HOUSE BILL REPORT

EHB 1081

As Amended by the Senate

BYRepresentatives Padden, Appelwick, Dellwo, Rayburn, Rector, Heavey, Basich, Kremen, Jones, Winsley, P. King, Moyer, Silver, Inslee, Wineberry, H. Myers, Patrick, Miller, Wolfe, Youngsman, Walker, Van Luven, Sprenkle, Nealey, Rasmussen, Brough, May, Brumsickle, Ballard and Anderson; by request of Sentencing Guidelines Commission

Restricting release of persons convicted of vehicular homicide or assault.

House Committe on Judiciary

Majority Report:  Do pass with amendments.  (19)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Brough, Dellwo, Hargrove, Inslee, P. King, Locke, R. Meyers, Moyer, H. Myers, Patrick, Schmidt, Scott, Tate, Van Luven and Wineberry.

House Staff:Bill Perry (786-7123)

AS PASSED HOUSE FEBRUARY 24, 1989

BACKGROUND:

The Sentencing Reform Act (SRA) ranks the crimes of vehicular homicide and vehicular assault at seriousness levels VII and IV respectively.  The presumptive sentence for a first time offender is two years for vehicular homicide and six months for vehicular assault.

In determining an offender's criminal offender score under the SRA, prior felony traffic offenses and DWI's count one point.

Under the SRA, a presentence hearing is held following an offender's conviction.  If the offender has been convicted of a felony sex crime, the department of corrections is required to prepare a presentence report for the court.

Last year the legislature enacted a community placement law that requires offenders convicted of certain crimes to be given an additional one year period of supervision following the completion of their prison sentences.  Those crimes include sex offenses, serious violent offenses, second degree assault, and offenses in which the offender was armed with a deadly weapon.

SUMMARY:

The rules for determining the criminal history score for a person convicted of vehicular homicide or assault are changed.  All prior felony traffic offenses and DWI's count two points rather than one.  Driving with a revoked driver's license is added to the list of crimes considered in criminal history scoring for vehicular homicide or assault.  Juvenile convictions for traffic offenses are counted the same as adult convictions for this scoring as well.  The crime of hit and run involving an unattended vehicle is added to the list of crimes to be considered as criminal history in sentencing for any felony traffic offense.

Presentence reports by the department of corrections are required for convictions of vehicular assault or homicide.

Vehicular assault and homicide are added to the crimes for which community placement must be given.

The act takes effect July 1, 1989 and applies to crimes committed after that date.

EFFECT OF SENATE AMENDMENT:  All of the House Bill is replaced by an increase in the seriousness level ranking of some forms of vehicular homicide.  Vehicular homicide by disregard for the safety of others remains at level VII, but vehicular homicide by recklessness or drunkeness is raised to level IX.

Fiscal Note:      Requested January 24, 1989.

Effective Date:The bill takes effect July 1, 1989.

House Committee ‑ Testified For:    Roxanne Park, Sentencing Guidelines Commission; David Miller (in part).

House Committee - Testified Against:      David Miller (in part).

House Committee - Testimony For:    Stronger penalties for repeat driving offenders are necessary, particularly if there is a vehicular homicide.

House Committee - Testimony Against:      The proposed increases are not great enough.

VOTE ON FINAL PASSAGE:

      Yeas 90; Absent 2; Excused 6

Absent:     Representatives Rayburn and Sayan.

Excused:    Representatives Brough, Chandler, Day, Dellwo, Hankins and Wang.