Auto manslaughter bill moves ahead in House
A bill that proponents contend would close the gap between a traffic ticket and a felony vehicular manslaughter charge for drivers responsible for the deaths of others has won approval from the House committee where it had languished for many years.
The bill to establish an intermediate charge of manslaughter by criminal negligence won prelimary approval from the full House Wednesday after recieiving a unanimous vote Tuesday night in the House Judiciary Committee, where it had been stalled for many years without receiving a vote.
The bill's advance cheered advocates for bicyclists' groups such as Bike Maryland, who are among the most vocal supporters of the legislation. But their joy could be short-lived because even if the bill passes on a final vote in the House, it faces a skeptical reception in the Senate Judicial Proceedings Committee.
Sen. Brian E. Frosh, chairman of that panel, expressed misgivings about creating an offense carrying a jail term for conduct that was negligent but not intentional or reckless.
"In the past the House formula has had severe defects," the Montgomery County Democrat said. "Maybe this year they'll come up with a formula that will work.'
But Frosh said he's concerned about imposing harsh penalties on drivers who may have killed others as a result of "split-second negligence."
"Our jails are bursting right now," he said. "To me the jails are a place for people who have done something that is intentional."
Frosh said somebody who kills another through automotive negligence can face harsh consequences in civil lawsuits. "You can lose your house for that. You can lose your kids' college fund," he said.
The measure faces a handicap because their is only a House bill, and senators will not hear the emotional testimony from survivors of victims that helped persuade the House panel to approve it. Rather, as is customary for bills that are not cross-filed, the bill will probably receive a sponsor-only hearing in the Senate committee.
That would leave it up to House sponsor Del. Luis R S. Simmons, D-Montgomery, to sell the Senate panel on the merits of his formula, which allows for the enhanced charge in the event of "substantial and unjustifiable" negligence.
Comments
Senator Frosh, I believe the bill is worded in such a way that "split-second negligence" will not be punished; however, I find it hard to believe that driving 15+ mph over the speed limit, for example, would constitute "split-second." It takes more than a split-second to accelerate to such speeds.
Similarly, running a stop sign because it wasn't seen could be argued as a case of "split-second negligence," running a red light really could not. One would have to "not see" both the yellow light and the red - certainly not a "split-second" instance of negligence.
Ignoring cross-walks, making right-hand turns from the middle lane (I see this all the time around buses), failing to stop before turning on red - these are not cases of "split-second negligence," these are willful acts of defiance against traffic law. You learn the rules when you get your learner's permit, you're responsible for adhering to them when you get your license. Why is that so hard for people to grasp?
Posted by: Chris | March 24, 2011 9:29 AM
While I tend to agree with the bicycling community that motorists need to be held accountable for incidents involving cyclists, I would like to see measures that would hold cyclists acountable for their actions as well. Cyclists should be licensed to operate their vehicles on public streets, and subject to enforcement of traffic laws, the same as motorists.
If we're all going to share the streets, we need to do so on a level playing field.
Posted by: Annie | March 24, 2011 10:18 AM
Senator Frosh, as the mother of the young lady who was killed by a motorist, who may have done a split-second negligent act I have worked relentlessly for the passage of the HB 363 Vehicular Manslaughter and intend to do all that I can to move this through the Senate.
I find it very difficult to say yes, she should go free and that it would be an Injustice to send her to jail. Why, she did a split-second negligent act, drove four miles with a bicycle lodged under her Cadillac Escalade while my daughter lie dying in the road alone!
No amount of discussion will help me to see that this and any other such split-second negligent acts are justifiable. In addition, to prove gross negligent behavior one would have to know that she intentionally set out to kill my daughter.
No one can ever know that because she would be a FOOL to admit to such an act so it can easily become simple negligence with a $100 fine and she is back on the road to her next split-second negligent act for her next $100 fine. When do we break this vicious circle?
Who amongst us will agree that our love ones (in my case, my only child) should be assessed at a $100 fine. This is not about civil actions this is about taking responsibility for one's actions. You drive four miles with a bike lodged under your vehicle thinking all the while that you hit a dog!!! Split-second negligent behavior...
I do agree that cyclists must do their part. Unfortunately, I have heard of some very evil acts directed toward bicyclists and just imagine a 4000 lb vehicle against maybe 25 lbs of bicycle - no match.
Unfortunately, this state does not believe in spending money for proper bike lanes, or even Share the Road signs to assure that cyclists are protected from those motorists who fly into rage mode as soon as they see anyone attempting to share the road. There are those who resent pedestrians equally and do not want to share the roads yet again.
We can all learn to do more to be considerate of each other. We can certainly all do more to assure that we all become advocates for road safety and therefore, a greater quality of life.
Posted by: Kenniss Henry | March 26, 2011 9:13 AM