Careless driving; infliction of injury on vulnerable road user. (SB1339)

Introduced By

Sen. Scott Surovell (D-Mount Vernon)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Careless driving; cause of injury to vulnerable road user. Provides that a person who operates a motor vehicle in a careless or distracted manner and is the proximate cause of serious physical injury to a vulnerable road user, defined in the bill as a pedestrian or person riding a bicycle, electric wheelchair, electric bicycle, wheelchair, skateboard, skates, foot-scooter, animal, or animal-drawn vehicle, is guilty of a Class 1 misdemeanor and shall have his license suspended. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/10/2017Prefiled and ordered printed; offered 01/11/17 17102825D
01/10/2017Referred to Committee on Transportation
01/19/2017Impact statement from DPB (SB1339)
01/25/2017Reported from Transportation with amendments (9-Y 4-N) (see vote tally)
01/27/2017Constitutional reading dispensed (39-Y 0-N) (see vote tally)
01/30/2017Read second time
01/30/2017Reading of amendments waived
01/30/2017Committee amendments agreed to
01/30/2017Engrossed by Senate as amended SB1339E
01/30/2017Printed as engrossed 17102825D-E
01/31/2017Read third time and passed Senate (21-Y 19-N) (see vote tally)
02/03/2017Placed on Calendar
02/03/2017Read first time
02/03/2017Referred to Committee on Transportation
02/07/2017Assigned Transportation sub: Subcommittee #1
02/13/2017Subcommittee recommends referring to Committee for Courts of Justice
02/14/2017Referred from Transportation
02/14/2017Referred to Committee for Courts of Justice
02/14/2017Assigned Courts sub: Criminal Law
02/15/2017Subcommittee recommends laying on the table
02/21/2017Left in Courts of Justice

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 11 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.



Sen. John Edwards (D-Roanoke): ARE IN THE HOSPITAL, THEY NEED TREATMENT, BUT TO THREATEN THEM WITH A MIN -- MINIMUM MANDATORY SENTENCING LIKE THIS GOES ABOVE AND BEYOND WHAT WE OUGHT TO BE DOING. AGAIN, IT'S ALREADY A CRIME. IN THE RIGHT CASE, THE JUDGE OR EVEN THE JURY WILL HANDLE THE CASE IN AN APPROPRIATE FASHION, BUT BECAUSE IT HAS A MINIMUM MANDATORY SENTENCING, WHICH IS TOTALLY UNNECESSARY, I'M VOTING AGAINST THE BILL.

[Unknown]: THANK YOU, MR. SENATOR. THE SENATOR FROM HENRICO, SENATOR DUNNAVANT.

Sen. Siobhan Dunnavant (R-Henrico): I WOULD SAY THAT THERE ARE PATIENTS IN THE HOSPITAL THAT ARE NOT AWARE OF WHAT THEY'RE DOING, BUT IN MY YEARS AS A NURSE, THERE WAS MANY PATIENTS -- I WAS ASSAULTED MANY TIMES, SPIT ON, KICKED EVEN WHEN I WAS PREGNANT, HIT REPETITIVELY BY THE SAME PATIENTS AND THESE WERE PATIENTS THAT HAD FULL KNOWLEDGE OF WHAT THEY WERE DOING AND EVEN THAT I WAS PREGNANT AND THEY SHOULDN'T BE DOING IT, SO THERE IS A DISCREPANCY RIGHT NOW IN PROTECTION. THE EMERGENCY ROOM HEALTHCARE PROVIDERS VIT AND THE REST OF THE HOSPITAL DOES NOT. WE HEAR ABOUT THIS PRESENT FREQUENTLY THROUGHOUT THE HOSPITAL AND THERE NEED TO BE DETERRENTS SET AND CLEARLY THOSE THAT EXIST NOW ARE NOT SUFFICIENT. I THINK WITH THIS CHANGE IN LEGISLATION AND PENALTY, THERE COULD BE POSTING IN HOSPITALS AND THOSE THAT ARE CAPABLE OF BEING ACCOUNTABLE WILL BE HELD ACCOUNTABLE. NOW, I WILL SAY, YOU'RE TALKING ABOUT NURSES AND OTHER HEALTHCARE PROVIDERS. THEY GET IT WHEN SOMEBODY IS SICK, AND WHEN SOMEBODY IS NOT IN THEIR RIGHT MIND AND THEY MAY GET INJURED AND THAT'S PART OF THE JOB, BUT MALICIOUSLY BEING ASSAULTED IS NOT, AND WE NEED TO STAND UP FOR THESE PEOPLE THAT ARE CARING FOR OUR FAMILIES AND EVERYBODY ELSE.

