LITTLE ROCK, Ark — Last month, House Bill 1505 created stricter laws for hit and runs passed through legislation and was signed by Governor Hutchinson as Act 558 on April 5. Four days later, Senator Trent Garner proposed Senate Bill 668 to amend the original new law.
Governor Hutchinson held a ceremonial signing for ACT 558 at 1:30 p.m. ahead of SB668 being voted on in the judiciary committee.
Sen. Garner says his bill is adding proven intent to the table.
"This bill came because we passed a law this session that is a good intending law with one fundamental fatal flaw, which is the mental state. Meaning, if someone doesn't know they hit someone, they could still get 20 years in prison," said Garner.
During the judiciary committee meeting, Sen. Garner opened his bill with the scenario of a Capitol riot.
He says under the new law, if you were in your vehicle around the Capitol during the riot with people surrounding your vehicle, and decided to drive off to get away, hitting someone, by law if you don't return to wait on the police you get the maximum sentence.
He says the new bill will write in the requirement of intent.
"That you either knew about it or recklessly should have known about it, because you were driving drunk or on drugs and so this just gives a small amount of protection to people who innocently did not know they hit somebody," said Garner.
He says he understands many opposing the bill have lost loved ones to hit and runs and is understanding of that position.
"The problem is when you write a law like this what you can do just as badly is, get people who did not know they caused an accident and are put in a severe 20+ years in jail for doing that," said Garner.
Many people spoke to oppose the bill, including Barbara Mariani with the Prosecutor's Office in Pulaski County. Her brother-in-law was killed by a hit and run driver.
State Representative Tippi McCullough co-sponsored Act 558 before it was signed into law. Her brother riding his bike in Hot Springs three years ago when he was killed in a hit and run incident.
Kimberly Mundell says trying to amend Act 558 is trying to undo everything people have worked hard for to ensure the safety of Arkansans. She says her husband can't be alive to testify, because he's gone after a hit and run driver.
"Often times in a hit and run, the only witness to the crime is the person who committed it, and if they're going to flee the scene, they're not going to be forth coming and admit that they knew what they were doing," said Mundell.
She feels SB668 would do nothing but protect criminals at the expense of the victim's family.
Stacey Bankston says her son was killed by drunk driver who has been able to spend the last two Christmas' with his family while her son is gone.
"People are more likely to get away with negligent homicide, because if you can't prove that a crime's really been committed then this allows for just the scene to be charged," Bankston.
Sen. Garner pulled the bill in the middle of committee.