"Crossover Day" update from Senator Carozza

 Wade’s Law and Restaurant Relief Bill Clear Senate on Crossover Day

Annapolis, MD—The Senate of Maryland unanimously approved Senator Mary Beth Carozza’s legislation, Senate Bill 17—Criminal Law – Life-Threatening Injury Involving a Vehicle or Vessel – Criminal Negligence (Wade’s Law) on Monday, March 22, which was the deadline for bills to clear their original chamber to be considered in the opposite one. Senator Carozza has championed this legislation since she first introduced it in 2017.

“I am so grateful to my colleagues in the Senate for passing this common sense public safety legislation,” Senator Carozza said after the vote. “This legislation provides a just penalty for survivors like Wade Pusey and Je’Ani Lyles who have suffered life-threatening and life-sustaining injuries as a result of criminally-negligent driving.”

This legislation would establish the offense of a life-threatening injury by motor vehicle or vessel as criminal negligence. A violator is guilty of a misdemeanor and if convicted is subject to a maximum of 18 months imprisonment and/or a $5,000 fine. The current penalty for criminally-negligent driving causing life-threatening injuries is a $500 motor vehicle citation.

This legislation was prompted from a violent crash involving two Worcester County road workers, Scott Tatterson and Wade Pusey, who were struck by a criminally-negligent driver. The violent crash occurred on February 22, 2016, and left Mr. Tatterson dead and Mr. Pusey with several life-threatening and life-sustaining injuries. This case was brought to Senator Carozza’s attention by Wicomico County Deputy State’s Attorney Bill McDermott, who has continuously advocated for the passage of this legislation and first brought Wade’s case to Carozza’s attention when he worked for Worcester County. Mr. McDermott emphasized the fact that Senate Bill 17 is simply building on existing law to create a more just penalty for the crime of criminally-negligent driving causing a life-threatening injury.

Also joining Senator Carozza at the hearing this year was Je’Ani Lyles, who also suffered both life-threatening and life-sustaining injuries as the result of a criminally-negligent driver on June 18, 2018. Je’Ani’s mother, Carla Ortiz, described not only the horror of the crash with Je’Ani suffering a severing of her T8 vertebrae, multiple surgeries, and paralysis from the chest down but pleaded for a more just penalty to hold those who are criminally-negligent responsible for their actions.

In 2017 as a State Delegate, Senator Carozza first introduced Wade’s Law as House Bill 585, and it unanimously passed in the House of Delegates. In 2019, she reintroduced Wade’s Law as Senate Bill 248 and it unanimously passed the Senate but did not advance in the House before adjournment that year.

“Let this be the year that we see Wade’s Law all the way through to final passage… My parents always taught me that if you believe in a just cause or action, then you keep working it, not for yourself, but for people like Wade Pusey and his family, Je’Ani Lyles and her mother, Carla, and for all the unnamed victims. We are completely committed to seeing this through for the sake of future victims. You keep fighting the good fight.”

The crossfiled version of this legislation, House Bill 855, was introduced by Delegate Wayne Hartman and passed the House of Delegates on March 22 by a vote of 130-4.

Restaurant Relief Bill Passes

On Crossover Day, March 22, the Senate also passed Senate Bill 205—Alcoholic Beverages - Sale or Delivery for Off-Premises Consumption which authorizes restaurants, bars, and taverns to sell and deliver certain alcoholic beverages for off-premises consumption or delivery with the purchase of food. This option has served as a lifeline to restaurants throughout Maryland during the COVID-19 pandemic and Senate Bill 205 extends it until 2023.

 

“I grew up in the restaurant business. Throughout the entire COVID-19 pandemic, I have been working with our local restaurants on their very survival and keeping jobs in those restaurants,” Senator Carozza said when speaking out against amendments that would limit the timeframe of this relief initiative, noting that other states are moving forward with making alcohol to-go with food purchases permanent, which she supports.

“This legislation is essential to our Maryland restaurants’ long-term COVID-19 recovery,” Carozza added.

The crossfiled version of this legislation, House Bill 12, passed the House of Delegates on March 18, 2021, by a vote of 128-4.