[Unknown]: THANK YOU, SENATOR. THANK YOU. THE SENATOR FROM FAIRFAX CITY, SENATOR PETERSEN.

Sen. Chap Petersen (D-Fairfax): THANK YOU, MR. PRESIDENT. RISE TO SPEAK AGAINST THE BILL.

[Unknown]: THE SENATOR HAS THE FLOOR.

Sen. Chap Petersen (D-Fairfax): MR. PRESIDENT, LADIES AND GENTLEMEN OF THE SENATE, I JUST MAKE COUPLE POINTS. THIS STATUTE, 18.2-57, WHEN WE ADDED SUBPART C, IT ORIGINALLY WAS TO PROTECT POLICE OFFICERS, AND THEN WE ADDED TO THAT JUDGES, MAGISTRATES AND OTHER PEOPLE PART OF THE CRIMINAL JUSTICE SYSTEM, BUT THAT WAS THE ORIGINAL PURPOSE OF THE STATUTE THAT -- ASSAULT AND BATTERY IS ALREADY ILLEGAL, BUT WE WANTED TO CARVE OUT POLICE OFFICERS AND LAW ENFORCEMENT BECAUSE THEY HOLD A SPECIAL ROLE AND WHEN YOU ASSAULT THEM, IT CREATES A BREACH OF THE PEACE. THEN WE ADDED SCHOOL CROSSING GUARDS AND GOT INTO EDUCATION AND NOW HEALTHCARE. PRETTY SOON YEAR GOING TO GET INTO INSURANCE ADJUSTERS, THE LIST IS GOING TO GO ON AND ON. NO, IT WON'T BE TRIAL ATTORNEYS, WE'LL NEVER GO THAT FAR, BUT POINT IS, LADIES AND GENTLEMEN, WE HAVE A STATUTE THAT CRIMINALIZING ASSAULT AND BATTERY. WE CARVED OUT LAW ENFORCEMENT AS A SPECIAL CATEGORY WHERE THAT REALLY BREACHES THE PEACE AND CALLS INTO QUESTION LAW AND ORDER, BUT NOW WE'RE ADDING SO MUCH PROFESSIONAL CATEGORIES WHERE PEOPLE FEEL IF I DON'T VOTE FOR THIS BILL, I'M SOMEHOW SHOWING DISRESPECT FOR THAT PROFESSION. I'M NOT, WE RNT THE PROFESSION, BUT WE HAVE TO HAVE UNIFORM LAWS AND I HOPE WE STRIKE SOME MEASURE OF UNIFORMITY AND REJECT THE BILL.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL SENATE BILL 973 RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 28, NOS 12. AYES 28, NOS 12. THE BILL PASSES. SENATE BILL 1023, RELATING TO CONCEALED HANDGUN PERMITS, ACCESS TO VIRGINIA CRIMINAL INFORMATION NETWORK. THE SENATOR FROM BEDFORD, SENATOR STUART.

Sen. Richard Stuart (R-Westmoreland): MOVE THE BILL AND SPEAKING.

[Unknown]: THE SENATOR HAS THE FLOOR.

