AB 388

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 a moped or motor bicycle; 4) an operator

of, or passenger on, an animal-drawn vehicle, farm tractor, farm truck tractor, farm

trailer, or implement of husbandry; 5) a person riding upon in-line skates, a horse,

or a play vehicle; 6) a law enforcement officer, traffic officer, fire fighter, or emergency

medical technician, while performing his or her official duties; or 7) 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, as discussed below, for specific violations, the bill makes the offense a Class

B misdemeanor if the violation results in great bodily harm to a vulnerable highway

user or a Class A misdemeanor if the violation results in death to a vulnerable

highway user. A Class B misdemeanor is punishable by a fine not exceeding $1,000

or imprisonment not exceeding 90 days or both. A Class A misdemeanor is

punishable by a fine not exceeding $10,000 or imprisonment not exceeding 9 months

or both.

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) offense 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. In addition, if a person is convicted

of causing the death of another by OWI, the Department of Transportation (DOT)

must in most cases revoke the person's operating privilege for 5 years. 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. In addition, if a person is convicted of causing great

bodily harm to another by OWI, DOT must in most cases revoke the person's

operating privilege for 2 years. 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, the penalties are doubled for a person who causes injury by OWI

to a vulnerable highway user. Also, DOT must in most cases revoke the person's

operating privilege for 5 years and 6 months or 2 years and 6 months, respectively,