Courts can impose extra punishment on drivers or passengers whose crimes result from road rage, once that link is proved beyond a reasonable doubt.
People whose felonies are proved to result from road rage may face two to 15 extra years in prison, served after the underlying sentence. Listed penalties also include a mandatory fine of at least $1,000 and license penalties.
For misdemeanors proved to result from road rage, courts may add a fine of up to $1,000, suspend the person's driver's license for up to one year, or do both.
Defendants must receive notice when prosecutors seek extra road-rage punishment. Both sides can present evidence at sentencing, and road-rage motivation must be proved beyond a reasonable doubt.
Courts can impose extra prison time, a fine, and driver's license penalties for felonies caused by road rage. This covers felonies caused by a driver's or passenger's intentionally aggressive, harassing, threatening, intimidating, or dangerous behavior toward another driver or passenger on public roads or connected areas open to the public. The person must be convicted or plead guilty or no contest, a plea that accepts conviction without admitting guilt. Road-rage motivation must be proved beyond a reasonable doubt. The listed license penalties are suspension for up to five years or revocation, which takes away the license, for up to two years. The law takes effect upon passage.
Courts may add a fine, a driver's license suspension, or both for misdemeanors caused by road rage. This covers misdemeanors caused by a driver's or passenger's intentional aggression, harassment, threats, intimidation, or dangerous behavior toward another driver or passenger on public roads or connected areas open to the public. The person must be convicted or plead guilty or no contest, a plea that accepts conviction without admitting guilt. Road-rage motivation must be proved beyond a reasonable doubt.
Prosecutors must give notice when seeking extra road-rage penalties, and courts must hold a sentencing hearing. These rules apply when prosecutors seek extra road-rage punishment for an underlying crime. This section does not make road rage a separate crime. The court must let both sides present evidence about whether road rage caused the crime. Extra punishment requires proof beyond a reasonable doubt that road rage motivated the defendant. Prosecutors must file notice with the court and defendant no later than the first pretrial conference or include it in the charging papers. The hearing follows a guilty verdict, finding, or guilty or no-contest plea.
No hearings or votes scheduled.