HB3233 - Tennessee - Criminal Offenses
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Latest Update: Tuesday, May, 13th 2008 Companion Bill SB3382. Criminal Offenses - Increases punishment for second and third or subsequent violation of "move over" law and clarifies that "move over" violation that results in threat of injury or death can be punished as reckless endangerment, criminally negligent homicide, reckless homicide, or vehicular homicide. - Amends TCA Title 39 and Title 55. Fiscal Summary for *HB3233 / SB3382Increase State Revenue - $10,500 Increase State Expenditures - $17,500/ One-Time $192,600/Incarceration* Increase Local Revenue - Not Significant Increase Local Expenditures - Not Significant Bill Summary for *HB3233 / SB3382 Under present law, it is a Class C misdemeanor criminal offense, punishable by a fine of $100 to $500 and imprisonment for up to 30 days, for any person to fail to yield to a moving or stationary emergency vehicle. This bill authorizes the prosecution of persons who fail to yield to an emergency vehicle for the following: (1) The Class E felony of reckless endangerment with a deadly weapon if the conduct giving rise to the violation places or may place another in imminent danger of death or serious bodily injury; (2) The Class E felony of criminally negligent homicide if the conduct giving rise to the violation is criminally negligent and results in the death of another; (3) The Class D felony of reckless homicide if the conduct giving rise to the violation is reckless and results in the killing of another; and (4) The Class C felony of vehicular homicide if the conduct giving rise to the violation is reckless, proximately results in the killing of another, and the conduct created a substantial risk of death to another. This bill changes the criminal classification and penalties for second or subsequent convictions for failure to yield to an emergency vehicle. A second violation would be a Class B misdemeanor punishable by a fine of $500 to $1,000. A third or subsequent violation would be a Class A misdemeanor punishable by a fine of not less than $1,000. ON APRIL 21, 2008, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 3233, AS AMENDED. AMENDMENT #1 removes authorization to prosecute persons who fail to yield for an emergency vehicle with the Class E felony, reckless endangerment with a deadly weapon. Latest Actions
Fiscal Notes
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