Update on HB 363 - The hardest thing to do: get attorneys to agree on the correct language


This just in from one of our members:

"I spoke with David Brewster, an aide to Sen Frosh. According to David, Sen Frosh would vote for the bill with the one word change in (C) (2) the failure to perceive constitutes a (substantial) GROSS deviation from the standard of care that would be exercised by a reasonable person. However, David indicated that the State's Attorneys do not accept the change."

So now we understand better why the support and then the lack of support has happened. Stay tuned while folks try to work this out but time is running out for legislative session (April 11, 2011.)

(And lets hope this is not a case of covering ones rear end.) ********************************************************************
From Adiva Sotzsky, member of the Bike Maryland Task Force

Following yesterday's hearing, Senator Frosh said that he would support the bill if the wording regarding 'substantial deviation' was changed to the model penal code's terminology of gross deviation (which is not the same as gross negligence).

Delegate Simmons made those adjustments to the bill -- had it reviewed by the Attorney General's office -- and brought it to Frosh who said he would NOT support it.
Thus Frosh is reneging on what he said he would do.

Please contact your senators and members of the Judicial Proceedings Committee, etc. to contact Frosh to stand by/fulfill his promises
he asked for a change in wording so that he could/would support the bill
the change was made. He was brought the changes and now he is not supporting the bill with the changes..
Frosh's number 301-858-3124 --

Judicial Proceedings Committee
Brian E. Frosh, Chair (410) 841-3124, (301) 858-3124 D-Montgomery District 16
Lisa A. Gladden, Vice-Chair D- Baltimore City (410) 841-3697, (301) 858-3697 District 41

James Brochin D- Baltimore County District 42
1-800-492-7122, ext. 3648 (toll free) e-mail: jim.brochin@senate.state.md.us
Jennie M. Forehand D- Montgomery District 17
1-800-492-7122, ext. 3134 (toll free) e-mail: jennie.forehand@senate.state.md.us
Joseph M. Getty R- Carroll District 5
1-800-492-7122, ext. 3683 (toll free) e-mail: joseph.getty@senate.state.md.us
Nancy Jacobs R- Cecil, Harford District 34
1-800-492-7122, ext. 3158 (toll free) e-mail: nancy.jacobs@senate.state.md.us
Jamin B. (Jamie) Raskin D-Montgomery District 20
1-800-492-7122, ext. 3634 (toll free) e-mail: jamie.raskin@senate.state.md.us
Victor R. Ramirez D- Prince George District 47
1-800-492-7122, ext. 3745 (toll free) e-mail: victor.ramirez@senate.state.md.us
Christopher B. Shank R- Washington District 2B
1-800-492-7122, ext. 3903 (toll free) e-mail: christopher.shank@senate.state.md.us
Norman R. Stone, Jr. D- Baltimore County District 6
1-800-492-7122, ext. 3587 (toll free) e-mail: norman.stone@senate.state.md.us
Robert A. (Bobby) Zirkin D- Baltimore County District 11
1-800-492-7122, ext. 3131 (toll free) e-mail: bobby.zirkin@senate.state.md.us

by B' Spokes

Like most people I live a hectic life and who has the time for much exercise? Thanks to xtracycle now I do. By using my bike for daily activities I can get things done and get an hour plus work out in 15 minutes extra of my time, not a bad deal and beats taking the extra time going to the gym. In case you are still having trouble being motivated; the National Center of Disease Control says that inactivity is the #2 killer in the United States just behind smoking. ( http://www.cdc.gov/nccdphp/bb_nutrition/ ) Get out there and start living life! I can carry home a full shopping cart of groceries, car pool two kids or just get lost in the great outdoors camping for a week. Well I got go, another outing this weekend.
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Is this the bill about stronger sentences for hitting/killing a pedestrian/bicyclist?
This is the bill that will ALLOW (not require) stronger sentencing for causing the DEATH (not injury) for "A SUBSTANTIAL DEVIATION FROM THE STANDARD OF CARE THAT WOULD BE EXERCISED BY A REASONABLE PERSON."