[B’ Spokes: Just to note I think this article is a mishmash of current thoughts from supporters and older news from Frosh. I don’t think anyone knows his reaction for yesterdays hearing yet.]
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WBAL
A proposal to create a new criminal penalty for drivers who fatally hit bicyclists or pedestrians is in trouble in the state Senate.
WBAL-TV 11 News reporter David Collins said the concern is the bill, as written, is too broad. For example, a driver could be charged after taking their eyes off the road because they turned the radio dial.
A group of bicyclists who took off from Baltimore City Hall to Annapolis on Wednesday in support of the bill support the proposed misdemeanor offense of criminally negligent manslaughter by vehicle or vessel. The bill has already cleared the House of Delegates, but, as written, the bill is meeting resistance in the Senate Judicial Proceedings Committee.
Committee Chairman Brian Frosh said there’s still time to amend and pass the measure, listing the criteria in which it can be applied.
"I’m not sure we have room in our jails for people who have killed somebody totally accidentally while they’re changing a radio station. That’s negligence. I’m afraid this bill in its current form is at that point. I think it can be fixed," said Frosh, a Democrat who represents District 16 in Montgomery County .
The bill’s supporters traveled to Annapolis exactly a year to the day after Larry Bensky, 44, was struck and killed riding his bike along Butler Road in Baltimore County . The driver received a $500 fine and three points against his license.
"I’m sorry, I mean, you can pay more than that if you park illegally in Baltimore City and you get towed. What is the comparison here?" said Penny Troutner, a cyclist.
"I think if people understand that there is a penalty more than just a minor traffic penalty behind hitting a cyclist, then they’ll be less likely of being aggressive around us," said Harry Campbell, a cyclist.
For Tami Bensky, losing her husband that way has been unimaginable and difficult.
"When you’re going through the grieving process, you need something to hold onto that, yes, this terrible thing happened, but someone is being held accountable," she said.
State Highway Administration worker Rick Moser, 57, was struck and killed while clearing away debris from a Route 340 ramp in Frederick County . The driver received a $280 fine and three points against his license.
"A lot of people have come up with the idea that driving is a right, and there is a true responsibility that goes with this," said Moser’s wife, Laurie.
A driver with a history of driving offenses, including driving under the influence, struck and killed 15-year-old Conner Kohl in August 2008 as he pushed a dirt bike along a country road.
"He was struck and (dragged) 215 feet, and the driver took his foot off the brake after about 100 or so feet, and then, when he got out of the van, he didn’t offer any assistance," said Kohl’s father, Ed.
Under the bill, a person convicted of this offense faces a three-year jail sentence and $5,000 fine.
https://www.wbaltv.com/news/27458912/detail.htmloldId.20110407152402108
Biking in Baltimore