LANSING — Michigan could soon enact new legal penalties for drivers who hit pedestrians, bicyclists or other roadway users.
“Under these bills, law enforcement and prosecutors would be afforded another tool to fill the gap between basic traffic infractions and more serious crimes,” said Sen. Sean McCann, (D) District 19, Kalamazoo.
Currently, Michigan drivers who kill pedestrians are generally charged under two statutes.
One is a moving violation resulting in death, a one-year misdemeanor.
The other is second degree murder — that can carry up to life in prison and is reserved for more severe cases.
“Law enforcement is often left to pursue only the simplest charges — again, a one year misdemeanor, which is easiest to prove, leaving the victims and families without a true sense of justice,” said Jeff Carek, interim director of the League of Michigan Bicyclists.
The proposals — SB 216 and SB 217 — would create three new felony moving violations: 5 years or $5,000 for a violation resulting in hospitalization; 10 years or $7,500 for a violation resulting in death; and 15 years or $7,500 for a violation resulting in the death of someone driving a tractor.
The bill also defines a ‘vulnerable roadway user’ as a pedestrian, bicyclist, wheelchair user or someone in a horse-drawn carriage, among others.
Michigan repealed its involuntary manslaughter statute in 2008, and the standard manslaughter charge remains a high bar to clear.
“These bills provide prosecutors with more appropriate tools and ensure meaningful consequence for those whose negligence harms vulnerable roadway users,” Carek said.
According to Michigan State Police, the state saw more than 2,000 pedestrian-involved crashes in 2023, including 183 pedestrian deaths.
There were also nearly 1,500 bicycle-involved crashes that year, including 24 bicyclist deaths.
In each case of a pedestrian being harmed, prosecutors would still evaluate the specifics to determine whether charges are warranted — those standards would still protect drivers in cases where roadway users may have acted recklessly.
Amy reiser, assistant washtenaw co. Prosecutor (25:29, 6) -
“I think it gives us that ability to look at all the facts and an investigation to be done before charges are brought,” said Amy Reiser, Washtenaw County assistant prosecutor.
The policies would also expand some aspects of Michigan’s ‘move over’ law, which requires drivers to slow down and keep one lane of distance from stopped emergency vehicles, when possible.
Under the bill, those legal protections would apply for anyone stopped on the side of a highway displaying hazard lights.
“Not just emergency response or service and maintenance vehicles — any vehicle, including anyone on the road, pulled over with car trouble,” said Sen. Thomas Albert, (R) District 18, Lowell.
Both bills passed with support from three quarters of the Senate, likely signaling a path to continued bipartisan support in the House.