S-0090.1/91       _______________________________________________

                                 SENATE BILL 5068

                  _______________________________________________

State of Washington              52nd Legislature             1991 Regular Session

By Senators Nelson, Rasmussen, Bailey, Metcalf, Erwin, Oke, Craswell, McCaslin, Thorsness and Sellar.

Read first time January 17, 1991.  Referred to Committee on Law & Justice.Changing provisions relating to vehicular offenses.

     AN ACT Relating to vehicular offenses; amending RCW 46.61.520 and 46.61.522; and prescribing penalties.

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 person is guilty of vehicular homicide if the person 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)) When serious bodily injury occurs as the proximate result of the driving of any vehicle by any person, the person is guilty of vehicular assault if ((he operates or drives any vehicle)) the person 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.