Homicide Criminal Offenses

Under current law, if a person engages in conduct that creates a grave risk to human life with an extreme indifference to the value of human life and causes the death of another person, the person commits first degree murder. The bill requires that the person:

• Cause the death of more than one person;
• Cause the death of one person and cause serious bodily injury to 2 or more persons by means of a deadly weapon;
• Cause the death of a child who is under 12 years old; or
• Cause the death of a peace officer, emergency medical service provider, emergency medical care provider, or firefighter engaged in the performance of their duties.

The bill creates a new charge of murder in the second degree if a person engages in conduct that creates a grave risk to human life with an extreme indifference to the value of human life and causes the death of only one other person.

The bill creates the offense of aggravated vehicular homicide by operating a motor vehicle in a reckless manner or while under the influence of or impaired by alcohol or other drugs and causing the death of another person when the person also:

• Has been convicted twice of driving under the influence or driving while ability impaired;
• Has been convicted of vehicular homicide or vehicular assault;
• Commits the offense while eluding or attempting to elude law enforcement;
• Commits the offense while in flight from the commission of another felony offense, not including a traffic offense; or
• Commits the offense while driving at a high rate of speed, creating an imminent risk of death or serious bodily injury to another person.

The bill creates the new offense of negligent vehicular homicide if a person drives a motor vehicle with criminal negligence and causes the death of another person. Negligent vehicular homicide is a class 5 felony.

(Note: This summary applies to this bill as introduced.)