Sen. Richard Stuart (R-Westmoreland): THANK YOU. DESPITE THE TITLE OF THIS, MR. PRESIDENT, THIS IS NOT A GUN BILLS ABOUT WHAT THIS IS IS AN INFORMATION BILL AND WHAT THE BILL SAYS IS THE STATE POLICE IN VIRGINIA SHALL NOT LET LAW ENFORCEMENT IN OTHER STATES ACCESS OUR CRIMINAL INFORMATION NETWORK TO DETERMINE IF ONE OF OUR RESIDENTS HAS A CONCEALED CARRY PERMIT, UNLESS THEY RECOGNIZE THE CONCEALED CARRY PERMIT OF VIRGINIA, AND THE REASON WE DO THAT, THERE HAVE BEEN CASES WHERE FOLKS HAVE BEEN PROFILED AND STOP IN NEIGHBORING JURISDICTIONS WHEN, FOR INSTANCE, YOU'RE STOPPED IN MARYLAND AND THEY DETERMINE THAT YOU HAVE A CONCEALED WEAPON REGARDLESS OF WHETHER OR NOT YOU HAVE A PERMIT AS A VIRGINIA CITIZEN, THEY WILL ARREST YOU, TAKE YOU TO JAIL, AND THEY HOLD YOU WITHOUT BOND UNTIL YOU CAN GET BEFORE A JUDGE. AND WE DON'T WANT OUR CITIZENS BEING SUBJECTED TO THAT WHEN, FRANKLY, THEY'RE NOT BREAKING ANY LAWS. AND SO THAT'S WHAT THE BILL DOES AND I HOPE YOU ALL WILL SUPPORT

[Unknown]: THANK YOU, SENATOR. IT. THE SENATOR FROM FAIRFAX COUNTY, SENATOR PETERSEN.

Sen. Chap Petersen (D-Fairfax): SPEAKING TO THE BILL.

[Unknown]: THE SENATOR HAS THE FLOOR.

Sen. Chap Petersen (D-Fairfax): MR. PRESIDENT, LADIES AND GENTLEMEN OF THE SENATE, HOPEFULLY THIS IS MY LAST SPEAK OF THE DAY, BUT I DID WANT TO SAY I VOTED FOR THIS BILL IN COMMITTEE. I'M NOT QUITE SURE WHY IT SAYS I VOTED NO. I HAVE REPRESENTATIVE CLIENTS THAT WERE PULLED OVER AND DETAIN FOR SIMPLY EXERCISING WHAT THEY THOUGHT WAS THEIR LAWFUL PRIVILEGE AND THEY OBVIOUSLY SHOULD HAVE LEFT THE WEAPON AT HOME, BUT THE BOTTOM LINE THIS TURNS ON HOW YOU LOOK AT PEOPLE WITH A CONCEALED CARRY LICENSE. ARE THEY PEOPLE THAT ARE POTENTIAL CRIMINALS OR PEOPLE THAT ARE MORE SAFE THAN THE AVERAGE POPULATION AND I THINK STATISTICS SHOW THEY TEND TO BE MORE SAFE THAN THE AVERAGE POPULATION, SO WHEN YOU USE THIS LIST AS A REASON TO PULL PEOPLE OVER AND PROBABLE CAUSE FOR DETAINING A CAR, YOU'RE DOING A DISSERVICE AND THEREFORE I HOPE WE SUPPORT THIS BILL.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL SENATE BILL 1023 ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 28, NOS 12. AYES 28, NOS 12. THE BILL PASSES. SENATE BILL 1116, RELATING TO PUBLIC SCHOOLS, CERTAIN EMPLOYEES, INSULIN PUMP ASSISTANCE. THE SENATOR FROM PRINCE WILLIAM COUNTY, SENATOR McPIKE.

Sen. Jeremy McPike (D-Dale City): MR. PRESIDENT, I MOVE THE BILL PASS AND SPEAKING TO THAT MOTION.

[Unknown]: THE SENATOR HAS THE FLOOR.

Sen. Jeremy McPike (D-Dale City): SENATE BILL 1116 SPEAKS TO PROVIDE A FRAMEWORK TO ALLOW THOSE WHO PROVIDE AND HELP OUR SCHOOLS, SCHOOL NURSES HELP OUR KIDS AND SPECIFICALLY FOR THIS BILL, THOSE KIDS THAT HAVE TYPE ONE DIABETES AND CARRY THE INSULIN PUMPS, THIS PROVIDES A FRAMEWORK TO ALLOW CERTIFIED NURSING ASSISTANTS, RNs, LPNs AND ABOVE TO HELP THEM REINSERT THEIR CANNULA OR INSULIN PUMP DEVICE, SO THAT'S WHAT THIS SEEKS TO DO AND HELPS TO CORRECT SOME OF THE ISSUES WE HAD IN SOME OF OUR SCHOOL SYSTEMS AND MOVE AT THAT TIME BILL PASS.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION SHALL SENATE BILL 1116 ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 40, NOS 0. AYES 40, NOS 0. THE BILL PASSES. SENATE BILL 1207, RELATING TO ELECTRIC PERSONAL DELIVERY DEVICES. THE JUNIOR SENATOR FROM VIRGINIA BEACH, SENATOR DeSTEPH.

