It won’t officially be called Nick’s Law or Kaye’s Law, but a bill approved by a House committee Friday aims to honor the memory of both Nick and Kaye.
Both were killed in Vermont car crashes attributed to repeat drunken driving offenders, prompting outcries in both cases about how such offenders managed to be on the roads.
Legislation passed Friday by a 10-0 vote of the House Judiciary Committee would bolster prison time for those convicted of a third or subsequent drunken driving offense and makes it a crime for anyone who allows an impaired person to borrow a car. The bill is expected to be voted on next week by the full House.
Vermont has a longstanding tradition of not naming laws after victims, said House Judiciary Committee Chairman Bill Lippert, D-Hinesburg, but his committee included Nick’s and Kaye’s names in the bill.
“It really is our intention in passing this to address the major concerns brought forward by the family and friends of Nick of Franklin County and Key of Chittenden County,” Lippert said. “We appreciate the tenacity and perseverance.”
Nick, 18, of Swanton was killed in 2007 when the car he was riding in was struck by a repeat drunken driving offender going the wrong way on Interstate 89 in Colchester. Shawn Burritt of Jericho was driving drunk, had three previous drunken driving convictions, was on parole and had his driver’s license suspended for life. He also was driving a car registered to someone else with no insurance.
Kay was killed Dec. 26 after the car she was driving was struck by an alleged repeat drunken driver in Burlington. Charges are pending against Timothy Dowd of Hinesburg, who had four previous convictions for drunken driving and allegedly was fleeing police in someone else’s car at the time of the crash. He has pleaded not guilty to related charges, including second-degree murder.
Nick’s family and friends have convened at the Statehouse each year since his death. They pushed at first for mandatory minimum sentences for repeat offenders and other measures.
The House bill comes just shy of requiring mandatory minimum sentences, instead establishing advisory minimum time in prison and requiring judges to explain in writing if they plan to sentence an offender to less time. Lippert said lawmakers are wary of mandatory minimum sentences because they sometimes can make prosecution more difficult.
Rep. Brian Savage, R-Swanton, said Nick’s friends and family support the bill. “This sends the message if you continue to offend, you’re going to face serious jail time,” Savage said.
Along with establishing minimum prison time, the bill also creates a new crime for those who allow someone to use their vehicle while drunk or on drugs.
The bill also increases fines from $100 to $500 for operating without insurance and allows police to confiscate the vehicle of someone violating parole by operating a motor vehicle.
