This bill creates the offense of "aggravated vehicular assault." "Aggravated vehicular assault" is vehicular assault where: (1) The defendant has two or more prior convictions for: (A) DUI; (B) Vehicular assault; or (C) Any combination of such offenses; (2) The defendant has one or more prior convictions for the offense of vehicular homicide or aggravated vehicular homicide; or (3) The defendant, at the time of the offense, had a blood alcohol level of at least 0.2 percent, and the defendant has one prior conviction for: (A) DUI; or (B) Vehicular assault. This bill requires that an indictment specify the required prior convictions if the defendant is charged with aggravated vehicular assault. If a person is convicted of vehicular assault, a Class D felony, then the same jury would then separately consider whether the defendant committed the offense of aggravated vehicular assault. Aggravated vehicular assault would be a Class C felony.NOTE: Section 1 of the bill, subdivisions (c) and (d), refer to "aggravated vehicular homicide" but should state "aggravated vehicular assault."

Statutes affected:
Introduced: 55-12-139(b)(2)(B), 55-12-139