1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3065 By: Hays
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6 AS INTRODUCED
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7 An Act relating to motor vehicles; amending 47 O.S.
7 2021, Section 11-314, as amended by Section 1,
8 Chapter 270, O.S.L. 2023 (47 O.S. Supp. 2023, Section
8 11-314), which relates to the Bernardo-Mills Law;
9 modifying types of vehicles requiring certain
9 approach; modifying name of offense; modifying
10 description of person offended; defining term; and
10 providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 47 O.S. 2021, Section 11-314, as
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15 amended by Section 1, Chapter 270, O.S.L. 2023 (47 O.S. Supp. 2023,
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16 Section 11-314), is amended to read as follows:
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17 Section 11-314. A. This section shall be known and may be
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18 cited as the "Bernardo-Mills Law".
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19 B. The driver of a motor vehicle, upon approaching a stationary
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20 authorized emergency vehicle, a Department of Transportation
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21 maintenance vehicle, a Turnpike Authority maintenance vehicle, a
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22 stationary vehicle that is displaying flashing lights or a licensed
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23 wrecker that is displaying a flashing amber light, a combination red
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 1 or blue light or any combination of amber, red or blue lights,
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2 shall:
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3 1. If traveling on a highway that consists of two or more lanes
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4 that carry traffic in the same direction of travel as that of the
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5 driver, the driver shall proceed with due caution and shall, if
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6 possible and with due regard to the road, weather, and traffic
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7 conditions, change lanes into a lane that is not adjacent to the
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8 stationary authorized emergency vehicle, a Department of
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9 Transportation maintenance vehicle, a Turnpike Authority maintenance
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10 vehicle, or licensed wrecker; or if the driver is not able to change
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11 lanes or if to do so would be unsafe, the driver shall proceed with
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12 due caution and reduce the speed of the motor vehicle to a safe
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13 speed; and
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14 2. If traveling on a highway other than a highway described in
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15 paragraph 1 of this subsection, the driver shall proceed with due
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16 caution and reduce the speed of the motor vehicle to a safe speed.
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17 A Upon conviction, a person shall be guilty of the offense of
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18 roadway endangerment of an emergency worker for any offense act or
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19 omission committed in violation of this subsection.
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20 C. This section does not relieve the operator of a stationary
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21 authorized emergency vehicle, a Department of Transportation
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22 maintenance vehicle, a Turnpike Authority maintenance vehicle, or
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23 licensed wrecker from the consequences of reckless disregard for the
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24 safety of all persons and property upon the highway.
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 1 D. Upon conviction for committing the offense of roadway
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2 endangerment of an emergency worker pursuant to subsection B of this
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3 section, if no injury or death of an emergency worker individual
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4 resulted from the offense, and in addition to any other penalty
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5 authorized by law, the person shall be subject to a fine of:
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6 1. One Thousand Dollars ($1,000.00) for a first offense; and
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7 2. Two Thousand Five Hundred Dollars ($2,500.00) for a second
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8 offense.
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9 E. A person shall be deemed to commit the offense of aggravated
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10 roadway endangerment of an emergency worker upon conviction for any
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11 offense pursuant to act or omission constituting an offense under
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12 subsection B of this section when such offense results in the injury
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13 or death of an emergency worker individual. Upon conviction for
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14 committing the offense of aggravated roadway endangerment of an
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15 emergency worker, in addition to any other penalty authorized by
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16 law, the person shall be subject to a fine of not more than Five
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17 Thousand Dollars ($5,000.00) if the offense resulted in injury to an
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18 emergency worker and not more than Ten Thousand Dollars ($10,000.00)
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19 if the offense resulted in the death of an emergency worker
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20 individual.
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21 F. No person shall be cited or convicted for roadway
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22 endangerment of an emergency worker or aggravated roadway
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23 endangerment of an emergency worker for any act or omission
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24 otherwise constituting an offense under subsection B of this section
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 1 if such act or omission resulted, in whole or in part, from
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2 mechanical failure of the vehicle of the person or from the
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3 negligence of another person or an emergency worker.
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4 G. As used in this section, the term "stationary vehicle" shall
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5 include, but may not be limited to, any stationary vehicle,
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6 authorized emergency vehicle, Department of Transportation
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7 maintenance vehicle, Oklahoma Turnpike Authority maintenance
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8 vehicle, a service vehicle belonging to a utility company, or a
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9 licensed wrecker that is displaying flashing amber lights, a
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10 combination red or blue lights, or any combination of amber, red, or
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11 blue lights.
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12 SECTION 2. This act shall become effective November 1, 2024.
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14 59-2-9317 JBH 12/29/23
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