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April 12, 2011

Bike advocates cheer manslaughter bill's passage

Advocates for Maryland's bicyclists expressed delight Tuesday that the General Assembly passed a bill creating a new misdemeanor offense for drivers who kill people as a result of serious negligence, giving prosecutors and alternative between traffic charges and felony manslaughter.

The legislation passed both houses in the waning hours of the 2011 session Monday night after the House accepted a Senate amendment crafted to lessen the chance that a driver would serve time in jail for a death caused by routine driving errors.

Proponents say the new charge of manslaughter by criminal negligence, punishable by up to three years in jail and a $5,000 fine, fills a gap in the law between simple traffic offenses such as negligent driving and felony automotive manslaughter.

Maryland prosecutors testified that the courts had interpreted the felony manslaughter law so narrowly that it was almost impossible to win a conviction unless the driver could be proven to have been driving while drunk or engaging in a street race.

Survivors of crash victims, including several who were killed while on bicycles, were among the most vocal advocates of the bill.

"We're thrilled, we're absolutely thrilled," said Carol Silldorff, executive director of Bike Maryland.

 The bill also drew support from AAA Mid-Atlantic, which hailed its passage as a victory for traffic safety advocates.

“The legislation changes the penal law and increases criminal penalties for those who drive in an extremely reckless manner that causes a crash which kills someone,” said AAA spokeswoman Ragina Averella. “As Maryland’s law stands now many who kill with a motor vehicle often only face fines and are often not even required to appear in court.”

The measure finally passed the House of Delegates unanimously last month after years of being bottled up in the House Judiciary Committee only to run into a skeptical reception from Senate Judicial Proceedings Committee Chairman Brian E. Frosh.

But proponents succeeded in persuading senators to accept a compromise under which the criminal negligence charge was defined as "a gross deviation from the standard of care that would be exercised by a "reasonable" motorist, said Michael Sonnenfeld, a Bike Maryland board member who is a lawyer. He said the language was viewed as a slightly higher standard than the "substantial" deviation called for in the House bill.

Sonnenfeld said the language adopted by the legislature is compatible with the Uniform Penal Code recognized by many other states. As an example of a case where the criminal negligence charge might be applied, he pointed to a fatal crash in which the driver had been speeding 20 mph over the limit while crossing double yellow lines and passing a school bus.

After the compromise language was adopted, the bill passed the Senate 45-1.

 

 

 

Posted by Michael Dresser at 2:03 PM | | Comments (2)
Categories: Bicycles, On the roads
        

Comments

A better idea would have been to increase the penalty for reckless driving.

While this a good move and it's very unfortunate that anyone would get hurt, I've found in my experience that many (certainly not all) cyclists in the area are not responsible riders. They tend to take up the entire lane, when cars approach they don't make an effort to minimize the amount of the road that they take up and generally aren't terribly concerned about others using the road. It amazes me too how many decide to ride on busy roads during rush hour none the less. A little more consideration both ways would mitigate injury.

COMMENT: Bicyclists use the roads at rush hour for the same reason people in cars do: to get to work and back. Very few recreational bikers would choose those hours and those routes for enjoyment. There are times when bikes take up the center of the lane -- and should for their own safety. Think of it this way: If they drove that day, there'd be another car in the road taking up even more space.

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About Michael Dresser
Michael Dresser has been an editor, reporter and columnist with The Sun longer than Baltimore's had a subway. He's covered retailing, telecommunications, state politics and wine. Since 2004, he's been The Sun's transportation writer. He lives in Ellicott City with his wife and travel companion, Cindy.

His Getting There column appears on Mondays. Mike's blog will be a forum for all who are interested in highways, transit and other transportation issues affecting Baltimore, Maryland and the region.
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