HLS 10RS-680 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2010
HOUSE BILL NO. 687
BY REPRESENTATIVE SMILEY
MTR VEHICLE/VIOLATIONS: Increases penalties for operators of motor vehicles cited
for failure to yield the right-of-way
AN ACT1
To amend and reenact R.S. 32:123(E)(1), relative to motor vehicle traffic regulations; to2
increase the penalties for operators of motor vehicles cited for failure to yield the3
right-of-way; to provide for criminal penalties; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 32:123(E)(1) is hereby amended and reenacted to read as follows:6
ยง123. Stop signs and yield signs; penalties for violations7
* * *8
E.(1) Any person who is found guilty of or pleads guilty or nolo contendere9
to a violation of the provisions of this Section shall be subject to the following10
penalties:11
(a) If the violation results in the injury of another person, the offender shall12
be fined two five hundred dollars and may be subjected to a driver's license13
suspension for a period of not less than thirty ninety days, or both.14
(b) If the violation results in the serious bodily injury of another person, the15
offender shall be fined five hundred one thousand dollars and may be subjected to16
a driver's license suspension for a period of not less than ninety one hundred eighty17
days, or both.18
(c) If the violation results in the death of another person, the offender shall19
be fined one five thousand dollars and may be subjected to a driver's license20
suspension for a period of not less than one hundred eighty days, three hundred sixty21
days, or both.22 HLS 10RS-680 ENGROSSED
HB NO. 687
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(d) In addition to the fines and penalties set forth in Subparagraphs (a),(b),1
and (c) of this Paragraph, whoever is responsible for these violations shall be subject2
to the following penalties:3
(i) If the violation results in serious bodily injury of another person as4
defined in Paragraph (2) of this Subsection, the offender may be subjected to5
imprisonment of not less than ten days but no more than six months.6
(ii) If the violation results in the death of another person, the offender may7
be subject to imprisonment of not less than two months but no more than twelve8
months.9
* * *10
Section 2. This Act shall be designated and cited as the "Pickholtz Act".11
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Smiley HB No. 687
Abstract: Increases the penalties for operators of motor vehicles cited for failure to yield
the right-of-way. Provides for criminal penalties under certain circumstances.
Present law requires every driver and operator of a vehicle approaching an intersection
indicated by a stop sign to stop before entering the crosswalk at a clearly marked stop line,
but if none, then at the point nearest the intersecting roadway where the driver has a view
of approaching traffic on the intersecting roadway before entering the intersection.
Present law provides that after having stopped, the driver shall yield the right-of-way to all
vehicles which have entered the intersection from another highway or which are approaching
so closely on said highway as to constitute an immediate hazard.
Present law provides that at a four-way stop intersection, the driver of the first vehicle to
stop at the intersection shall be the first to proceed. Provides that if two or more vehicles
reach the intersection at the same time, the driver of the vehicle on the left shall yield the
right-of-way to the vehicle on the right.
Present law provides that the driver or operator of a vehicle approaching a yield sign shall
slow down to a speed reasonable for the existing conditions or shall stop if necessary, before
entering the crosswalk on the near side of the intersection. The driver shall yield the right-
of-way to any pedestrian legally crossing the roadway and to any vehicle in the intersection
or approaching on another highway as to constitute an immediate hazard.
Proposed law increases those penalties for operators of motor vehicles cited for failure to
yield the right-of-way as follows: HLS 10RS-680 ENGROSSED
HB NO. 687
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
(1)Increases the fine when the accident resulted in the injury of another person from
$200 to $500 and increases the possible driver's license suspension from 30 days to
90 days.
(2)Increases the fine when the accident results in serious bodily injury of another person
from $500 to $1,000 and increases the possible driver's license suspension from 90
days to 180 days.
(3)Increases the fine when the accident results in the death of another person from
$1,000 to $5,000 and increases the possible driver's license suspension from 180
days to 360 days.
Proposed law provides in addition to fines and penalties set for in present law, whoever is
responsible for such violations shall be subject to the following penalties:
(1)If the violations result in a serious bodily injury of another person as defined in
present law , the offender may be subjected to imprisonment of not less than 10 days
and up six months.
(2)If the violations result in the death of another person, the offender may be subjected
to imprisonment of not less than two months and up to 12 months.
Proposed law provides that the provisions under proposed law shall be known as the
"Pickholtz Act".
(Amends R.S. 32:123(E)(1))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Transportation, Highways
and Public Works to the original bill.
1. Added the probability of incarcerations.