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Legislation would make injury-causing criminal negligence a felonyJim Baron PROVIDENCE -- When Attorney General Patrick Lynch announced the grand jury indictments stemming from The Station nightclub fire last week, he bemoaned the fact that there was no criminal charge to be brought on behalf of survivors who were severely injured or disfigured. State Rep. Norman Landroche, a fireman who responded to the horrific blaze that killed 100 people and who represents the West Warwick district where the nightclub was located, is moving to change that. Landroche has pre-filed legislation that would make criminal negligence or reckless disregard of the safety of others a felony in the event that someone suffers serious bodily injury. The crime would carry penalties of 10 years in prison or fines of up to $10,000. The Station fire indictments allege criminal negligence that resulted in death, but there is currently no law covering serious bodily injury. If passed, the law would only effect actions that occur after its passage, it can not be applied to the events of the Feb. 20 nightclub fire. "I think it is important to have this as a criminal act where there is a serious bodily injury or disfigurement because of criminal negligence, gross negligence," Landroche told reporters on Tuesday. "I certainly think the criminal law calls for such legislation." Landroche said his bill will not criminalize simple accidents or ordinary negligence. The bill states that for the negligence to become criminal, "the risk must be of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation." Reckless disregard, as defined in the legislation, would mean "when an individual is aware of and consciously disregards a substantial and unjustifiable risk." "We’re saying that type of activity is so reckless that we need a law to provide a deterrent to the public," said William Guglietta, a House staffer who helped draft the bill. Guglietta said there are at least eight other states that have similar laws in place, including Connecticut, New York, Ohio, Alabama and Florida. Asked in what circumstances the law might apply, Guglietta suggested a situation where someone stored fireworks in his or her basement, the fireworks explode and someone is injured. "This would be an assault, because that is a great deviation from the normal course. There are going to be many situations that might arise where we need a charge and we need a deterrent effect so people don’t do that." House Majority Leader Gordon Fox said the bill has his support as well as the backing of House Speaker William Murphy and it will be a priority in the next session of the General Assembly, which convenes Jan. 6. Fox said there is "a fairly high probability that this will pass the House, and quickly." "Criminal statutes can be a deterrent to future conduct, they make people stop and think," Fox added. "If you take certain actions, you will not only be monetarily responsible, you are responsible for the well-being of others." Some people aren’t deterred by monetary responsibilities, Fox said, "because there is insurance for that." Station nightclub owners Jeffrey and Michael Derderian and Daniel Biechele, tour manager for the band Great White whose pyrotechnic display touched off the blaze, were each indicted on 200 counts of involuntary manslaughter for the 100 deaths that resulted from the fire. |
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:: Club Owners Indicted :: Personal Injury Law |
