HB 359

Present law generally prohibits a person from driving a motor vehicle upon a highway in this state unless the person has a valid driver license for the type or class of vehicle being driven. This bill clarifies that a violation of this prohibition gener ally constitutes a Class B misdemeanor. However, a second or subsequent violation is a Class A misdemeanor. This bill clarifies that (i) such convictions occurring more than 10 years prior to the immediate violation must not be considered for enhancement purposes; (ii) this bill does not apply to a violation for failure to have a license in one's immediate pos session when operating a motor vehicle and ready to display to an officer or agent upon request, which is a Class C misdemeanor; and (iii) this bill applies to acts committed on or after July 1, 2025. ON FEBRUARY 23, 2026, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 359, AS AMENDED. AMENDMENT #1 rewrites the bill to, instead, define "seriously bodily injury"" for the purposes of the present law offense of vehicular assault, which occurs when a person who, as the proximate result of the person's intoxication, recklessly causes serious bodily injury to another person by the operation of a motor vehicle or vessel subject to registration. For the purposes of this offense, "" intoxication "" includes alcohol intoxication, drug intoxication, or both. This amendment defines ""seriously bodily injury, as used above, to mean bodily injury that involves any of the following:  A substantial risk of death.  Protracted unconsciousness.  Extreme physical pain.  Protracted or obvious disfigurement.  Protected loss or substantial impairment of a function of a bodily member, organ, or mental faculty.  A broken bone."