Legislature(2003 - 2004)
04/07/2003 01:31 PM Senate JUD
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SB 53-REVOKE DRIVER'S LIC. FOR FATAL ACCIDENT
CHAIR RALPH SEEKINS called the Senate Judiciary Standing
Committee meeting to order at 1:31 p.m. Present were Senators
Therriault, French and Chair Seekins. Senator Ellis arrived
shortly thereafter. He announced SB 53 to be up for
consideration.
MS. KAREN SAWYER, Staff to Senator Ogan, sponsor of SB 53,
explained that this relates to circumstances where there is a
true link between violating a traffic law and contributing to
the death of someone. It allows courts to revoke an individual's
license to drive if they caused someone's death.
Page 2, lines 11 - 12 allows the court the discretion of
revoking the license for up to three years. Notwithstanding, SB
53 proposes that a person could get a limited license for the
entire period if he or she convinces the court that their
livelihood depends on having a license.
SENATOR ELLIS arrived at 1:35 p.m.
SENATOR THERRIAULT clarified that current law already revokes
the license of someone who is drinking and has a traffic
violation.
SENATOR FRENCH asked if this action would require a district
court trial.
MS. SAWYER replied that it would. She understood that whenever
there is a death of an individual, that person has the right to
a jury trial.
SENATOR FRENCH said that this has more to do with taking away a
driver's license, because as it stands now, you could kill
someone in an accident and you might only be cited for negligent
driving. You could sign the ticket, send in your fine, never
appear in court and not lose your license and that's what this
bill proposes to address.
SENATOR THERRIAULT asked why the current point system doesn't
allow this to be done.
MS. ANNE CARPENETI, Criminal Division, Department of Law, said
the infractions they are talking about wouldn't cost enough
points to justify a loss of license, unless it was negligent
driving on top of prior bad driving citations.
SENATOR THERRIAULT asked why they couldn't change the point
system.
MS. CARPENETI replied no thought has been given to revising the
point system. The purpose is to make a direct connection between
a traffic violation that kills someone and loss of a license by
a more direct route than the point system.
SENATOR SEEKINS asked if the more indirect route involving the
point system requires a jury trial.
MS. CARPENETI replied, "Yes, whenever there is a possibility of
loss of a valuable license like a driver's license, a person has
the right to a jury trial and court appointed counsel."
SENATOR FRENCH asked if that is correct, because you don't have
the right to a trial for a speeding ticket and speeding points
can cause you to loose your license.
SENATOR THERRIAULT asked if using "may" on page 2 reflected the
intent to see that a mother that picks up her children from
soccer and hits some black ice and accidentally kills one of
them loses her license in addition to the life of her child.
MS. SAWYER replied this bill gives the court the right to look
at the circumstance surrounding the accident. The person's
driving record and the violation would have significance.
MS. NANCY CAMPBELL said she and her husband lost their son in an
auto accident in 1994. He was hit head-on by a man that swerved
around a car that was turning. Six people were involved in the
accident and six lawyers represented the six different insurance
companies. One lawyer tried to get a misdemeanor and she and her
husband went to traffic court to testify, but state law tied the
judge's hands. Other people have talked to them about similar
experiences with the system's shortfalls. The driver got a slap
on the wrist and 300 hours of community service; he didn't lose
his license and was subsequently involved in another accident in
which two more people were killed. "As far as I know, he is
still driving at this point."
SENATOR FRENCH said he would like to have a discussion regarding
adding "serious physical injury" to the statute.
CHAIR SEEKINS said okay and that they would hold another hearing
on it.
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