Advocates to try again for bill to end shock probation in fatal DUI cases

01/31/2013 07:24 PM

It isn’t fair to victims and their families for someone to spend a few months in prison for being convicted of killing someone while driving under the influence, state Rep. Julie Raque Adams, R-Louisville, told her colleagues Thursday.

Adams is sponsoring a measure, House Bill 28, that would end shock probation for anyone convicted of reckless homicide or second-degree manslaughter as well as DUI in the same case.

Shock probation has been used at judges’ discretion to allow certain offenders to spend months instead of years behind bars. (A WAVE-3 report from 2011 explained how it works and found that shock probation was granted less than half the time it was requested.)

But that hasn’t sat well with some families of victims.

Debbie Moskwa of Louisville lost her son, Ricky, in 2002 when he was killed by a drunk driver. Moskwa was quoted in the WAVE-3 report and has pushed for changes to the shock probation law since 2006.

“We believed that those who killed Ricky would be punished to the fullest extent of the law,” Moskwa told the Interim Joint Judiciary Committee on Thursday. “Little did we know we would be inflicted with more pain at hearing shock probation was granted after the person served only 8 months of a 13 year sentence.”

Adams said Kentucky shouldn’t grant shock probation to DUI offenders when a death is involved.

“I think in this instance, this is a violent offense, this is a violent act, it’s not stealing a can of coke from a drug store,” she said.

Similar measures failed to garner support in both chambers of the General Assembly over the last seven years.

About Don Weber

Don Weber joined cn|2 when it launched back in May 2010 and soon became a reporter for Pure Politics. He is a graduate of Northern Kentucky University and has spent many years covering everything from politics to sports. Don says he loves meeting new people everyday as part of his job and also enjoys the fact that no two days are the same when he comes to work. Don Weber can be reached at donald.weber@twcnews.com.

Comments

  • viewer wrote on January 31, 2013 08:16 PM :

    I think they should double the fine for DUI. And if you get caught with a second or more offense, the gov should have the title to your car. The insurance company could pay off the money left owed to the bank, because in the long run it would save them money for not paying for medical bills that the driver will soon cause. The state would sell the car and take half the proceeds. The other half would go into a trust to help people that have been victims of a drunk driver. No excuses for a drunk driver on the roads. None…..

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