Senate Committee Substitute

HIGHWAY WORK ZONE SAFETY - This act increases various penalties for offenses occurring within highway work zones or construction zones. Under this act, any person convicted of a second or subsequent moving violation within a work zone shall be assessed a fine of $75. The act provides that a person who is convicted of speeding or passing a vehicle within a work zone when a highway worker is present a second or subsequent time shall be assessed a fine of $300 in addition to any other fine authorized by law (Section 304.582). The act also creates the crime of "endangerment of a highway worker." The act provides that if a person commits the offense of endangerment of a highway worker in which no injury or death results the person shall be subject to a fine of not more than $1,000 and shall have 8 points assessed to their driver's license. The person shall be guilty of aggravated endangerment of a highway worker if a death or injury results. If an a highway worker is injured or killed in a workzone, the offender shall be subject to a fine of not more than $5,000 for an injury and not more than $10,000 if death resulted.

Under the act, a person commits the offense of endangerment of a highway worker if the motorist:

(1) Exceeds the posted speed limit by 15 mph or more;

(2) Passes another vehicle in a work zone and such offense results in the death or injury of a highway worker;

(3) Fails to stop for a work zone flagman or fails to obey traffic control signals erected in the work zone;

(4) Physically assaults or attempts to assault a highway worker with a motor vehicle or other instrument;

(5) Intentionally strikes or moves barrels, barriers, signs or other devices erected to control the flow of traffic for a reason other than avoidance of an obstacle, an emergency or to protect the health and safety of another person; or

(6) Commits various offenses in which points may be assessed under section 302.302 (section 304.585).

The act provides for the assessment of 8 points for an endangerment of a highway worker violation and 12 points for an aggravated endangerment of a highway worker violation (Section 302.302).

CLUTCH'S LAW (FAILURE TO YIELD) - This act imposes an additional fine and driver's license suspension on any person failing to yield the right-of-way when the violation results in physical injury, serious physical injury, or death to a person. The additional fines collected under this provision will be credited to the Head Injury Fund (Section 304.351). This act is commonly known as "Clutch's Law". This section has an effective date of January 1, 2007. This portion of the act is similar to HB 1080 (2004).

MOVE-OVER LAW - This act increases the penalty on motorists who fail to move over when approached by an oncoming emergency vehicle and motorists who fail to move over when approaching a stationary emergency vehicle from a Class B misdemeanor to a Class A misdemeanor (Section 304.022).

STEPHEN WITTE