'Chuck's Law' signed by governor requires police to plan for chases

By JOHN MUNFORD
jmunford@TheCitizenNews.com

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 by Sen. Mitch Seabaugh (R-Sharpsburg), was commonly referred to as "Chuck's 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 back to 'Serve and Protect,'" Murray said, referring to a long-standing motto used by many police agencies. "It's a very important word: protect."