HB2836112th GA (Historical)Introduced

Amends TCA Title 39 and Title 55.

This bill enhances the punishment for drivers who fail to exercise due care, as discussed below. Present law generally requires drivers to exercise due care, and failure to do so is a Class C misdemeanor. Under present law, these "due provisions" provide for drivers exercising due care to avoid colliding with any pedestrian upon any roadway, giving warning by sounding the horn when necessary, and exercising proper precaution upon observing any child or any confused or incapacitated person upon a roadway. The provisions further specify that notwithstanding any speed limit or zone in effect at the time, or right-of-way rules that may be applicable, every driver of a vehicle must exercise due care by operating the vehicle at a safe speed, by maintaining a safe lookout, by keeping the vehicle under proper control and by devoting full time and attention to operating the vehicle, under the existing circumstances as necessary in order to be able to see and to avoid endangering life, limb or property and to see and avoid colliding with any other vehicle or person, or any road sign, guard rail or any fixed object either legally using or legally parked or legally placed, upon any roadway, within or beside the roadway right-of-way including, but not limited to, any adjacent sidewalk, bicycle lane, shoulder or berm. This bill enhances the punishment of the above-described provisions to a Class A misdemeanor if the violation results in serious bodily injury to another person. A violation will be enhanced to a Class E felony if the violation results in the death of another person. This bill requires the court to send the department of safety a record of a conviction for the Class A misdemeanor or Class E felony. The court must indicate on the record or abstract whether the violation resulted in serious bodily injury of another or death of another. Upon conviction, the court may revoke the license or permit to drive and any nonresident operating privilege of a person convicted for the Class A misdemeanor or Class E felony for a period of up to six months if the violation results in serious bodily injury of another, and up to one year if the violation results in death of another.

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Overview

This bill enhances the punishment for drivers who fail to exercise due care, as discussed below. Present law generally requires drivers to exercise due care, and failure to do so is a Class C misdemeanor. Under present law, these "due provisions" provide for drivers exercising due care to avoid colliding with any pedestrian upon any roadway, giving warning by sounding the horn when necessary, and exercising proper precaution upon observing any child or any confused or incapacitated person upon a roadway. The provisions further specify that notwithstanding any speed limit or zone in effect at the time, or right-of-way rules that may be applicable, every driver of a vehicle must exercise due care by operating the vehicle at a safe speed, by maintaining a safe lookout, by keeping the vehicle under proper control and by devoting full time and attention to operating the vehicle, under the existing circumstances as necessary in order to be able to see and to avoid endangering life, limb or property and to see and avoid colliding with any other vehicle or person, or any road sign, guard rail or any fixed object either legally using or legally parked or legally placed, upon any roadway, within or beside the roadway right-of-way including, but not limited to, any adjacent sidewalk, bicycle lane, shoulder or berm. This bill enhances the punishment of the above-described provisions to a Class A misdemeanor if the violation results in serious bodily injury to another person. A violation will be enhanced to a Class E felony if the violation results in the death of another person. This bill requires the court to send the department of safety a record of a conviction for the Class A misdemeanor or Class E felony. The court must indicate on the record or abstract whether the violation resulted in serious bodily injury of another or death of another. Upon conviction, the court may revoke the license or permit to drive and any nonresident operating privilege of a person convicted for the Class A misdemeanor or Class E felony for a period of up to six months if the violation results in serious bodily injury of another, and up to one year if the violation results in death of another.

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 2, 2022

Subjects
1210482348753300

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