Existing law requires the driver of a vehicle, in the absence of other direction given by a law enforcement officer, to take certain precautions when approaching any traffic incident, including decreasing the speed of the vehicle, proceeding with caution, being prepared to stop and, if possible, driving in a lane that is not adjacent to the lane or lanes where the traffic incident is located. Existing law makes it a misdemeanor to fail to take such precautions. (NRS 484B.607) This bill increases this penalty by providing that if a person fails to take such precautions upon approaching a traffic incident and that failure is the proximate cause of the death of or substantial bodily harm to a first responder, the person is guilty of a category B felony and shall be punished by: (1) imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years; and (2) a fine of not less than $2,000 but not more than $5,000.

Statutes affected:
As Introduced: 484B.607
BDR: 484B.607