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Last-minute punitive damages amendment could jeopardize Noah’s Law Last-minute punitive damages amendment could jeopardize Noah’s Law
(35 minutes later)
Maryland’s long-stalled ignition interlock bill, which was on the verge of final passage in the General Assembly, has hit a roadblock with the legislature set to adjourn Monday at midnight.Maryland’s long-stalled ignition interlock bill, which was on the verge of final passage in the General Assembly, has hit a roadblock with the legislature set to adjourn Monday at midnight.
After languishing in the House Judiciary Committee for seven years, the bill to expand the use of ignition locks on drunk drivers’ vehicles advanced in the House and Senate this year following the widely publicized death of Noah Leotta, a Montgomery County police officer killed by a drunk driver while on DUI patrol.After languishing in the House Judiciary Committee for seven years, the bill to expand the use of ignition locks on drunk drivers’ vehicles advanced in the House and Senate this year following the widely publicized death of Noah Leotta, a Montgomery County police officer killed by a drunk driver while on DUI patrol.
The two chambers need to reconcile differences in the bills before the session ends.The two chambers need to reconcile differences in the bills before the session ends.
Now advocates, including Leotta’s parents, are worried that the legislation could be derailed over a plan by Sen. Robert A. Zirkin (D-Baltimore County) to amend the bill to include a separate Senate measure that deals with increasing liability for punitive damages in civil lawsuits involving drunk drivers. Now advocates, including Leotta’s parents, are worried that the legislation could be derailed over a plan by Sen. Robert A. Zirkin (D-Baltimore County) to amend the bill to include a separate Senate measure would allow for punitive damages in civil lawsuits involving drunk drivers.
Chuck Hurley, legislative chair for MADD Maryland, said the group does not oppose the punitive damages bill, which was never voted on by the House Judiciary Committee. But he said the measure should not be added to Noah’s Law, which was named after Leotta.Chuck Hurley, legislative chair for MADD Maryland, said the group does not oppose the punitive damages bill, which was never voted on by the House Judiciary Committee. But he said the measure should not be added to Noah’s Law, which was named after Leotta.
“Both bills should stand on their own merit, and Noah’s Law is the one that would save lives,” Hurley said. “We’re concerned that [the amendment] could hurt, if not kill, Noah’s Law, which would be inexcusable.”“Both bills should stand on their own merit, and Noah’s Law is the one that would save lives,” Hurley said. “We’re concerned that [the amendment] could hurt, if not kill, Noah’s Law, which would be inexcusable.”
For the past two days, Mothers Against Drunk Driving and Rich Leotta, Noah’s father, have held news conferences pushing for the General Assembly to act on the version of the bill that was approved by the Senate Judiciary Committee, without the punitive damages bill attacked.For the past two days, Mothers Against Drunk Driving and Rich Leotta, Noah’s father, have held news conferences pushing for the General Assembly to act on the version of the bill that was approved by the Senate Judiciary Committee, without the punitive damages bill attacked.
“I didn’t think I would be here with two days left to go, fighting for this tooth and nail all the way,” Rich Leotta said Saturday at the State House. “It just shouldn’t be that way.”“I didn’t think I would be here with two days left to go, fighting for this tooth and nail all the way,” Rich Leotta said Saturday at the State House. “It just shouldn’t be that way.”
Both the House and Senate versions of the bill would require motorists convicted of driving at or above the state’s legal blood alcohol limit of .08 percent to have an ignition interlock placed on their vehicle. The Senate bill goes further than the House bill by requiring ignition locks for drivers who have failed a breathalyzer test, even before they have been convicted of the crime.Both the House and Senate versions of the bill would require motorists convicted of driving at or above the state’s legal blood alcohol limit of .08 percent to have an ignition interlock placed on their vehicle. The Senate bill goes further than the House bill by requiring ignition locks for drivers who have failed a breathalyzer test, even before they have been convicted of the crime.
“The sooner you get the drunk driver onto an ignition interlock, the greater the chances that it will ultimately modify their behavior and reduce the recidivism rate,” said Del. Benjamin F. Kramer (D-Montgomery), who sponsored the bill that was amended in the House but prefers the Senate version.“The sooner you get the drunk driver onto an ignition interlock, the greater the chances that it will ultimately modify their behavior and reduce the recidivism rate,” said Del. Benjamin F. Kramer (D-Montgomery), who sponsored the bill that was amended in the House but prefers the Senate version.
Del. Kathleen M. Dumais (D-Montgomery) accused Zirkin of “legislative blackmail” for attaching the punitive damages bill. Del. Kathleen M. Dumais (D-Montgomery) accused Zirkin of “legislative blackmail” for attaching the punitive damages bill. “The Senate is trying to ram this thorough because they can’t get it through the House Judicial Committee,” she said.
Zirkin said he is a “huge supporter” of ignition interlocks, committed to Noah’s Law, and has “no intention to do anything to hurt the legislation.”Zirkin said he is a “huge supporter” of ignition interlocks, committed to Noah’s Law, and has “no intention to do anything to hurt the legislation.”
He said the purpose of the punitive damages amendment, which will be offered Monday in conference committee, is to hold drunk drivers responsible — civilly as well as criminally and administratively. “The more we do on all three, the more chance of changing behaviors,” Zirkin said. “We intend to fight all the way . . . to ensure that drunk drivers are truly held responsible.” He said the purpose of the punitive damages amendment, which will be offered Monday in conference committee, is to hold drunk drivers responsible — civilly as well as criminally and administratively.
josh.hicks@washpost.comjosh.hicks@washpost.com