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SB 260 - This act increases penalties for moving violations and traffic offenses occurring within an active emergency zone. Such a zone is defined under this act as an area that is visibly marked by emergency responders on, or around, a highway, and where an active emergency or incident removal is temporarily occurring. Any person convicted of a first moving violation or traffic offense within an active emergency zone shall be assessed a fine of $35 in addition to any other fine authorized by law. A second or subsequent offense within an active emergency zone shall be assessed a fine of $75. Under this act, it is a Class C misdemeanor to pass another vehicle in an active emergency zone. Those who plead guilty to, or are convicted of, a speeding or passing violation shall be assessed a fine of $250 in addition to any other fine authorized by law. A second or subsequent speeding or passing violation shall result in a $300 fine. A person commits the offense of endangerment of an emergency responder if, while in an active emergency zone while emergency responders are present, the person: (1) Exceeds the posted speed limit by 15 mph or more; (2) Passes another vehicle; (3) Fails to stop for a flagman, an emergency responder, or a traffic control signal in the active emergency zone; (4) Drives through, or around, an active emergency zone via any lane that is not for motorists; (5) Physically assaults, threatens, or attempts to assault an emergency responder with a motor vehicle or other instrument; (6) Intentionally strikes or moves barrels, barriers, signs or other devices for a reason other than to avoid an obstacle, emergency, or to protect the health and safety of another person; or (7) Commits various offenses that allow for the assessment of points under section 302.302. When no injury or death results, a person who pleads guilty to, or is convicted of, endangering an emergency responder shall be subject to a fine of not more than $1,000. If a death or injury results, the person commits aggravated endangerment of an emergency responder. The penalty for aggravated endangerment of an emergency responder is a fine of not more than $5,000 if a responder is injured, and not more than $10,000 if death resulted. The act provides for the assessment of 4 points for endangerment of an emergency responder and 12 points for aggravated endangerment of an emergency responder. If a person commits endangerment or aggravated endangerment of an emergency responder as a result of a vehicle's mechanical failure or the negligence of another person, then the person shall not be cited for, or convicted of, such offenses. This section is similar to provisions of HCS/SCS/SB 887 (2010), HCS/HB 1541 (2010), and HB 1693 (2010). MEGHAN LUECKE
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