SB 431

This bill creates penalty enhancements for traffic violations that result in

bodily harm, great bodily harm, or death (collectively "harm") to vulnerable highway

users. The bill defines "vulnerable highway user" as any of the following: 1) a

pedestrian; 2) a bicyclist; 3) an operator of an electric personal assistive mobility

device (EPAMD, commonly referred to by the tradename "Segway"); 4) an operator

of a motorcycle, moped, or motor bicycle; 5) an operator of, or passenger on, an

animal-drawn vehicle, farm tractor, farm truck tractor, farm trailer, or implement

of husbandry; 6) a person riding upon in-line skates, a horse, or a play vehicle; 7) a

law enforcement officer, traffic officer, fire fighter, or emergency medical technician,

while performing his or her official duties; or 8) a person who is rendering medical

or emergency assistance to another person. For most traffic violations, the bill

doubles the applicable forfeiture or fine if the violation results in harm to a

vulnerable highway user, and this doubling is in addition to any other applicable

penalty enhancement, such as the doubling for certain traffic violations committed

in highway maintenance or construction areas or in utility work areas. However, for

specific violations, the bill makes the offense a Class I or Class H felony if the

violation results in harm to a vulnerable highway user. A Class I felony is punishable

by a fine not exceeding $10,000 or imprisonment not exceeding three years and six

months or both. A Class H felony is punishable by a fine not exceeding $10,000 or

imprisonment not exceeding six years or both. Provisions of current law that

increase the forfeiture or fine for violations committed under certain circumstances,

such as in highway maintenance or construction areas or in utility work areas,

continue to apply to these new, higher penalties.

Under current law, a person who causes the death of another by operating or

handling a vehicle while under the influence of an intoxicant is guilty of a Class D

felony or, if the person has been convicted of a prior operating under the influence

of an intoxicant or other drug (OWI) offence relating to, a Class C felony. A Class C

felony is punishable by a fine not exceeding $100,000 or imprisonment not exceeding

40 years or both. A Class D felony is punishable by a fine not exceeding $100,000 or

imprisonment not exceeding 25 years or both. A person who causes great bodily

harm to another by OWI is guilty of a Class F felony. A Class F felony is punishable

by a fine not exceeding $25,000 or imprisonment not exceeding 12 years and 6

months or both. A person who causes injury to another by OWI may be fined not less

then $300 nor more than $2,000 and imprisoned for not less than 30 days nor more

than one year or, if the person has been convicted of a prior OWI-related offense, is

guilty of a Class H felony.

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