S-1815               _______________________________________________

                                                   SENATE BILL NO. 5868

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senators Newhouse, Talmadge and Rasmussen

Read first time 2/17/87 and referred to Committee on Judiciary.

AN ACT Relating to vehicular homicide and assault; amending RCW 46.20.285, 46.61.520, and 46.61.522; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 24, chapter 121, Laws of 1965 ex. sess. as last amended by section 2, chapter 407, Laws of 1985 and RCW 46.20.285 are each amended to read as follows:

          The department shall forthwith revoke the license of any driver for the period of one calendar year unless otherwise provided in this section, upon receiving a record of the driver's conviction of any of the following offenses, when the conviction has become final:

          (1) For vehicular homicide the period of revocation shall be ((two years)) as established by the court under RCW 46.61.520;

          (2) For vehicular assault the period of revocation shall be as established by the court under RCW 46.61.522;

          (3) Driving a motor vehicle while under the influence of intoxicating liquor or a narcotic drug, or under the influence of any other drug to a degree which renders him incapable of safely driving a motor vehicle, upon a showing by the department's records that the conviction is the second such conviction for the driver within a period of five years.  Upon a showing that the conviction is the third such conviction for the driver within a period of five years, the period of revocation shall be two years;

          (4) Any felony in the commission of which a motor vehicle is used;

          (5) Failure to stop and give information or render aid as required under the laws of this state in the event of a motor vehicle accident resulting in the death or personal injury of another;

          (6) Perjury or the making of a false affidavit or statement under oath to the department under Title 46 RCW or under any other law relating to the ownership or operation of motor vehicles;

          (7) Reckless driving upon a showing by the department's records that the conviction is the third such conviction for the driver within a period of two years.

        Sec. 2.  Section 46.56.040, chapter 12, Laws of 1961 as last amended by section 1, chapter 164, Laws of 1983 and RCW 46.61.520 are each amended to read as follows:

          (1) When the death of any person ensues within three years as a proximate result of injury proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner or with disregard for the safety of others, the person so operating such vehicle is guilty of vehicular homicide.

          (2) Vehicular homicide is a class B felony punishable under chapter 9A.20 RCW. In addition to any penalties imposed under that chapter, the court shall establish a period of driver's license revocation for the vehicle operator of not less than two nor more than ten years.  Pursuant to RCW 46.20.285, the department shall revoke the operator's license for that period.

        Sec. 3.  Section 2, chapter 164, Laws of 1983 and RCW 46.61.522 are each amended to read as follows:

          (1) A  person is guilty of vehicular assault if he operates or drives any vehicle:

          (a) In a reckless manner, and this conduct is the proximate cause of serious bodily injury to another; or

          (b) While under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.502, and this conduct is the proximate cause of serious bodily injury to another.

          (2) "Serious bodily injury" means bodily injury which involves a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any part or organ of the body.

          (3) Vehicular assault is a class C felony punishable under chapter 9A.20 RCW.  In addition to any penalties imposed under that chapter, the court shall establish a period of driver's license revocation for the vehicle operator of not less than one nor more than five years.  Pursuant to RCW 46.20.285, the department shall revoke the operator's license for that period.