House Bill 363 (Manslaughter by Vehicle or Vessel, criminal negligence) moves to the Senate after unanimously passing the House last week and three DC-area state senators on the committee that will hear it are still undecided.
According to advocates for the bill, Senators Jamie Raskin (D-Montgomery) (see map) and Victor Ramirez (D-Prince Georges) (see map) are still undecided about whether to support the proposed law.
The chairman of the committee, Brian Frosh, is a Montgomery County senator is also undecided, so it would be a good idea to contact him if you're from his district.
The point of the bill is to close a legal loophole that allows sober drivers to kill due to negligence and walk away with just a ticket. This is what happened in the Curtis Leymeister crash, where the driver cleared ice from only a small area of her windshield, became distracted by something in her lap, and killed Leymeister. She got a $250 ticket.
to convict a sober driver of vehicular manslaughter requires proving that the driver knew that he or she might kill someone. And that is almost always impossible to prove.
If the Senate passes the bill as well, Maryland will join the majority of states in the nation by closing the loophole
Unless Senators hear from their constituents, time may run out before the Committee even considers the bill. Because email is ineffective this late in the session, if you live in either of these two districts, I suggest that you call Senator Ramirez (301-858-3745 and 1-800-492-7122 x3745) or Senator Raskin (301- 858-3634 and 1-800-492-7122 x3634). Even if the Senator is not in, discussing the issue with his staff is useful. If you gain any insights about how they view the issue, please let us know.
The bill has a lot of support. Both WABA and AAA support the bill, as does the Senate Minority leader (R) and the Governor (D) - that's bipartisan. It's not just cyclists who are killed without justice, it's pedestrians, motorcyclists and other motorists (so, pretty much everyone).
The Baltimore Sun came out in support of the bill, but cautioned that the bill will not do much to make the streets safer.
While enacting a misdemeanor manslaughter law makes sense and follows the modern penal code used by many other states, it alone won't improve bike safety. The possibility that a negligent motorist might face a stiffer penalty than traffic court advances the cause of justice, but it is unlikely by itself to make drivers more cognizant of bicyclists, and that is what it will take to make our roads safer.
Education and publicity are the most effective tools we have. One idea, offered up by the cycling group Bike Maryland, is for the state motor vehicle administration to include a sheet in driver's license renewal forms that would spell out how to safely pass cyclists, reminding drivers to give cyclists at least three feet of clearance when passing (in accordance to a state law passed last year) and not to drive, park or stop in designated bike lanes. Putting more signage on roadways heavily used by cyclists is another smart suggestion. Training police officers on the rights of cyclists is yet another.
This is a two-way street, and cyclists have to do their part by following the rules of the road, including obeying traffic signals, giving clear hand signals, wearing bright clothing and, when riding after dark, and equipping their bikes with strong lights. Veteran cyclists advise fellow riders to assume that they are invisible to cars and to make plans to react to motorists' movements.
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