Aggravated vehicular assault

(a) As used in this section, “prior conviction” means an offense for which the person was convicted prior to the aggravated vehicular assault charge. This definition includes prior convictions from this state or any other state, district, or territory of the United States within the last twenty (20) years. (b) A person commits aggravated vehicular assault who: (1) (A) Commits vehicular assault, as defined in § 39-13-106; and (B) (i) Has two (2) or more prior convictions for driving under the influence of an intoxicant, as defined in § 55-10-401, or boating under the influence, as defined in § 69-9-217(a); or (ii) Has one (1) or more prior convictions for: (a) Vehicular assault; (b) Vehicular homicide, as defined in § 39-13-213(a)(2); or (c) Aggravated vehicular homicide, as defined in § 39-13-218; or (2) (A) Had an alcohol concentration in the person’s blood or breath of twenty-hundredths of one percent (0.20%) or more at the time of the offense; and (B) Has one (1) prior conviction for driving under the influence of an intoxicant, as defined in § 55-10-401, or boating under the influence, as defined in § 69-9-217(a). (c) The indictment, in a separate count, shall specify, charge, and give notice of the required prior conviction or convictions. If the person is convicted of vehicular assault under § 39-13-106, the trier-of-fact shall separately consider whether the person has the required aggravating factors necessary to commit aggravated vehicular assault. (d) For the purpose of determining if a person has sufficient aggravating factors to qualify for aggravated vehicular assault, applicable prior convictions occurring prior to July 1, 2015, may be used; provided, that the conduct constituting aggravated vehicular assault occurs on or after July 1, 2015. (e) A violation of this section is a Class C felony, and there shall additionally be imposed a fine of not less than five thousand dollars ($5,000) nor more than fifteen thousand dollars ($15,000). (f) Upon conviction for aggravated vehicular assault, the court shall prohibit the convicted person from driving a vehicle or operating a vessel subject to registration in this state pursuant to § 39-13-106(c).