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HB 255: "An Act creating the crime of negligent vehicular homicide."

00HOUSE BILL NO. 255 01 "An Act creating the crime of negligent vehicular homicide." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 09.55.580(f) is amended to read: 04  (f) A person whose act or omission constitutes the felonious killing of another 05 person may not recover damages for the death of that person either directly or as a 06 personal representative of that person's estate. In this subsection, a "felonious killing" 07 means a crime defined by AS 11.41.100 - 11.41.140, other than AS 11.41.133. 08 * Sec. 2. AS 11.41 is amended by adding a new section to read: 09  Sec. 11.41.133. NEGLIGENT VEHICULAR HOMICIDE. (a) A person 10 commits the crime of negligent vehicular homicide if, with negligence, the person 11 operates a propelled vehicle in a manner that causes the death of another person. 12  (b) In this section, a person acts with "negligence" when the person fails to 13 perceive an unjustifiable risk of harm to a person; the risk must be of such a nature 14 and degree that the failure to perceive it constitutes a deviation from the standard of

01 care that a reasonable person would observe in the situation. 02  (c) Negligent vehicular homicide is a class A misdemeanor. 03 * Sec. 3. AS 13.11.305(g) is amended to read: 04  (g) In this section, a "felonious killing" means a crime defined under 05 AS 11.41.100 - 11.41.140, other than AS 11.41.133.