The original instrument was prepared by Alden A. Clement, Jr. The following digest,
which does not constitute a part of the legislative instrument, was prepared by
Thomas L. Tyler.
DIGEST
SB 171 Reengrossed 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 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 causing serious bodily
injury under proposed law 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 causing death under
proposed law 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)
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the original bill
1. Delete "distracted" driving as an element of the proposed law crime.
Senate Floor Amendments to engrossed bill
1. Changes terminology "when the victim suffers serious bodily injury" to "causing
serious bodily injury".
2. Changes terminology "when the victim dies" to "causing death".