FINAL BILL REPORT

SB 5381

                              C 405 L 89

BYSenators Sellar, Talmadge, Thorsness, Moore, Newhouse, Anderson, Lee, Saling, Amondson, Cantu, Rasmussen, Nelson, McMullen, West, Craswell and Barr

Increasing penalties for vehicular homicide due to drunken or reckless driving.

Senate Committee on Law & Justice

House Committe on Judiciary

Rereferred House Committee on Appropriations

SYNOPSIS AS ENACTED

BACKGROUND:

A person is guilty of vehicular homicide when the death of a person occurs as a proximate result of an injury caused by:  (1) the driving of a vehicle while under the influence of intoxicating liquor or any drug; or (2) the operation of a motor vehicle in a reckless manner; or (3) the operation of a motor vehicle with disregard for the safety of others.

The crime of vehicular homicide is assigned to seriousness level VII pursuant to the Sentencing Reform Act.  The standard range presumptive sentence for crimes included in seriousness level VII is 15-20 months.

SUMMARY:

Vehicular homicide while the driver is under the influence of intoxicating liquor or any drug or is operating a vehicle in a reckless manner is classified as a seriousness level VIII offense.  The standard range presumptive sentence for crimes included in seriousness level VIII is 21-27 months.

The crime of vehicular homicide when caused by disregard for the safety of others remains classified within seriousness level VII.

VOTES ON FINAL PASSAGE:

     Senate   45    0

     House 96  1 (House amended)

     Senate   43    0 (Senate concurred)

EFFECTIVE:July 23, 1989