Louisiana 2021 Regular Session

Louisiana House Bill HB11 Latest Draft

Bill / Introduced Version

                            HLS 21RS-155	ORIGINAL
2021 Regular Session
HOUSE BILL NO. 11
BY REPRESENTATIVE THOMAS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIME:  Creates the crime of infliction of serious injury or death on a road user and
provides for penalties
1	AN ACT
2To enact R.S. 14:39.3, relative to offenses against the person; to create the crime of
3 infliction of serious injury or death on a road user; to define road user; to provide
4 relative to the issuance of a traffic citation; to provide for criminal penalties; and to
5 provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1.  R.S. 14:39.3 is hereby enacted to read as follows: 
8 ยง39.3.  Infliction of serious injury or death on a road user
9	A.  Infliction of serious injury or death on a road user is the inflicting of
10 serious bodily injury upon the person of a road user or the killing of a road user when
11 caused directly or indirectly by an offender operating a motor vehicle in violation of
12 any applicable traffic law and the violation of such traffic law was the cause of such
13 injury or death.
14	B.  For purposes of this Section, "road user" includes the following:
15	(1)  A pedestrian, including but not limited to a person engaged in work upon
16 a public highway or other roadway, a person engaged in utility or facility work along
17 a public highway or other roadway, or a person engaged in emergency services
18 within the right-of-way of a public highway or other roadway.
19	(2)  A person riding or leading an animal upon a public highway or other
20 roadway.
Page 1 of 3
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-155	ORIGINAL
HB NO. 11
1	(3)  A person lawfully operating or riding any of the following on a public
2 right-of-way, crosswalk, or shoulder of a public highway or other roadway:
3	(a)  A bicycle, tricycle, or other human-powered vehicle designed to transport
4 by pedaling.
5	(b)  A farm tractor or similar vehicle designed primarily for farm use.
6	(c)  A skateboard, roller skates, or inline skates.
7	(d)  A motorcycle, moped, or scooter.
8	(e)  An animal-drawn wheeled vehicle, farm equipment, or sled.
9	(f)  An electric personal assistive mobility device.
10	(g)  A wheelchair, rolling walker, or any other type of walker.
11	C.  A person issued a traffic citation pursuant to this Section shall attend a
12 hearing on the citation before a court having jurisdiction over the alleged offense.
13	D.  Whoever commits the crime of infliction of serious injury or death on a
14 road user may have his driving privileges suspended for a period of not more than
15 one year and, in addition, may be fined not more than two thousand dollars,
16 imprisoned for not more than six months, ordered to complete a court-approved
17 motor vehicle accident program, or ordered to perform not more than two hundred
18 hours of court-approved community service activities.
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)]
HB 11 Original 2021 Regular Session	Thomas
Abstract:  Creates the crime of infliction of serious injury or death on a road user and
provides for penalties.
Proposed law creates the crime of infliction of serious injury or death on a road user and
defines it as the inflicting of serious bodily injury upon the person of a road user or the
killing of a road user when caused directly or indirectly by an offender operating a motor
vehicle in violation of any applicable traffic law and the violation of such traffic law was the
cause of such injury or death.
Proposed law provides that "road user" includes the following:
(1)A pedestrian, including but not limited to a person engaged in work upon a public
highway or other roadway, a person engaged in utility or facility work along a public
Page 2 of 3
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions. HLS 21RS-155	ORIGINAL
HB NO. 11
highway or other roadway, or a person engaged in 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 human-powered vehicle designed to transport by
pedaling.
(b)A farm tractor or similar vehicle designed primarily for farm use.
(c)A skateboard, roller skates, or inline 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, rolling walker, or any other type of walker.
Proposed law requires a person issued a traffic citation to attend a hearing on the citation
before a court having jurisdiction over the alleged offense.
Proposed law provides that any person who commits the proposed law crime may have his
driving privileges suspended for a period of not more than one year and, in addition, may be
fined not more than two thousand dollars, imprisoned for not more than six months, ordered
to complete a court-approved motor vehicle accident program, or ordered to perform not
more than two hundred hours of court-approved community service activities.
(Adds R.S. 14:39.3)
Page 3 of 3
CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.