FLEEING & ELUDING: SENT. GUIDELINES S.B. 388:
SUMMARY AS ENACTED
Senate Bill 388 (as enacted) PUBLIC ACT 323 of 2012
Sponsor: Senator John J. Gleason
House Committee: Judiciary
Date Completed: 10-25-12
CONTENT
The bill amended the Code of Criminal Procedure to revise the felony class for first- and second-degree fleeing and eluding in the sentencing guidelines.
Currently, first-degree fleeing and eluding is a Class C felony against a person and is punishable by a statutory maximum sentence of 15 years' imprisonment. Under the bill, that violation will be a Class B felony. Second-degree fleeing and eluding is currently a Class D felony against a person and is punishable by a statutory maximum sentence of 10 years' imprisonment. Under the bill, that violation will be a Class C felony.
The bill will take effect on January 1, 2013.
(A fleeing and eluding violation is first-degree fleeing and eluding if it results in the death of another person. A violation is second-degree fleeing and eluding if it results in serious impairment of a body function of an individual; the violator has one or more prior convictions for first-, second-, or third-degree fleeing and eluding, attempted first-, second-, or third-degree fleeing and eluding, or fleeing and eluding under a current or former State law prohibiting substantially similar conduct; or the violator has any combination of two or more prior convicts for fourth-degree fleeing and eluding, attempted fourth-degree fleeing and eluding, or fleeing and eluding under a current or former State law prohibiting substantially similar conduct.)
Legislative Analyst: Patrick Affholter
FISCAL IMPACT
The bill will have an indeterminate fiscal impact on State and local government. By increasing the felony class of first- and second-degree fleeing and eluding convictions, the bill may increase offender length of stay in State facilities and thereby increase incarceration costs. The average annual cost of incarceration in a State facility is approximately $34,000.
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.