SB2785112th GA (Historical)Introduced

Amends TCA Title 39, Chapter 13; Title 40 and Title 55.

Present law provides various circumstances by which an assault becomes an aggravated assault. The criminal classification of aggravated assault generally depends on which aggravating circumstances are present. Under present law, aggravated assault is a Class C felony when an intentional assault involved the use or display of a weapon. This bill enhances such offense to a Class B felony if the assault is committed by discharging a firearm from within a motor vehicle. Under present law, aggravated assault is a Class D felony when a reckless assault involved the use or display of a weapon. This bill enhances such offense to a Class C felony if the assault is committed by discharging a firearm from within a motor vehicle. Under present law, reckless endangerment by discharging a firearm from within a motor vehicle is a Class C felony. In addition to any other punishment authorized by present law, this bill requires a court to order the following for a person convicted for a first offense of aggravated assault (whether intentional or reckless) or reckless endangerment that is committed by discharging a firearm from within a motor vehicle, or conspiracy to commit such offense: (1) Revocation of the defendant's driver license for up to one year, to begin following any period of confinement imposed; (2) A fine of up to two times the amount authorized for the punishment of aggravated assault; and (3) The defendant to serve a sentence of incarceration for not less than one year, which sentence must be served day for day. This bill requires that a second or subsequent conviction for aggravated assault (whether intentional or reckless) or reckless endangerment that is committed by discharging a firearm from within a motor vehicle, or conspiracy to commit any such offense is punished the same as a first violation, except that the motor vehicle used in the commission of the second or subsequent violation will be subject to seizure and forfeiture. This bill specifies that it is a defense to a charge of reckless endangerment that the person who engages in conduct that places another person in imminent danger of death or serious bodily injury was acting in justified self-defense or justified defense of a third person. Under present law, a person commits the Class B misdemeanor reckless driving who: (1) Drives any vehicle in willful or wanton disregard for the safety of persons or property; (2) Drives a motorcycle while doing a "wheelie", unless the driver is an adult operating the motorcycle at a low speed in a parade; or (3) Knowingly ignores a clearly visible and adequate flood warning sign or barricade and drives into a road area that is actually flooded. In addition to the fine authorized for a Class B misdemeanor (up to $500), a person who is convicted of reckless driving must be fined $50.00, the proceeds of which are used for drug and alcohol abuse prevention purposes. This bill adds that a person commits Class A misdemeanor reckless driving who operates a vehicle on any public road, street, or highway within a business, urban, or residential area; a neighborhood; a congested area; or any other premises that is generally frequented by the public at large: (1) At a speed that is at least 20 miles per hour above the speed limit; and (2) While weaving between lanes while other vehicles share the lanes in willful and wanton disregard for the safety of persons or property. In addition to the fine authorized for a Class A misdemeanor (up to $2,500), a person who is convicted of Class A misdemeanor reckless driving must be fined $200, the proceeds of which are used for drug and alcohol abuse prevention purposes. This bill also requires that a person who is convicted of Class A misdemeanor reckless driving: (1) Have the person's driver license revoked for up to six months, beginning following any period of confinement imposed; and (2) Serve a sentence of incarceration for not less than 30 days, served day for day.

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Overview

Present law provides various circumstances by which an assault becomes an aggravated assault. The criminal classification of aggravated assault generally depends on which aggravating circumstances are present. Under present law, aggravated assault is a Class C felony when an intentional assault involved the use or display of a weapon. This bill enhances such offense to a Class B felony if the assault is committed by discharging a firearm from within a motor vehicle. Under present law, aggravated assault is a Class D felony when a reckless assault involved the use or display of a weapon. This bill enhances such offense to a Class C felony if the assault is committed by discharging a firearm from within a motor vehicle. Under present law, reckless endangerment by discharging a firearm from within a motor vehicle is a Class C felony. In addition to any other punishment authorized by present law, this bill requires a court to order the following for a person convicted for a first offense of aggravated assault (whether intentional or reckless) or reckless endangerment that is committed by discharging a firearm from within a motor vehicle, or conspiracy to commit such offense: (1) Revocation of the defendant's driver license for up to one year, to begin following any period of confinement imposed; (2) A fine of up to two times the amount authorized for the punishment of aggravated assault; and (3) The defendant to serve a sentence of incarceration for not less than one year, which sentence must be served day for day. This bill requires that a second or subsequent conviction for aggravated assault (whether intentional or reckless) or reckless endangerment that is committed by discharging a firearm from within a motor vehicle, or conspiracy to commit any such offense is punished the same as a first violation, except that the motor vehicle used in the commission of the second or subsequent violation will be subject to seizure and forfeiture. This bill specifies that it is a defense to a charge of reckless endangerment that the person who engages in conduct that places another person in imminent danger of death or serious bodily injury was acting in justified self-defense or justified defense of a third person. Under present law, a person commits the Class B misdemeanor reckless driving who: (1) Drives any vehicle in willful or wanton disregard for the safety of persons or property; (2) Drives a motorcycle while doing a "wheelie", unless the driver is an adult operating the motorcycle at a low speed in a parade; or (3) Knowingly ignores a clearly visible and adequate flood warning sign or barricade and drives into a road area that is actually flooded. In addition to the fine authorized for a Class B misdemeanor (up to $500), a person who is convicted of reckless driving must be fined $50.00, the proceeds of which are used for drug and alcohol abuse prevention purposes. This bill adds that a person commits Class A misdemeanor reckless driving who operates a vehicle on any public road, street, or highway within a business, urban, or residential area; a neighborhood; a congested area; or any other premises that is generally frequented by the public at large: (1) At a speed that is at least 20 miles per hour above the speed limit; and (2) While weaving between lanes while other vehicles share the lanes in willful and wanton disregard for the safety of persons or property. In addition to the fine authorized for a Class A misdemeanor (up to $2,500), a person who is convicted of Class A misdemeanor reckless driving must be fined $200, the proceeds of which are used for drug and alcohol abuse prevention purposes. This bill also requires that a person who is convicted of Class A misdemeanor reckless driving: (1) Have the person's driver license revoked for up to six months, beginning following any period of confinement imposed; and (2) Serve a sentence of incarceration for not less than 30 days, served day for day.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 3, 2022

Subjects
121048753300

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