HOUSE BILL REPORT

                 SHB 1183

                       As Passed House

                       March 11, 1991

Title:  An act relating to driving violations.

Brief Description:  Changing provisions relating to negligent and inattentive driving.

Sponsor(s):  By House Committee on Judiciary (originally sponsored by Representatives Ludwig, Wynne, Orr and Rasmussen).

Brief History:

  Reported by House Committee on:

Judiciary, February 20, 1991, DPS;

Passed House, March 11, 1991, 96-1.

HOUSE COMMITTEE ON

JUDICIARY

Majority Report: That Substitute House Bill No. 1183 be substituted therefor, and the substitute bill do pass.  Signed by 16 members:  Representatives Appelwick, Chair; Ludwig, Vice Chair; Padden, Ranking Minority Member; Paris, Assistant Ranking Minority Member; Broback; Forner; Inslee; Locke; Mielke; H. Myers; Riley; Scott; D. Sommers; Tate; Vance; and Wineberry.

Minority Report: Do not pass.  Signed by 3 members:  Representatives Belcher; Hargrove; and R. Meyers. 

Staff:  Bill Perry (786-7123).

Background:  The crime of negligent driving involves "operation of a vehicle in such a manner as to endanger or be likely to endanger any persons or property."  The only penalty prescribed for negligent driving is a fine of not more than $250.

Summary of Bill:  The crime of first-degree negligent driving is created.  The crime consists of negligent driving while having consumed alcohol or drugs, but in an amount insufficient to constitute DWI.

The penalties for first-degree negligent driving include a fine of up to $500 and a driver's license suspension of 30 days.  No jail time may be imposed.  Upon conviction, a person must attend alcohol information school and must undergo an alcoholism diagnostic evaluation.  Based on the evaluation, the court may require the person to complete a treatment program.  The court must stay the suspension of the person's driver's license on the condition that the person successfully completes evaluation and any ordered treatment.

A conviction for first-degree negligent driving counts as a prior conviction for purposes of enhancing penalties for a subsequent DWI conviction.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  The bill is a necessary tool for handling bargained-down DWIs.  It also allows treatment of persons with drinking problems before they commit more serious offenses.

Testimony Against:  The State should not allow DWI to be disguised as a lesser offense.

Witnesses:  Judge Robert McBeth, Renton County District Court (in favor of original bill); Gary Riesen, Chelan County Prosecuting Attorney (opposes original bill); Tim Erickson, Washington State Patrol (opposes original bill); and Kurt Sharar, Washington State Association of Counties (opposes original bill).