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SPONSOR: |
Sen. Sokola |
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Sen.
Peterson; Reps. Osienski, Wilson |
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DELAWARE STATE SENATE 148th GENERAL ASSEMBLY |
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SENATE SUBSTITUTE NO. 1 FOR SENATE BILL NO. 150 |
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AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO RULES OF THE ROAD. |
Section 1. Amend Title 21 of the Delaware Code by making
deletions as shown by strike through and insertions as shown by underline as
follows:
§ 4176E
Operation of a Vehicle Causing Injury to a Vulnerable User of a Public
Right-of-Way.
(a)
A
person is guilty of operation of a vehicle causing injury to a vulnerable user
of a public right-of-way when, in the course of driving or operating a motor
vehicle or OHV in violation of any provision of this chapter other than
§
4177 of this title, the person’s driving or operation of the vehicle or OHV
causes serious physical injury to a vulnerable user lawfully in the public
right-of-way.
(b)
Whoever
violates this section:
(1)
Shall
be fined $550 and have their license and driving privileges, or both, suspended
for up to one year; and
(2)
Shall
complete a traffic safety course approved by the Delaware Division of Motor Vehicles;
and
(3)
Shall
perform not less than 10, nor more than 100, hours of community service which must include
activities related to driver improvement and providing public education on traffic
safety.
(c)
The
court may suspend up to $500 and the imposition of the suspension of license
and driving privileges, or both. Any
sentence suspended pursuant to this subsection shall be on the condition that
the offender shall complete the remaining provisions of the sentence and the
court shall set a hearing date at a time within 1 year of the date of
sentencing. At that hearing, the court shall:
(1)
If the
person has successfully completed the requirements described in paragraphs
(b)(2) and (b)(3) of this section, dismiss the penalties imposed under
paragraph (b)(1) of this section; or
(2)
If the
person has not successfully completed the requirements described in paragraphs
(b)(2) and (b)(3) of this section, either:
a. Grant
the person an extension based on good cause shown, or
b. Impose
those portions of the sentence suspended pursuant to subsection (c) of this
section.
In
no event shall more than one extension be granted for good cause shown.
(d) As
used herein, "vulnerable user of a public right-of-way" means:
(1) A
pedestrian, including those persons actively engaged in work upon a highway, or
in work upon utility facilities along a highway, or engaged in the provision of
emergency services within the right-of-way; or
(2) A
person riding an animal; or
(3) A
person operating any of the following on a public right-of-way, crosswalk, or
shoulder of the highway:
a. A
farm tractor or similar vehicle designed primarily for farm use;
b. A
skateboard;
c. Roller
skates;
d. In-line
skates;
e. A
scooter;
f. A
moped;
g. A
bicycle; or
h. A
motorcycle.
(e) Any
person cited for a violation of this section shall not be permitted to use the
voluntary assessment process otherwise permitted under § 709 of this title.
(f)
Nothing in this section shall be deemed to preclude prosecution under any other
provision of this Chapter.
§ 4176 Careless
or inattentive driving.
(d)(1) In
addition to any other penalty imposed for an offense committed under this
section, if the finder of fact determines that the commission of that offense
contributed to the serious physical injury of a vulnerable user lawfully in the
public right-of-way, the court shall:
a. Impose
a sentence that requires the person convicted of the offense to:
1. Complete
a traffic safety course approved by the Delaware Division of Motor Vehicles;
2. Perform
up to 100 hours of community service, which must include activities related to
driver improvement and providing public education on traffic safety;
b. Impose,
but suspend on the condition that the person complete the requirements of
paragraph (d)(1)a. of this section,
1. A
fine of not more than $550; and
2. A
suspension of driving privileges as provided in § 2733(a)(2) of this title; and
3. Set
a hearing date up to 1 year from the date of sentencing. At that hearing, the
court shall:
A. If
the person has successfully completed the requirements described in paragraph
(d)(1)a. of this section, dismiss the penalties imposed under paragraphs
(d)(1)b.1. and 2. of this section.
B. If
the person has not successfully completed the requirements described in
paragraph (d)(1)a. of this section, either: I. Grant the person an
extension based on good cause shown, or II. Impose the penalties under
paragraphs (d)(1)b.1. and 2. of this section.
(2) The
police officer issuing the citation for an offense under this section shall
note on the citation if the cited offense contributed to the serious physical
injury of a vulnerable user of the public right-of-way. If so noted, the person
receiving the citation shall not be permitted to use the voluntary assessment
process otherwise permitted under § 709 of this title.
(3) As
used herein, "vulnerable user of a public right-of-way" means:
a. A
pedestrian, including those persons actually engaged in work upon a highway, or
in work upon utility facilities along a highway, or engaged in the provision of
emergency services within the right-of-way; or
b. A
person riding an animal; or
c. A
person operating any of the following on a public right-of-way, crosswalk, or
shoulder of the highway:
1. A
farm tractor or similar vehicle designed primarily for farm use;
2. A
skateboard;
3. Roller
skates;
4. In-line
skates;
5. A
scooter;
6. A
moped;
7. A
bicycle; or
8. A
motorcycle.
SYNOPSIS
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This bill enhances penalties for violations when a victim is
vulnerable user (as defined) of a right-of-way who experiences serious
physical injury. It expands vulnerable user protection from careless or
inattentive driving violations to all rules of the road. The substitute was necessary to restructure
the section and replace the definition of a vulnerable user. |
Author: Senator Sokola