HOUSE BILL REPORT

                     SSB 6330

                              As Passed House

                               March 5, 1992

Title:  An act relating to driving while license suspended or revoked.

Brief Description:  Concerning the operation of a motor vehicle while license is suspended or revoked.

Sponsor(s):  By Senate Committee on Law & Justice (originally sponsored by Senators Nelson, Madsen, Bauer, McCaslin, Oke and Roach).

Brief History:

   Reported by House Committee on:

Judiciary, February 28, 1992, DP;

Passed House, March 5, 1992, 97-0.

HOUSE COMMITTEE ON

JUDICIARY

Majority Report: Do pass.  Signed by 19 members:  Representatives Appelwick, Chair; Ludwig, Vice Chair; Padden, Ranking Minority Member; Paris, Assistant Ranking Minority Member; Belcher; Broback; Forner; Hargrove; Inslee; Locke; R. Meyers; Mielke; H. Myers; Riley; Scott; D. Sommers; Tate; Vance; and Wineberry.

Staff:  Bill Perry (786-7123).

Background:  In 1991, upon the recommendation of a task force composed of judges, prosecutors, attorneys, the state patrol, and the Department of Licensing, the Legislature enacted a statute that restructured the various crimes of driving with a suspended or revoked license into three categories of severity.

The first-degree crime is a gross misdemeanor with mandatory minimum penalties that escalate with repeat offenses.  The second-degree crime is also a gross misdemeanor but without the mandatory minimum penalties.  This crime involves driving with a suspended license and not being eligible for reinstatement.  The third-degree crime is a misdemeanor and involves driving with a suspended license because of failure to get alcohol or drug treatment or failure to furnish financial responsibility.

The task force intended that the third-degree crime would also include a person who was driving while suspended but while eligible to be reinstated.  However, this provision is not explicitly included in the statute.

Summary of Bill:  The statute which sets forth the penalties for driving with a suspended or revoked license is clarified for crimes in the third degree.  A person who drives while suspended or revoked, but who is eligible for reinstatement, is guilty of the crime of driving while license suspended or revoked in the third degree, a misdemeanor.

Fiscal Note:  Not requested.

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

Testimony For:  The bill clarifies the intent of last year's legislation and closes a loophole.

Testimony Against:  None.

Witnesses:  Judge Robert McBeth, Washington State District and Municipal Court Judges Association (in favor).