Info needed on Kadyn’s Law outcomes

While news that a high percentage of Linn County motorists ticketed under the new school bus law have cases either pleaded down or dismissed is disturbing, more information is needed before the public can determine if the intent of Kadyn's Law is being absconded.

According to Gazette analysis, about 38 percent of the 2,660 citations issued statewide for illegally passing a school bus have either led to lesser charges or have resulted in no consequences (either through a dismissal of the case or a finding of not guilty). Of the 290 citations issued in Linn County, about 68 percent have ended in lesser or no charges.

The law, which increased penalties for illegally passing a school bus, was created after Kadyn Halverson, age 7, was fatally struck by a motorist in May 2011 in rural Worth County.

The bill was approved in 2012 without a single dissenting vote. The clear intent of lawmakers and the Department of Transportation was to better protect school children through a multipronged approach.

'It will improve the safety of our children through a combination of increased penalties, increased public awareness and education programs about the importance of safety and stopping for school buses,” Gov. Terry Branstad said at the signing.

While statistics regarding reduced charges or case dismissals and not guilty verdicts may be concerning, such numbers do not provide a complete picture of the law's implementation.

Discretion is provided to law enforcement, prosecutors and judicial officials for good reason. The public believes these individuals are best positioned to review the details of specific cases, and ensure the consequences of illegal activity fit the crime and serve the larger public good.

Allowing additional review is especially important in these instances since Kadyn's Law allows school bus drivers to co-opt the power of law enforcement to issue traffic citations.

Linn County prosecutors have also indicated that reduced charges are working to protect children; that there is no rotating door of repeat offenders and messages of safety are being heard.

Their words need to be proven by providing the public clearer numbers. Findings of not guilty and case dismissals should be separated. What is the recidivism rate when lesser charges are applied?

We need better information to know if the law's safety intent is being followed.

' Comments: (319) 398-8469; editorial@thegazette.com