Senate committee hears survivor testimony and law-enforcement support for "vulnerable roadway users" bills

Senators on the Civil Rights, Judiciary and Public Safety Committee heard emotional testimony and technical explanations about Senate Bills 216 and 217, a bipartisan package the sponsors say would create new felony charges and strengthen Michigan's move-over law to protect pedestrians, cyclists, equestrians and others.

The bills, introduced by Senators McCann and Albert, would create a class E felony for a moving violation causing serious injury and a class C felony for a moving violation causing death, with penalties the sponsor described as up to 10 years in prison and fines up to $7,500. Senator McCann said the change is intended to fill a prosecutorial gap between traffic infractions and existing serious criminal charges: "As it stands currently, many Michigan drivers who kill a bicyclist in a crash are only charged with a misdemeanor," she said, recounting a 2016 Kalamazoo crash that killed five cyclists.

Sponsors and witnesses told the panel they sought both stronger charging options and clearer enforcement guidance. Senator Albert described a revised move-over provision that would apply whenever an approaching motorist nears any stationary vehicle on a roadway with at least two adjacent lanes in the same direction — not just emergency vehicles — and said drivers should slow by at least 10 mph below the posted limit when moving over is not possible. He noted the civil fine would remain $400, with an enhanced $750 fine when emergency responders are involved.

Law-enforcement and advocacy testimony underscored prosecutorial and investigative limitations in current practice. Jeff Kerrick, interim executive director of the League of Michigan Bicyclists and a former deputy sheriff, said victims and families often feel the system delivers "a mere slap on the wrist," and urged the committee to give prosecutors another charging tool. Assistant Washtenaw County Prosecutor Amy Reiser, who also described a personal family loss, said additional charges would encourage investigations and allow prosecutors to consider felony charges where appropriate: "I think it's very important legislation and I would urge you to pass it," she said.

Committee members questioned how the bills would be implemented. Senators asked whether the bills require a finding of negligence, how investigators would distinguish unavoidable crashes from reckless conduct, and how liability and insurance considerations factor into criminal charging. Sponsors and witnesses repeatedly said the statutes would not mandate automatic criminal charges in every crash; instead, investigations by law enforcement would be submitted to prosecutors for case-by-case charging decisions.

Supporters also emphasized education: the League and allied groups said they would update publications, pursue public service announcements, and train law enforcement on investigating crashes involving vulnerable roadway users. Survivors of the Kalamazoo crash who testified asked legislators to "close the gap" between misdemeanor traffic penalties and felony-level consequences for serious injury and death.

The committee did not vote on the bills at this hearing. The chair moved through routine business earlier in the meeting by unanimous consent — "Without objection, the minutes are adopted" — but no formal roll-call votes on SB 216 or SB 217 were recorded. The bills will return to committee for further consideration, amendment or scheduling as determined by leadership.