This is the All Road Users Protection Act, show below that I have been trying to get passed for 3 years. It is going before the La. Senate Judiciary Committee C on April 12 or 19, 2016 at 10 am. I am not sure what date yet. This is needed as there are no enhanced penalties such as suspension of drivers license or jail time if the car driver does not have a stop or yield sign and fails to yield. The bill is supported by A.B.A.T.E.

This Bill protects all road users from distracted drivers including pedestrians, motorcyclists bicyclists, scooter riders, pedestrians, elderly in mobility devices, farmers with farm vehicles, and children.

Presently if a motorists kills/maims another non-car road user they only get a $100 fine plus court costs of about $182.00.

We need all motorcyclists but especially all bicyclists, scooter riders, pedestrians, elderly in mobility devices, farmers with farm vehicles, and children to support this and show up a this hearings and to contact their representative or senator to approve this bill.

A copy of the All Road Users Protection Act bill SB No. 171 is shown below. Thanks to Senator Gary Smith and Rep. Stephanie Hilferty for introducing this bill. Be sure to write or call and thank them.

2016 Regular Session SENATE BILL NO. 171
BY SENATOR GARY SMITH AND REPRESENTATIVE HILFERTY

CRIME/PUNISHMENT. Creates the crime of infliction of serious injury or death on a public road user. (gov sig)

1 AN ACT

2 To enact R.S. 14:39.3, creating the crime of infliction of serious injury or death on a public

3 road user; to provide elements of the crime; to provide definitions; to provide

4 penalties; and to provide for related matters.

5 Be it enacted by the Legislature of Louisiana:

6 Section 1. R.S. 14:39.3 is hereby enacted to read as follows:

7 §39.3. Infliction of serious injury or death on a public road user

8 A. Infliction of serious injury or death on a public road user is the

9 inflicting of serious bodily injury upon the person of a public road user or the

10 killing of a public road user when caused proximately or caused directly by an

11 offender engaged in the operation of a motor vehicle in a careless or distracted

12 manner.

13 B. For purposes of this Section, “public road user” includes:

14 (1) A pedestrian, including but not limited to a person engaged in work

15 upon a public highway or other roadway, or in work upon utility facilities along

16 a public highway or other roadway, or engaged in the provision of emergency

17 services within the right-of-way of a public highway or other roadway.

SB NO. 171

1 (2) A person riding or leading an animal upon a public highway or other

2 roadway.

3 (3) A person lawfully operating or riding any of the following on a public

4 right-of-way, crosswalk, or shoulder of a public highway or other roadway:

5 (a) A bicycle, tricycle, or other pedal-powered vehicle.

6 (b) A farm tractor or similar vehicle designed primarily for farm use.

7 (c) A skateboard, roller skates, or in-line skates.

8 (d) A motorcycle, moped, or scooter.

9 (e) An animal-drawn wheeled vehicle, farm equipment, or sled.

10 (f) An electric personal assistive mobility device.

11 (g) A wheelchair, rollator, rolling walker, or walker.

12 C. A person issued a traffic citation pursuant to this Section shall be

13 required to attend a hearing on the citation before a court having jurisdiction

14 over the alleged offense.

15 D.(1) A person found to have committed an offense under this Section

16 when the victim suffers serious bodily injury may have his driving privileges

17 suspended for a period of not more than one year and in addition may be:

18 (a) Fined not more than two thousand dollars.

19 (b) Imprisoned for a period of not more than ninety days.

20 (c) Ordered to complete a court-approved motor vehicle accident

21 prevention program.

22 (d) Ordered to perform not more than two hundred hours of community

23 service.

24 (2) A person found to have committed an offense under this Section when

25 the victim dies may be imprisoned with or without hard labor for not more than

26 five years, fined not more than five thousand dollars, or both.

27 Section 2. This Act shall become effective upon signature by the governor or, if not

28 signed by the governor, upon expiration of the time for bills to become law without signature

29 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If

SB NO. 171

1 vetoed by the governor and subsequently approved by the legislature, this Act shall become

2 effective on the day following such approval.

The original instrument and the following digest, which constitutes no part of the legislative instrument, were prepared by Alden A. Clement Jr.

DIGEST
SB 171 Original 2016 Regular Session Gary Smith

Proposed law creates the crime of infliction of serious injury or death on a public road user, which is the inflicting of serious bodily injury upon the person of a public road user or the killing of a public road user when caused proximately or caused directly by an offender engaged in the operation of a motor vehicle in a careless or distracted manner.

Proposed law defines a “public road user” as:

(1) A pedestrian, including but not limited to a person engaged in work upon a public highway or other roadway, or in work upon utility facilities along a public highway or other roadway, or engaged in the provision of emergency services within the right-of-way of a public highway or other roadway.

(2) A person riding or leading an animal upon a public highway or other roadway.

(3) A person lawfully operating or riding any of the following on a public right-of-way, crosswalk, or shoulder of a public highway or other roadway:

(a) A bicycle, tricycle, or other pedal-powered vehicle.

(b) A farm tractor or similar vehicle designed primarily for farm use.

(c) A skateboard, roller skates, or in-line skates.

(d) A motorcycle, moped, or scooter.

(e) An animal-drawn wheeled vehicle, farm equipment, or sled.

(f) An electric personal assistive mobility device.

(g) A wheelchair, rollator, rolling walker, or walker.

Proposed law provides that a person issued a traffic citation pursuant to proposed law must attend a hearing on the citation before a court having jurisdiction over the alleged offense.

Proposed law provides that a person found to have committed an offense under proposed law when the victim suffers serious bodily injury may have his driving privileges suspended for a period of not more than one year and in addition may be:

(1) Fined not more than $2,000.

(2) Imprisoned for up to 90 days.

(3) Ordered to complete a court-approved motor vehicle accident prevention program.

(4) Ordered to perform not more than 200 hours of community service.

Proposed law provides that a person found to have committed an offense under proposed law

when the victim dies may be imprisoned with or without hard labor for not more than five years, fined not more than $5,000, or both.

Effective upon signature of the governor or lapse of time for gubernatorial action. (Adds R.S. 14:39.3)