Stiffer penalties for motorists who kill or injure bicyclists and pedestrians were proposed by a bill heard by the Judiciary Committee Jan. 28.<\/p>\n
Introduced by Omaha Sen. Rick Kolowski, LB38 would make the offense of killing or injuring vulnerable road users a Class IV felony, punishable by up to five years\u2019 imprisonment and a $10,000 fine. Current statute classifies motor vehicle homicide as a Class I misdemeanor.<\/p>\n
The bill defines vulnerable road users as pedestrians, highway workers, bicyclists, tractors, mopeds, motorcycles, horse-drawn carriages, motorized chairs, wheelchairs and people riding animals.<\/p>\n
The bill also would require that courts sentence offenders to at least 200 hours of community service and revoke their driver\u2019s licenses for between six months and 15 years.<\/p>\n
Kolowski said the bill is especially meaningful to him because his friend and former colleague, Jim Johnston, was killed while cycling last year.<\/p>\n
\u201cThis bill is not about giving bicyclists the right to do anything they want on the road,\u201d he said. \u201cWe just want to have a safe environment for all who ride or drive on our roads.\u201d<\/p>\n
David Rowe, representing the Nebraska Bicycling Alliance, testified in favor of the bill. He said the current law does not adequately punish drivers who injure or kill cyclists.<\/p>\n
James Blue, president of Cedars Youth Services, also spoke in favor the bill, saying that he suffered a concussion and broken ribs when he was struck by a motorist while cycling. The bill would serve as a \u201cbuilding block\u201d in helping change drivers\u2019 aggressive behavior, he said.<\/p>\n
Thomas Strigenz of the Nebraska Criminal Defense Attorneys Association testified in opposition to the bill. Felony offenses stay on offenders\u2019 records for a lifetime, Strigenz said, and courts should have the flexibility to assess penalties that correspond to the level of recklessness of the crimes.<\/p>\n
\u201cThis conduct should not be a felony charge,\u201d he said, adding that a careless accident should not be treated the same as willful recklessness.<\/p>\n
The committee took no immediate action on the bill.<\/p>\n","protected":false},"excerpt":{"rendered":"
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