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2017 SESSION

17103609D
SENATE BILL NO. 1338
Offered January 11, 2017
Prefiled January 10, 2017
A BILL to amend and reenact 46.2-854 of the Code of Virginia, relating to passing in a bicycle lane; penalty.
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Patrons-- Surovell and DeSteph
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Referred to Committee on Transportation
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Be it enacted by the General Assembly of Virginia:

1. That 46.2-854 of the Code of Virginia is amended and reenacted as follows:

46.2-854. Passing on a curve or in a bicycle lane.

A. A person shall be is guilty of reckless driving who, while driving a vehicle, overtakes and passes another vehicle proceeding in the same direction, on or approaching the crest of a grade or on or approaching a curve in the highway, where the driver's view along the highway is obstructed, except where the overtaking vehicle is being operated on a highway having two or more designated lanes of roadway for each direction of travel or on a designated one-way roadway or highway.

B. A person is guilty of reckless driving who, while driving a vehicle, travels in a bicycle lane as defined in 46.2-100 to pass or attempt to pass another vehicle.

2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of imprisonment in state adult correctional facilities; therefore, Chapter 780 of the Acts of Assembly of 2016 requires the Virginia Criminal Sentencing Commission to assign a minimum fiscal impact of $50,000. Pursuant to 30-19.1:4, the estimated amount of the necessary appropriation cannot be determined for periods of commitment to the custody of the Department of Juvenile Justice.