The Law Blog of Oklahoma

Lawmaker Wants to Amend Texting Bill to Honor Slain Trooper

Friday, February 13, 2015

On January 31, Oklahoma Highway Patrol Troopers Nicholas Dees and Keith Burch were investigating an overturned tractor trailer on westbound I-40 east of Shawnee in Seminole County. At approximately 10:00 p.m. a speeding vehicle went around both patrol cars, striking the troopers. Trooper Dees, who had been with the OHP only 18 months, died in the accident, which sent his colleague, Trooper Burch to the hospital with serious injuries.

After the accident, the man driving the vehicle which struck the troopers and killed Dees was arrested. Steven Wayne Clark, 29, was charged with first degree manslaughter.

Clark allegedly admitted that he saw the patrol vehicles' flashing lights, but did not merge to the right to avoid the accident.

Reports say Clark was distracted, updating his social media sites at the time of the accident.

Now, an Oklahoma lawmaker wants to amend one of the legislature's pending anti-texting-while-driving bills to honor Troopers Dees and Burch.

House Bill 1965, authored by Rep. Terry O'Donnell (R-Catoosa), is one of several texting while driving bills presented during the legislative session. This bill amends existing distracted driving laws to make it a misdemeanor use a cell phone or electronic communication device while driving. A first offense would be punishable by a $250 fine, with fines doubled for second and subsequent offenses.

Rep. Mike Christian (R-Oklahoma City) has proposed amending HB 1965 to name it after the fallen and injured troopers involved in the recent accident. Christian is said to have hand-delivered a copy of the proposed amended bill to Trooper Burch in his hospital room.

Currently, 43 states have laws specifically banning texting while driving. Oklahoma is not one of them. For the past five years, Oklahoma lawmakers have presented bills that would enact texting-while-driving legislation and strengthen existing distracted driving laws, but each year, those measures have failed.

This year, in addition to HB 1965, there are at least four other bills aimed at prohibiting texting while driving. The least punitive, SB 43 (Anderson) would create the "No Texting While Driving Act," but it would make the offense punishable by a mere $20 fine. The most punitive, HB 1009 (Perryman) would make texting while driving punishable by a $500 fine.

Learn more about 2015 proposed texting legislation here.

To learn more about the dangers of texting while driving, see our infographic comparing texting while driving to drunk driving.

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