HB 1485-FN – AS INTRODUCED

2014 SESSION

14-2311

03/04

HOUSE BILL 1485-FN

AN ACT relative to vulnerable users of highways.

SPONSORS: Rep. Peterson, Hills 21; Rep. Cebrowski, Hills 7; Rep. LeBrun, Hills 32; Rep. Muns, Rock 21; Rep. Verschueren, Straf 13; Rep. Carson, Merr 7; Rep. Schlachman, Rock 18; Sen. Carson, Dist 14

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill increases the penalty for vehicular assault when the victim is a vulnerable user, as defined in the bill.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

14-2311

03/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fourteen

AN ACT relative to vulnerable users of highways.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Vehicular Assault. Amend RSA 265:79-a to read as follows:

265:79-a Vehicular Assault.

I. Any person who, without intent, causes death or serious bodily injury as defined in RSA 625:11, VI to another while using a vessel or propelled vehicle as defined in RSA 637:9, III shall be guilty of a class A misdemeanor, where such person’s unlawful operation of the propelled vehicle or vessel causes or materially contributes to the collision, or guilty of a class B felony where such person’s unlawful operation of the propelled vehicle or vessel causes or materially contributes to the collision and the victim is a vulnerable user as defined in paragraph II. [Evidence that the driver violated any of the rules of the road shall be prima facie evidence that the driver caused or materially contributed to the collision.]

II. In this section, “vulnerable user” means:

(a) A pedestrian, including a person engaged in work in or along a highway or engaged in the provision of emergency services within a right-of-way.

(b) A person riding an animal.

(c) A person lawfully operating any of the following on a way or the shoulder of a way: bicycle, implement of husbandry, skateboard, roller skates, in-line skates, scooter, moped, motorcycle, horse-drawn carriage, electric personal assistive mobility device, or wheelchair.

2 Effective Date. This act shall take effect January 1, 2015.

LBAO

14-2311

11/26/13

HB 1485-FN - FISCAL NOTE

AN ACT relative to vulnerable users of highways.

FISCAL IMPACT:

METHODOLOGY: