Sunday, June 8, 2003

'Chuck's

Law' signed by governor requires police to plan for chases

MUNFORD

[email protected]

Georgia's police

agencies are now required to have a policy about the high speed pursuit

of suspects after Gov. Sonny Perdue signed a bill to that affect Wednesday

morning.

The bill, sponsored

Law" in memory of Peachtree City resident Chuck Vicha, who was killed

last summer when a Jonesboro woman fleeing Luthersville police struck

his minivan on the driver's side.

The bill requires

police to develop a pursuit policy that addresses how chases will be handled

when they enter other jurisdictions, Seabaugh said. The law stops short,

however, of telling the departments what those regulations should be,

the senator added.

"That's

a community decision," Seabaugh said. "The goal is public safety

so the average citizen has great assurance they can move about their communities

in a safe manner."

Seabaugh noted

that several police associations have sample policies that law enforcement

agencies can customize to suit their needs.

"It's

not like they have to start from scratch," Seabaugh said.

Agencies that

don't comply with the law by Jan. 1 of next year could lose their state

funding.

Chuck Vicha's

mother, Alice Vicha, has fought to establish guidelines for high-speed

police chases. She said the new law "is a step" but she wants

to see more done, specifically making the offense of fleeing and attempting

to elude a police officer a felony. Currently, that crime is a misdemeanor

in most circumstances unless another felony has been committed in conjunction

with the fleeing charge.

Vicha admitted

that even if the crime had been a felony, it might not have stopped Lorraine

McCrary from speeding away from Luthersville police and eventually colliding

with her son's vehicle.

"But it

might deter other people," Vicha said.

Seabaugh said

he felt confident the crime would be upgraded to a felony during next

year's legislative session. A bill that would have done just that could

not be passed through a very busy Judiciary Committee this year, Seabaugh

said.

Seabaugh will

also work on developing a statewide communication system for law enforcement

agencies so they can reach each other more easily than the current radio

system.

"I think

this is truly the most critical part," Seabaugh said, referring to

the new requirement for police agencies to develop chase procedures.

The bill passed

47-0 in the Senate and 156-7 in the House, Seabaugh said, noting the widespread

support the initiative received.

"I have

had to help change some of these laws to make some sense out of Chuck's

death," Vicha said. "I think Sen. Seabaugh's office is probably

tired of me. I think they know me by my voice."

Vicha also

wants police officers to be trained on how to end high-speed chases; currently

such specialized training is reserved for Georgia State Troopers and is

not covered during an officer's police academy training.

"Had this

guy known," Vicha said, referring to the Luthersville officer who

chased McCrary before the deadly crash, "he could have taken her

out before she got there."

Seabaugh said

he wants police agencies to determine what kind of training is needed

so the program can be offered at the state's police academy. The high

speed pursuit training for state troopers can take police officers and

sheriff's deputies when slots are open, but there is no similar class

just for regular deputies and patrolmen, Seabaugh said.

Peachtree City

Police Chief James Murray, who has been criticized in law enforcement

circles for advocating a restrictive chase policy, said he appreciated

Seabaugh's work on getting the bill passed.

"The key

is to make it safe and apprehend criminals who need to be apprehended,"

Murray said. "We can't treat innocent people as collateral damage."

Last year,

Murray petitioned then-Gov. Roy Barnes to enact statewide restrictions

on police chases; Barnes declined, and Seabaugh took the charge, convening

a meeting of the Senate's public safety committee to discuss the issue

with public input.

With scant

advance notice, Peachtree City officers blocked off intersections on Ga.

Highway 54 as the pursuit headed east after entering from Coweta County

on Hwy. 54 and detouring through The Avenue at Peachtree City shopping

center. One Peachtree City officer followed a little behind the two pursuing

Luthersville officers in case they needed backup at some point, police

said.

After the incident,

the Peachtree City Police Department reviewed how it was handled, which

it does after all pursuits, one of the many requirements of the department's

national accreditation, Murray said.

"We're

just trying to have chiefs and city officials to look at this and determine

how to make it better," Murray said of the new legislation.

A number of

police officers are killed during high speed chases, Murray added.

Alice Vicha

remains dedicated to the issue and doesn't appear satisfied to drop the

matter now. After signing the bill in a brief ceremony, Gov. Perdue presented

the pen he used to Vicha in appreciation for her efforts.

"I hope

to continue being a spokesperson for all unfortunate people who have been

killed in a high speed police chase who can no longer speak for themselves,"

Vicha said, adding that she appreciated the efforts of Seabaugh, Gov.

Perdue and Chief Murray "and all those who pushed for the bill."

Murray said

he considers the issue a matter of public safety.

"We have

to go