Posted on 04/20/2005 4:50:23 PM PDT by TaxRelief
RALEIGH, N.C. -- A state lawmaker whose son died when a woman sped past the lowered arm and flashing lights of a stopped school bus introduced legislation Wednesday to toughen the penalty for the crime.
A bill introduced by Rep. Dale Folwell, R-Forsyth, would make passing a stopped school bus a higher level misdemeanor. Striking someone after passing the bus would become a felony.
The bill was among more than 90 introduced Wednesday, a key deadline for filing bills that do not generate or require revenue. Bills not introduced by Wednesday will have a difficult time being considered before the 2007 session.
Folwell introduced the legislation at the request of the Winston-Salem/Forsyth County School Board. He was a member of that board in 1999, when a woman visiting from Costa Rica sped past a bus and struck his son, Dalton Reeves Folwell, 7, as he boarded the bus headed to school.
Dalton died of head and chest injuries. The driver of the car was sentenced to 100 hours of community service for misdemeanor death by motor vehicle.
Folwell's bill also would remove a provision that requires that the words "School Bus" on the back of buses be at least 8 inches high. He said that in some cases, defense lawyers have been able to get charges against clients dismissed because letters on a bus were one-quarter inch shorter than the statute required.
Folwell, a first-term legislator, has not shared the story of his son's death with many General Assembly colleagues and said he does not plan to use it to lobby for passage of the bill.
"That's something I've never really discussed in Raleigh," Folwell said. "I've sort of left that back home.
"It's obviously common knowledge. I'm just trying to compartmentalize it and fulfill the request of my local board of education."
Folwell also introduced a bill Wednesday that would make it easier for off-duty law-enforcement officers to carry concealed weapons outside their home county.
"My belief is that the sworn law enforcement officers of our state are never off duty," Folwell said. "I just want them to have the opportunity if they want to carry a concealed weapon."
Other newly introduced bills included:
A proposal from Rep. Mark Hilton, R-Catawba, to waive the marriage license fee for couples who get premarital counseling. Legislation sponsored by Rep. Cary Allred, R-Alamance, that would allow state and local law-enforcement officers to enforce federal immigration laws to fullest extent possible. Another effort to remove the 100-school cap on charter schools, this one sponsored by Rep. Doug Vinson, R-Mecklenburg. The House approved legislation in 2003 to increase the cap to 110, but the Senate never took up the bill.
I'll never forget this. Everyone's heart ached for Dale. Dale's a good conservative, BTW.
As I heard a speechmaker say one time a few years ago: "If I hear about just ONE more stupid law being passed 'for the children', I'm going to go out and kick one of the little bastards."
Prayers for the family and I hope the bill becomes law.
This is totally inexcusible
In most states I have been in, passing a stopped schoolbus with the lights flashing ranks right up with DUI as an offense.
Hitting someone when you have flashing lights warning you that someone is crossing is a higher degree of negligence than hitting someone who crosses without notice.
It should bring a much higher penalty.
SO9
Although that was my first reaction, a second reading leads me to believe that that's not the case.
The wording says: Striking someone after passing the bus would become a felony.
It would more likely be a student, but an "ordinary pedestrian" is seemingly covered as well.
Is this killer from Costa Rica still "visiting" the United States? I see this as yet more mayhem created by illegal aliens
I take your point, but what's next?
Perhaps Striking someone after passing the dump truck would become a felony.???
So school buses are special, but if you whack somebody by negligently passing a beerwagon it's not so bad?
I hope you see the sarcasm here.
Yep. All she got was 100 hours of community service.
We just visited Costa Rica, and no one passed school buses, ever.
Deaths and injuries would be prevented if this were done, but that is why the socialists/liberals are against it.
I know what you mean about the "it's for the children" nonsense, but this bill would make it the same as killing someone after running a red light or going through a stop sign. After all, as So9 points out, if the bus is stopped, it has a stop-sign sticking out and it has flashing orange lights.
typical political incompetence in NC from poiticians!!!!!!!!
You could argue that a school bus shouldn't have such protection. Is that what you're saying?
As someone who, as an adult, was run down while in a crosswalk, I would say yes. Not seeing a pedestrian can be simple negligence. Driving past a bus with its sign out and its lights flashing is willful misconduct. If you can't see a schoolbus, you don't belong on the road.
Then it's already covered by existing laws, isn't it?
Of course they're "more equal," you freaking moron. An adult is far more capable of taking care of himself in traffic than a seven-year-old...that little kid isn't even tall enough to be seen by drivers. That's why we have laws.
Here's one for you: Why don't you just ignore the stopped school bus, and flashing lights, and safety arm...and buzz on through? And then explain to the trooper: Hey there's not special protection for me when I get off a bus, why should these little kids get special priveleges?
I think they mean the STOP sign ON THE BUS. I understand (sort of) your sarcasm here, but the point of the legislation is to make penalties tougher on people who pass stopped school busses, who have the lights flashing and the stop sign out. Kids coming off these busses cannot see around them and if some idiot goes whizzing by one with a child coming around it, they are killed more than likely.
Frankly, I have NO problem with this whatsoever. Like someone else said, if you can't see the lights and big stop sign on a school bus stopped to pick up or let off a kid, you don't belong on the road.
Yes, I know. That's what I meant, too. A stop sign is a stop sign - they are well-covered by existing laws.
Since more laws make us more perfect, how many more laws will we have/"need" in the next 10 years? 20 years? 50 years?
Why don't we just go for perfection now, and pass 50 years of more laws all at once? It'll save money in the long run, and zillions of chilldruns too, no doubt.
More laws, more perfection! Because, obviously, our society was teetering on oblivion a few decades ago when we didn't have all the perfection-minded laws we have now.
Look, face it - a grieving politician's kid got mowed down, so all of a sudden this particular law became the most important thing in the entire universe. That's all.
I would also add that these laws are bad for children, because it teaches them that it's OK to cross the street on a red light.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.