Alaska Senate Panel Weighs Tougher Hit-and-Run Penalties

The Alaska Senate Judiciary Committee heard testimony Tuesday on legislation that would increase prison sentences for drivers who flee fatal crashes.

House Bill 239 would establish a four to seven year presumptive sentencing range for first-time felony offenders when a death is caused by criminal negligence and the driver fails to render assistance. The bill also requires consecutive sentences when criminally negligent homicide and failure to render aid arise from the same incident.

"The result is a perceived mismatch between culpability and consequence, and eroding public trust," said legislative staff member Zemp, presenting the bill for sponsor Representative Copp, who was excused to attend House floor proceedings.

The legislation responds to public frustration over plea deals and case dismissals in hit-and-run deaths. Under current law, failure to stop carries the same zero to 10-year sentencing range whether the victim is injured or dies.

"There are so many cases of hit and runs," said Senator Stevens. "A family's son was killed in a hit and run, the driver ran off, and the family felt justice was denied them. A woman was struck and killed in front of my house, the driver drove off, and the case was dismissed."

Casey Schroeder from the Department of Law explained that prosecutors already consider whether drivers stop and render aid when making charging decisions. "If someone hits somebody, they stop, they call for help, all of that is going to be factored in to any sort of screening decision that we make," Schroeder said.

The bill would not change the definition of criminal negligence or eliminate judicial discretion. It also would not apply when drivers stop and provide assistance.

Committee members raised concerns about whether tying the two charges together might discourage young drivers from stopping. "If we are tying the criminal behavior to the crime for failure to stop, we actually make people think, well, I better flee because I might have committed a crime," said Chairman Klammer.

Schroeder addressed questions about the legal requirement to render aid, explaining that it means "the assistance that a reasonably prudent person would provide under the circumstances." This could include making arrangements for medical treatment when necessary.

The committee also discussed potential merger issues between the enhanced criminal charge and existing motor vehicle code violations. Schroeder said the Department of Law does not expect merger problems, comparing the structure to felony murder cases where defendants face separate sentences for related crimes.

Nancy Mead from the court system explained the limited role judges play in plea agreements. "The court can basically merely say, 'is this within the range?' with limited information by the judge," Mead said. "Sometimes a court can reject a plea, but that can occur. It just needs to be within the legal range."