least one of the conditions in the proposed legislation. The new provisions would create longer sentences. As Class 3 felonies, the average sentence for vehicular homocides was 11.22 years. The Class 2 felonies likely would result in an average sentence of 12.89 years in prison. Beyond the additional 1.6 years of sentence, aggravated vehicular homicide would be treated as violent crimes for the purposes of parole, according to the LRC analysis. The would mean people convicted of the crime would have to serve 50 to 70 percent of their sentences, depending on their criminal histories. The LRC analysis concluded that the average conviction for vehicular homicide would mean 3.36 years in prison while the average conviction for aggravated vehicular homicide would result in 6.44 years in prison, or a minimum of 3.08 more years in prison. The additional cost would begin to show in year four. Based on two annual convictions the additional cost in year would be $35,207.68. That would gradually increase through year seven when the additional cost would be $169,436.96, according to LRC. It then would remain that amount going forward, assuming two convictions per year. Sen. Troy Heinert, D-Mission, spoke about an incident in which his brother-in-law was killed in a crash that would have met the circumstances in the legislation. “I really struggle with this,” Heinert said. “Is this the best route to go?” Heinert said the penalty isn’t the deterring factor to impaired driving. Sen. Scott Parsley, D-Madison, said he knows people involved in deadly drunk-driving accidents and they changed their lives in prison. Parsley said he could have supported the legislation if all three criteria needed to be met. Tieszen in rebuttal said he “probably” agrees that penalties don’t always deter drunk driving. “Nonetheless serious penalties are required for serious situations,” Tieszen said. The Senate voted 28-6 for the legislation, SB 44, and sent it to the House of Representatives. Senators also approved creating a penalty for a motorist fleeing from a law enforcement officer Monday. Tieszen said there isn’t a specific crime for the situation. He said many prosecutors have commonly charged it as obstructing, a Class 1 misdemeanor. Tieszen said fleeing would be a Class 2 misdemeanor. “That actually is a pretty serious situation,” he said. Worker comp records show 56 law enforcement officers were injured in the line of duty chasing a fleeing motorist in the past five years, according to Tieszen. “It is a serious issue,” he said. The vote was 27-6 in favor. The measure, SB 154, goes to the House next. Buy Local! Shop the Classifieds!