Senate approves tough penalty in fatal accidents

Monday, May 2, 2005 | 11:07 a.m.

CARSON CITY -- A motorist who kills somebody won't get off with just a traffic ticket in the future.

On a unanimous vote, the Senate Friday approved a bill creating a new crime of vehicular manslaughter that carries a penalty of six months in jail and a fine of $1,000.

The bill now goes to Gov. Kenny Guinn, who is expected to sign it. The law would take effect Oct. 1.

Ben Graham, a lobbyist for the Nevada District Attorney's Association, said this was the fourth session the prosecutors have been working to get the bill approved.

"As the law stands right now, you run off the sidewalk, you get a citation for running off the sidewalk," he said. "This is going to give an acknowledgement that not only did you run off the sidewalk, your conduct, even though it wasn't highly negligent, it caused a death."

Under the present law, there has to be criminal negligence to charge a crime and that includes such issues as speeding or driving under the influence of drugs or alcohol -- "something more than just 'Gosh, it happened,' " Graham said.

The crash in Las Vegas that killed four people waiting at a bus stop prompted more legislators to get behind the bill than in the past when it had failed three times.

Graham said he "suspects" that prosecutors could charge an additional count for every person who dies in an accident.

"That can happen in a DUI situation where you kill more than one person," he said.

Assembly Bill 295 also carries a "double whammy," says Sen. Terry Care, D-Las Vegas. If the death occurs in a designated work zone, it doubles the penalty.

Graham said, "We would still have to have proximate cause." He said there would not be any charge in a "truly unavoidable accident" or in the case of a child who darts across the street.

In addition to the criminal penalty, the driver's license will be suspended for one year.

"So there is a little bit of a sting and the poor souls who lost their loved ones will at least know that the person who caused that death will have that reflected in public records," he said.

He said there probably would not be any charge against a driver who suffered a heart attack and killed somebody. Or if the brakes fail, a misdemeanor complaint probably would not be brought.

But he said the criminal charge would be filed against somebody who fell asleep at the wheel, causing a traffic death. The complaint could be filed against somebody who wasn't paying attention to the road, such as the driver talking to another person.