HOUSE BILL REPORT

                     SHB 2675

                              As Passed House

                             February 14, 1992

 

Title:  An act relating to penalties for driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs.

 

Brief Description:  Authorizing court‑ordered attendance at a DUII victims' panel.

 

Sponsor(s):  By House Committee on Judiciary (originally sponsored by Representatives Jones, Mitchell, Wineberry, Wood, Prentice, Brough, Brekke, R. Fisher, Nelson, Winsley, Lisk, Horn, Jacobsen, Franklin and G. Cole).

 

Brief History:

   Reported by House Committee on:

Judiciary, February 6, 1992, DPS;

Passed House, February 14, 1992, 93-0.

 

HOUSE COMMITTEE ON

JUDICIARY

 

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  Signed by 17 members:  Representatives Appelwick, Chair; Ludwig, Vice Chair; Padden, Ranking Minority Member; Paris, Assistant Ranking Minority Member; Belcher; Broback; Forner; Hargrove; Inslee; R. Meyers; Mielke; H. Myers; Riley; Scott; D. Sommers; Tate; and Vance.

 

Staff:  Bill Perry (786-7123).

 

Background:  Persons convicted of driving while under the influence of intoxicating liquor or drugs (DWI) are subject to monetary penalties, driver's license suspension, and mandatory jail time.  A first conviction results in a mandatory one day in jail, a minimum fine of $250, and a license suspension of 90 days.  A second conviction within five years results in a mandatory seven days in jail, a minimum fine of $500, and a license revocation for one year.  Upon a third or subsequent conviction within five years the fine and imprisonment penalties remain the same as for a second conviction, but the driver's license is revoked for two years.

 

In addition, a driver who is convicted of DWI must attend an alcohol information course, must undergo a diagnostic evaluation for alcoholism, and may be required to enter a treatment program.

 

A person charged with DWI may petition for a deferred prosecution on the grounds that alcoholism or drug addiction caused the criminal violation.  If the request is granted, the person must successfully complete a court ordered and monitored treatment program.

 

Summary of Bill:  A person convicted of DWI or granted a deferred prosecution on a DWI charge may be ordered to attend a DWI victims' panel.  Entities may enter into contracts with a court to provide victims' panels.

 

Fiscal Note:  Not requested.

 

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

 

Testimony For:  These victims' panels have been shown to be very effective in reducing recidivism.  They are also helpful to victims.

 

Testimony Against:  None.

 

Witnesses:  Cheryl Fox; Jim Bonte, Clallam County DWI Task Force; Mike Hastings; and Sue White (all in favor).