Sen. Bill DeSteph (R-Virginia Beach): MR. PRESIDENT, I MOVE WE ADOPT THE COMMITTEE SUBSTITUTE AND THE COMMITTEE AMENDMENT.

[Unknown]: SENATOR, WE JUST NEED TO PASS THE BILL TODAY.

Sen. Bill DeSteph (R-Virginia Beach): MR. PRESIDENT, I MOVE WE PASS THE BILL.

[Unknown]: AND IF YOU COULD SAY A COUPLE -- SPEAKING TO THE BILL, MR. PRESIDENT. YOU HAVE THE FLOOR. IMAGINE ORDERING FROM YOUR FAVORITE ONLINE RETAILER, RESTAURANT OR GROSSER AND HAVING AN OPTION TO CHECK OUT AT THE WEBSITE FOR STARSHIP DELIVERY. SOUNDS PRETTY FUTURISTIC, BUT IF YOU CHOOSE THAT, THE EXACT DATE AND TIME OF DELIVERY WINDOW WILL SHOW, YOUR PACKAGE IS LOAD STWOD A TRUCK AND THE LAST MILE, IT'S PUT INTO A STARS THIS DELIVERY DEVICE WHICH WILL NAVIGATE THROUGH THE SIDEWALKS, PATHWAYS, AND ENSURE PROMPT SERVICE OF DELIVERY OF YOUR PARCEL. YOU'LL RECEIVE A MESSAGE ON YOUR PHONE THAT THE PARCEL IS AT YOUR DESTINATION, WHEREBY YOU GO OUT, ENTER YOUR CODE NRK IT WILL FLIP OPEN AND YOU GRAB YOUR PACKAGE. WELL, WOULDN'T THAN SOMETHING THAT'S COOL IF YOU LIVE IN THE U.K., GERMANY, SWITZERLAND, YOU CAN ALREADY DO THAT TODAY. AND IF WE PASS THIS BILL, YOU'LL BE ABLE TO DO IT HERE IN THE UNITED STATES IN VIRGINIA HOPEFULLY SOONER. SO WITH THAT, MR. PRESIDENT, I MOVE WE PASS THE BILL.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL SENATE BILL 1207 ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 40, NOS 0. AYES 40, NOS 0. THE BILL PASSES. SENATE BILL 1257, RELATING TO TWO-WAY VIDEO TESTIMONY, FORENSIC ANALYSIS, AND EXAMINATION. THE SENATOR FROM RUSSELL COUNTY, SENATOR CHAFIN.

Sen. Ben Chafin (R-Lebanon): THANK YOU, MR. PRESIDENT. I MOVE THAT THE BILL PASS. THIS BILL PERTAINS TO THE DIVISION OF FORENSIC SCIENCE AND THE BILL PROVIDES FOR ANY TESTIMONY OFFERED IN A PRELIMINARY HEARING OR SENTENCING HEARING OR OFFERED BY THE DEFENDANT IN NON-TRIAL HEARINGS, LIKE SUPPRESSION HEARINGS, THE PERSON WHO PERFORMED AN ANALYSIS THAT RESULTS IN A CERTIFICATE OF ANALYSIS MAY BE PRESENTED BY VIDEO CONFERENCE. IT KEEPS THESE PEOPLE FROM DRIVING UP AND DOWN THE ROAD FOR NON-TRIAL TYPE HEARINGS.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL SENATE BILL 1257 PASS. ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

Sen. Ben Chafin (R-Lebanon): AYES 33, NOS 7.

[Unknown]: AYES 33, NOS 7. THE BILL PASSES. SENATE BILL 1280, RELATING TO SUSPENSION OF LICENSE FOR FAILURE OR REFUSAL TO PAY FINES OR COSTS. THE SENATOR FROM ALEXANDRIA, SENATOR EBBIN.

Sen. Adam Ebbin (D-Alexandria): THANK YOU, MR. PRESIDENT.