Louisiana Senate Bill SB52

Louisiana 2020 Regular Session

• Introduced: 2/19/20
• Refer: 2/19/20
• Refer: 3/9/20

Caption

Creates the crime of infliction of serious injury or death on a vulnerable road user. (gov sig)

Impact

If enacted, SB52 would amend existing Louisiana law to establish penalties for those found guilty of inflicting serious injuries or causing death to vulnerable road users. Penalties could include fines of up to $2,000, imprisonment for a maximum of six months, suspension of driving privileges for up to one year, as well as mandatory participation in a motor vehicle accident prevention program or community service. The intent behind these measures is to deter reckless driving and promote safer road environments for vulnerable road users, aiming to reduce traffic incidents that result in serious harm or fatalities.

Summary

Senate Bill 52, introduced by Senator McMath, creates a new crime in Louisiana called the infliction of serious injury or death on a vulnerable road user. This bill aims to enhance the protection of individuals who are considered vulnerable on the road, including pedestrians, cyclists, and those using assistive devices. The legislation outlines specific elements that constitute the offense, making it clear that serious bodily injury or death of a vulnerable road user must be a direct result of a violation of applicable traffic laws by the driver of a motor vehicle. The bill also defines 'vulnerable road user' broadly to encompass various categories of individuals on or near the roadway who may be at a higher risk in traffic situations.

Sentiment

The sentiment surrounding SB52 appears supportive, particularly among advocates for road safety and vulnerable populations. Proponents argue that this bill is a necessary step towards improving protections for individuals who may lack the physical protection of a vehicle, thus addressing a critical gap in current traffic law enforcement. However, while the emphasis is on safeguarding vulnerable users, the bill could also face scrutiny regarding the enforcement of the new provisions and whether they will effectively lead to changes in driver behavior.

Contention

Despite the positive sentiment from advocates, potential contention might arise regarding the bill’s implementation and enforcement challenges. Critics may question how effectively law enforcement can attribute serious injuries or fatalities specifically to traffic violations under this new legal framework. Additionally, there may be concerns about whether existing drivers are sufficiently aware of the expanded definitions and implications of this law, which could lead to confusion or inconsistent enforcement in practice.