An Act bringing the crime of leaving the scene of personal injury causing death within the jurisdiction of the district court

Lead Sponsor: Representative Kate Lipper-Garabedian

Impetus

When the mandatory felony motor vehicle homicide statute was originally enacted, an unforeseen consequence was the creation of an incentive to drivers who were under the influence to flee the scene and avoid being subject to the severe mandatory sentence for Motor Vehicle Homicide while under the Influence, as evidence of their intoxication would be gone by the time police identified them. They would then only be exposed to the lesser charges of Negligent Motor Vehicle Homicide and Leaving the Scene of Personal Injury. This charge, which may be prosecuted only in Superior Court and has a mandatory minimum one-year sentence, was created to remove that incentive and appropriately punish those who fled the scene.

However, experience since its enactment has shown that many drivers who flee the scene of a fatal collision are not under the influence, but merely panicking. Such cases are sadly not uncommon, especially as the number of drivers distracted by cell phone usage continues to rise. Panic is no excuse for fleeing the scene, but such cases are more appropriately prosecuted in the District Court, especially as they often receive the one-year mandatory minimum nonetheless. The time and energy of the Grand Jury is better reserved for cases where the Commonwealth seeks a prison sentence.

Need

The Commonwealth should have the option of prosecuting those who flee the scene of a fatal collision via a charge that accurately reflects their conduct without being obligated, in every case, to spend the resources of the justice system on an indictment that will lead only to a House of Correction sentence.

Legislative Fix

This Bill amends G.L. c. 218, § 26 to bring the charge of Leaving the Scene of Personal Injury Causing Death within the concurrent jurisdiction of the District Court.