Traffic violations resulting in harm to vulnerable highway users and providing a penalty

Under this bill, a person who causes bodily harm by OWI to a vulnerable highway user is guilty of a Class H felony.

Under current law, the operator of a vehicle must yield the right-of-way to another vehicle under certain circumstances, including: when turning left across traffic; at an intersection posted with a yield sign; when entering a through highway or a highway from an alley or driveway or from a parked or standing position; or when entering a highway from another highway that ends at a "T" intersection. A person who fails to yield the right-of-way as required is subject to a forfeiture of not less than $20 nor more than $50 for a first offense and not less than $50 nor more than $100 for any subsequent offense within a year. However, if the violation results in bodily harm, great bodily harm, or death to another, the person must forfeit, respectively, $200, $500, or $1,000 for the violation and the court must suspend the person's operating privilege for, respectively, 30 days, 90 days, or 9 months.

Under this bill, if such a failure to yield violation results in harm to a vulnerable highway user, the penalty is increased to a Class I felony, punishable by a fine not exceeding $10,000 or imprisonment not exceeding three years and six months or both, and the court must suspend the person's operating privilege for a period of one year.

Under current law, the operator of a motor vehicle must yield the right-of-way to livestock being driven over or along the highway. A person who fails to yield the right-of-way to livestock is subject to a forfeiture of not less than $10 nor more than $20 for the first offense and not less than $25 nor more than $50 for the second or subsequent offense within a year.

Under this bill, if such a failure to yield to livestock violation results in harm to a vulnerable highway user, the penalty is increased to a Class I felony and the court must suspend the person's operating privilege for a period of one year.

Under current law, the operator of a motor vehicle overtaking a bicycle or EPAMD proceeding in the same direction must exercise due care, leaving a safe distance but at least three feet clearance when passing the bicycle or EPAMD, and must maintain clearance until safely past the overtaken bicycle or EPAMD. Also, if the operator of a motor vehicle overtakes a motor bus that is stopped at an intersection on the right side of the roadway and that is receiving or discharging passengers, the operator must pass at a safe distance to the left of the motor bus and may not turn to the right in front of the motor bus at that intersection. A person who commits such a passing violation is subject to a forfeiture of not less than $25 nor more than $200 for the first offense and not less than $50 nor more than $500 for the second or subsequent offense within four years.

Under this bill, if such a passing violation results in harm to a vulnerable highway user, the penalty is increased to a Class I felony and the court must suspend the person's operating privilege for a period of one year.

Current law prohibits inattentive driving of a motor vehicle, which includes:

1) being so engaged or occupied, while driving a motor vehicle, as to interfere with the safe driving of the vehicle; 2) operating a motor vehicle equipped with a television or similar device in the front of the vehicle or otherwise visible to the operator; and 3) driving a motor vehicle while composing or sending an electronic text message or an e-mail message. Any person who commits forms 1) and 3) of inattentive driving is subject to a forfeiture of not less than $20 nor more than $400 and any person who commits form 2) of inattentive driving is subject to a forfeiture of not less than $20 nor more than $40 for the first offense and not less than $50 nor more than $100 for the second or subsequent offense within a year.

Under this bill, if any inattentive driving violation results in harm to a vulnerable highway user, the penalty is increased to a Class I felony and the court must suspend the person's operating privilege for a period of one year.

Current law prohibits a person from causing bodily harm or great bodily harm to another by the negligent operation of a vehicle (reckless driving). A person who commits a reckless driving violation that causes bodily harm is subject to a fine of not less than $300 nor more than $2,000 and may be imprisoned for not less than 30 days nor more than one year. A person who commits a reckless driving violation that causes great bodily harm is guilty of a Class I felony and must have his or her operating privilege revoked by the Department of Transportation (DOT) for one year.

Under this bill, a reckless driving violation that causes harm or great bodily harm to a vulnerable highway user is punishable as a Class H felony and the violator must have his or her operating privilege revoked by DOT for a period of two years.

Under current law, local authorities may enact and enforce traffic regulations that are in strict conformity with state statutes and that provide for a forfeiture as a penalty.

Under this bill, if a local authority enacts a traffic regulation in strict conformity with a state statute and the statutory penalty is doubled if the violation results in harm to a vulnerable highway user, the applicable ordinance penalty for the ordinance violation must also include the doubling of the forfeiture.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.