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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 59th Legi slature (2023)
HOUSE BILL 2684 By: Hays
AS INTRODUCED
An Act relating to motor vehicles; modifying name of
section; amending 47 O.S. 2021, Section 11 -314, which
relates to approaching stat ionary authorized vehicles
on the roadway; modifying actions a driver shall take
upon approach of certain vehicles; making certain
acts unlawful; providing penalties upon conviction;
prohibiting application of fines and penalties under
certain circumstance s; and providing an effective
date.
BE IT ENACTED BY THE PEOP LE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2021, Section 11 -314, is
amended to read as follows:
Section 11-314. A. This section shall be kn own and may be
cited as "Bernardo's Law" the "Bernardo-Mills Law".
B. The driver of a motor vehicle, upon approaching a stationary
authorized emergency vehicle, a Department of Transportation
maintenance vehicle, a T urnpike Authority maintenance vehicle, a
stationary vehicle that is displaying flashing lights or a licensed
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wrecker that is displaying a flashing amber light, a combination red
or blue light or any combination of amber, red or blue lights,
shall:
1. If traveling on a highway that consists of two or more lanes
that carry traffic in the same direction of travel as that of the
driver, the driver shall proceed with due caution and shall, if
possible and with due regard to the road, weather, and traffic
conditions, change lanes into a lane that is not adjacent to the
stationary authorized emergency vehicle, a Department of
Transportation maintenance vehicle, a Turnpike Authority maintenance
vehicle, or licensed wrecker; or if the driver is not able to change
lanes or if to do so would be unsafe, the dr iver shall proceed with
due caution and reduce the speed of the motor vehicle to a safe
speed for the existing road, weather, and traffic conditio ns that is
at least ten (10) miles per hour below the posted speed limit; and
2. If traveling on a highway other than a highway described in
paragraph 1 of this subsection, the driver shall proceed with due
caution and reduce the speed of the motor vehicle to a safe speed
for the existing road, weather, and traffic condit ions that is at
least ten (10) miles per hour below the posted speed limit.
A person shall be guilty of the offense of endange rment of an
emergency worker for any offense committed in violation of this
subsection.
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C. This section does not relieve the oper ator of a stationary
authorized emergency vehicle, a Department of Transportation
maintenance vehicle, a Turnpike Authority maintenance vehicle, or
licensed wrecker from the consequences of reckless disregard f or the
safety of all persons and property upon the highway.
D. Upon conviction for committing the offense of endangerment
of an emergency worker pursuant to subsection B of this section, if
no injury or death of an emergency worker resulted from the offense,
and in addition to any other penalty autho rized by law, the person
shall be subject to a fine of:
1. One Thousand Dollars ($1,000.00) for a first offense; and
2. Two Thousand Five Hundred Dollars ($2,500.00) for a se cond
offense.
E. A person shall be deemed to commit the offense of aggravated
endangerment of an emergency worker upon conviction for any offense
pursuant to subsection B of this section when such offense results
in the injury or death of an emergency worker. Upon conviction for
committing the offense of aggravated endangerment of an emergency
worker, in addition to any other penalty authorized by law, the
person shall be subject to a fine of not more than Five Thousand
Dollars ($5,000.00) if the offense resulted in i njury to an
emergency worker and not more than Ten Thousand Dollars ($10,000.00)
if the offense result ed in the death of an emergency worker.
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F. No person shall be cited or convicted for endangerment of an
emergency worker or aggravated endangerment of an emergency worker,
for any act or omission otherwise constituting a n offense under
subsection B of this section, if such act or omission resulted, in
whole or in part, from mechanical failure of the vehicle of the
person or from the negligence of another perso n or an emergency
worker.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 02/14/2023 -
DO PASS.