Missouri State Senate

Introduced

SB 754 - 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.

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).

STEPHEN WITTE

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