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.