H-0111.1          _______________________________________________

                                  HOUSE BILL 1134

                  _______________________________________________

State of Washington              52nd Legislature             1991 Regular Session

By Representatives Haugen, Ludwig, Zellinsky, Scott, Brough, Ferguson, Kremen, Cantwell, Holland, Forner, Chandler, Wood, Roland, R. Johnson, Vance, Broback, Van Luven, Paris, May, Rayburn, Wynne, Bowman, Sprenkle and Orr.

Read first time January 21, 1991.  Referred to Committee on Judiciary. Requiring the defendant in vehicular assault and vehicular homicide to prove that the negligent act was not the proximate cause of the injury.

     AN ACT Relating to vehicular crimes; and amending RCW 46.61.520 and 46.61.522.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 46.61.520 and 1983 c 164 s 1 are each amended to read as follows:

     (1) When the death of any person ensues within three years as a proximate result of injury proximately caused by the driving of any vehicle by any person, the driver is guilty of vehicular homicide if the driver was driving:

(a) While under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.502((, or by the operation of any vehicle));

(b) In a reckless manner; or

(c) With disregard for the safety of others((, the person so operating such vehicle is guilty of vehicular homicide)).

     (2) In any prosecution under this section, it is a defense that no negligent act of the defendant was a proximate cause of the death.  The defendant bears the burden of proving this defense by a preponderance of the evidence.

(3) Vehicular homicide is a class B felony punishable under chapter 9A.20 RCW.

     Sec. 2.  RCW 46.61.522 and 1983 c 164 s 2 are each amended to read as follows:

     (1) ((A person)) When serious bodily injury occurs as the proximate result of the driving of any vehicle by any person, the driver is guilty of vehicular assault if ((he operates or drives any vehicle)) the driver was driving:

     (a) In a reckless manner((, and this conduct is the proximate cause of serious bodily injury to another)); or

     (b) While under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.502((, and this conduct is the proximate cause of serious bodily injury to another)).

     (2) In any prosecution under this section, it is a defense that no negligent act of the defendant was a proximate cause of the injury.  The defendant bears the burden of proving this defense by a preponderance of the evidence.

(3) "Serious bodily injury" means bodily injury which involves a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any part or organ of the body.

     (((3))) (4) Vehicular assault is a class C felony punishable under chapter 9A.20 RCW.