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Sometimes bills stall in the legislative process because lawmakers disagree on policy. Maybe a proposal raises constitutional questions or conflicts with existing state law. And sometimes, unfortunately, good bills that would make good law fail to advance simply because of politics.
Baylea’s Law appears to fall into that category.
House Bill 4712, known as “Baylea’s Law,” passed the House of Delegates unanimously, 95–0, and moved to the Senate. The bill would raise the prison sentence for DUI causing death from the current range of 3–13 years to 5–30 years. It would also increase fines and prohibit probation, suspended sentences, home confinement, or youthful-offender treatment if a court finds the driver acted with “deliberate disregard for the safety of others.”
The legislation is named after Baylea Bower, a 24-year-old Boone County woman killed in a DUI crash on Easter Sunday last year. Delegate Josh Holstein, a friend of Bower and the bill’s lead sponsor, told reporters the measure was prompted in part by the sentence given to the driver responsible for the crash. That driver received home confinement followed by placement in a youthful-offender program while recovering from injuries.
Holstein argues the punishment did not match the severity of the crime. He says the bill is intended both to deter drunk driving and to ensure stronger penalties in cases where impaired driving results in death.
The Senate received a House message on the bill February 19 and referred it to the Senate Judiciary Committee on February 23. Since then, it has not appeared on a Judiciary agenda — and Day 60 is fast approaching.
Why? Nobody seems to know.
The bill would raise criminal penalties for drunk driving deaths to what many would consider a more appropriate range and ensure more consistent punishment. While forgiveness is something we should all strive to extend without reservation — even to the woman who chose to drive intoxicated and struck Bower head-on that night — consequences should not disappear in the name of forgiveness. They never have.
A request for comment from Senate Judiciary Chair Tom Willis, also a candidate for U.S. Senate, on why the bill has not appeared on a committee agenda was not returned by the time of publication.
Without an explanation, one is left to conclude the bill — a strong piece of legislation as evidenced by a 95–0 House vote and by comments from several senators who spoke on background for this piece — may have indeed fallen victim to politics.
What exactly is the political dispute? That remains unclear. But history suggests that if the bill ultimately fails to advance, the disagreement will likely become public after the session — particularly in an election year.
Bower deserves better. So do all victims whose lives have been cut short because someone chose to drive under the influence of alcohol or drugs.
There is still time to do right by them. All that needs to happen is for the bill to move forward in the legislative process and receive a vote on its merits.
Chairman Willis – minus a sound reason for not doing so; one the public deserves to hear – should place it on his committee’s agenda as soon as possible to ensure it reaches the floor with enough time to pass this session.
Editor’s Note: the agenda for Senate Judiciary’s Wednesday, March 11 meeting – released late Tuesday night after this commentary was published – now includes consideration of Baylea’s law. The committee is scheduled to meet at 3 p.m., today, March 11. HB 4712 appears at the foot of the agenda.