Proposed state legislation to impose harsher penalties on reckless drivers was inspired by an October traffic collision that caused a Montgomery County police officer to lose both of his legs, according to state Del. Greg Wims (D-Dist. 39), the legislation’s sponsor.
Wims, who represents the Germantown and Montgomery Village area, introduced two bills Feb. 7 in the Maryland General Assembly in the wake of the Oct, 18 incident in which a driver allegedly intentionally struck police Sgt. Patrick Kepp while he was attempting to conduct a traffic stop of the driver on I-270 near Watkins Mill in Gaithersburg.
“In the past, the way the law was written, the penalties [for reckless driving] could be very soft,” Wims said last week during a press briefing held by County Executive Marc Elrich. “We hope this will make a difference and maybe be a deterrent so that a hero like Sgt. Kepp would not be injured.”
According to the proposed legislation, HB 1111 would amend state law to include reckless use of a motor vehicle among types of behavior considered to be “reckless endangerment” under state law. Anyone who violates this subsection of Maryland’s criminal law code can face up to five years in jail and up to $5,000 in fines. Currently, the law defines “reckless endangerment” as engaging “in conduct that creates a substantial risk of death or serious physical injury to another,” but excludes motor vehicle activity from this clause.
HB 1160 would apply stronger penalties to anyone who engages in reckless driving. It would categorize driving at 90 miles per hour or higher as reckless driving, in addition to the existing criteria that include driving “in wanton or willful disregard for the safety of persons or property” or “in a manner that indicates a wanton or willful disregard for the safety of persons or property,” according to the bill text.
Anyone found to be driving recklessly under such criteria could be subject to up to a year in prison and up to $5,000 in fines.
HB 1160 also would change the penalty for negligent driving, which state law defines as driving “a motor vehicle in a careless or imprudent manner that endangers any property or the life or person of any individual.” A driver found guilty of negligent driving would be subject to up to two months in prison and up to $3,000 in fines, according to the proposed bill.
During the October incident, Frederick resident Raphael Mayorga, 19, was allegedly trying to goad officers into a chase when he allegedly intentionally struck Kepp, according to police.
Mayorga was driving a green Dodge Charger at a speed of at least 110 mph, police said. Kepp exited his patrol car to deploy stop sticks, which are used to deflate tires. While he was placing the stop sticks, Mayorga drove the Charger into him, according to police. Mayorga has been charged with first-degree murder. He’s being held without bond at Montgomery County Correctional Facility in Boyds, according to digital court records.
Elrich said it’s possible Mayorga wouldn’t have been on the road on the night he hit Kepp if the proposed and amended state laws had existed because Mayorga had prior traffic offenses.
“Maybe he got a ticket, but it had no impact on his behavior,” Elrich said. “It shows just the inadequacy of what the system does… . That means getting a lot tougher on drivers who show no indication they’re going to change their behavior on their own.”
Kepp said during the briefing that he is excited to support the legislation and that his experience could spur a change in state law.
“I’ve said from the beginning that good will come from all this, and this will be some of the good that comes from it to make our roadways safer, to make my job hopefully a little bit easier,” said, Kepp, who is recovering from his injuries and plans to return to work.
If passed, the legislation will make it easier for officers to keep reckless drivers off the roads, Kepp said.
“It gets frustrating… when we have these repeat offenders, whether it’s repeat drunk drivers, whether it’s repeat speeders … reckless and aggressive drivers continue to do their actions and have little recourse for them,” Kepp said. “So I’m very, very thankful that everyone has taken the initiative on this.”
HB 1160 has a hearing at 1 p.m. on Feb. 29 on the House floor, and HB 1111 has a hearing at 1 p.m. on March 6 on the House floor.