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Jackley's vehicular homicide bill advances

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SIOUX FALLS, S.D. (KELO AM) - South Dakota Attorney General Marty Jackley's second attempt to classify vehicular homicide as a crime of violence moves to the State Senate.

The Senate Judiciary Committee voted 6-1 today to send to the full body legislation that Jackley says deals with parole.  Jackley says violent crime offenders serve 50% of their time as long as they behave themselves.

In vehicular homicide cases, Jackley says, the sentence is a maximum 15 years but because it's classified as non-violent, offenders would serve only 30% of their sentence.  He says if inmates behave, they'll serve 4 1/2 years of the maximum sentence.

Jackley says prosecutors can't charge manslaughter because a vehicle is not considered a dangerous weapon.

Jackley says vehicular homicide is a violent crime and should be classified as a violent crimes. "It doesn't have anything to do with intent."

Linsdey Riter-Rapp with the South Dakota Association of Criminal Defense says vehicular homicide is different than having a specific intent or an evil mind.  She says prosecutors have all the tools needed to see that justice is served.

Jackley introduced the measure in the last legislative session but it was defeated.


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