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2016 SESSION

16105021D
SENATE BILL NO. 730
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee for Courts of Justice
on February 1, 2016)
(Patron Prior to Substitute--Senator Stuart)
A BILL to amend and reenact § 19.2-368.2 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 18.2-36.3 and 18.2-51.7, relating to driving while texting, etc.; penalties.

Be it enacted by the General Assembly of Virginia:

1. That § 19.2-368.2 of the Code of Virginia is amended and reenacted and that the Code of Virginia is amended by adding sections numbered 18.2-36.3 and 18.2-51.7 as follows:

§ 18.2-36.3. Involuntary manslaughter; driving while violating § 46.2-1078.1; penalties.

Any person who, as a result of driving while in violation of § 46.2-1078.1 or a similar local ordinance, unintentionally causes the death of another person, and whose conduct was so gross, wanton, and culpable as to show a reckless disregard for human life, is guilty of aggravated involuntary manslaughter, a felony punishable by a term of imprisonment of not less than one nor more than 20 years, one year of which shall be a mandatory minimum term of imprisonment.

§ 18.2-51.7. Maiming, etc., of another; driving while violating § 46.2-1078.1; penalty.

Any person who, as a result of driving while in violation of § 46.2-1078.1 or a similar local ordinance in a manner so gross, wanton, and culpable as to show a reckless disregard for human life, unintentionally causes the serious bodily injury of another person resulting in permanent and significant physical impairment is guilty of a Class 6 felony.

§ 19.2-368.2. Definitions.

For the purpose of this chapter:

"Claimant" means the person filing a claim pursuant to this chapter.

"Commission" means the Virginia Workers' Compensation Commission.

"Crime" means an act committed by any person in the Commonwealth of Virginia which would constitute a crime as defined by the Code of Virginia or at common law. However, no act involving the operation of a motor vehicle which results in injury shall constitute a crime for the purpose of this chapter unless the injuries (i) were intentionally inflicted through the use of such vehicle or (ii) resulted from a violation of § 18.2-36.3, 18.2-51.4, 18.2-51.7, or 18.2-266 or from a felony violation of § 46.2-894.

"Family," when used with reference to a person, means (i) any person related to such person within the third degree of consanguinity or affinity, (ii) any person residing in the same household with such person, or (iii) a spouse.

"Sexual abuse" means sexual abuse as defined in subdivision 6 of § 18.2-67.10 and acts constituting rape, sodomy, object sexual penetration or sexual battery as defined in Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2.

"Victim" means a person who suffers personal physical injury or death as a direct result of a crime including a person who is injured or killed as a result of foreign terrorism or who suffers personal emotional injury as a direct result of being the subject of a violent felony offense as defined in subsection C of § 17.1-805, or stalking as described in § 18.2-60.3, or attempted robbery or abduction.

2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 665 of the Acts of Assembly of 2015 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.