from bikemd.org

Thanks to your great work, we won! House Bill 363 – the Manslaughter by Vehicle – Criminal Negligence bill was signed into law on 5-10-11 by Governor O’Malley.

Bike Maryland gives thanks to the many dedicated and the advocates that worked together to bring this legislation to fruition. HB 363 increases justice and safety for all vulnerable groups, including bicyclists and pedestrians, by sending a clear message to motorists to obey the law – now just punishment exists. There have been far too many bicycle and pedestrian fatalities, caused by motorists, on Maryland roads. HB363 fills an important loophole in the law and prosecutors will now be able to seek higher penalties for those who cause the fatality of a bicyclist. The bill will become law on October 1, 2011!

Bike Maryland’s Top Legislative Priority

Bike Maryland’s #1 legislative priority is to increase penalties for drivers who cause fatalities when sober because they are driving in a negligent manner, flagrantly violating the rules of the road, and going far beyond what a reasonable driver deems prudent.

Manslaughter by Vehicle or Vessel – Criminal Negligence
House Bill 363 – Sponsored By: Delegates Simmons, Dumais, Kramer, and Lee

Listen to the HB363 testimony: Go to http://mgahouse.maryland.gov/House/Catalog/catalogs/default.aspx
and click on Judiciary in the left navigation bar and scroll down to 2/23/11 either one of the versions – Since it was a 4 hour session — you can move the bar forward to 1 hour and 58 minutes which is when Delegate Simmons begins the presentation.

Manslaughter by Vehicle or Vessel – Criminal Negligence provides a misdemeanor option for those who cause fatalities by driving in a criminally negligent manner- when sober. The bill follows the Modern Penal Code used in the majority of other states. It is a misdemeanor —upon conviction, the person would be subject to imprisonment not to exceed 3 years and/or a fine not to exceed $5000.
There is a big loophole in Maryland’s Law. Please call your Delegate today!

View the bill talking points here and the myths and facts here.

I like the “mandatory” part; I would worry about wiggle room in what is a hardship? “I can’t drive my car, boo hoo, this is hard”.

Here is maybe the first invocation of this new section: Driver enters plea in fatal bicycle collision | News-Gazette.com

Public Act 096-1305
HB4580 Enrolled LRB096 04110 AJT 26824 b
(625 ILCS 5/6-205) (from Ch. 95 1/2, par. 6-205)
Sec. 6-205. Mandatory revocation of license or permit; Hardship cases.
(a) Except as provided in this Section, the Secretary of State shall immediately revoke the license, permit, or driving privileges of any driver upon receiving a report of the
driver’s conviction of any of the following offenses: . . .
16. Any offense against any provision in the Illinois Vehicle Code, or any local ordinance, regulating the movement of traffic, when that offense was the proximate cause of the death of any person. Any person whose driving privileges have been revoked pursuant to this paragraph may seek to have the revocation terminated or to have the length of revocation reduced, by requesting an administrative hearing with the Secretary of State prior to the projected driver’s license application eligibility date.

http://ibikenopa.blogspot.com/2010/02/no-criminal-charges-in-fell-street.html