FINAL BILL REPORT

                  HB 1067

                          C 97 L 97

                     Synopsis as Enacted

Brief Description:  Extending the time limits for commencing a prosecution for certain traffic crimes where a death results.

Sponsors:  Representatives Sterk, Thompson, Costa, Sheahan, Sherstad, Smith, Mielke and O'Brien.

House Committee on Law & Justice

Senate Committee on Law & Justice

Background:  The state must prosecute a person for committing a felony crime within three years after the commission of the crime, unless the Legislature specifically enacts a different statute of limitations.  The crimes of vehicular homicide, vehicular assault, and hit-and-run injury accident are all subject to the three-year statute of limitations period.  In contrast, the crimes of murder, homicide by abuse, and arson if a death results may be prosecuted at any time after the commission of the crime.

A person commits the crime of vehicular homicide if that person=s driving of a vehicle causes the death, within three years, of another person, and if the person was driving the vehicle:  (1) while under the influence of alcohol or drugs; (2) in a reckless manner; or (3) with disregard for the safety of others.  Vehicular homicide is a class A felony.

A person commits the crime of vehicular assault if the person operates a motor vehicle in a reckless manner or while under the influence of drugs or alcohol, and this conduct causes serious bodily injury to another person.  Vehicular assault is a class B felony.

A driver commits the crime of hit-and-run injury accident if the driver is involved in an accident that results in the injury to, or death of, another, and if the driver fails to immediately stop at the scene of the accident and provide assistance and information.  Hit-and-run injury accident is a class C felony.

Summary:  The state may prosecute a defendant for committing the crimes of vehicular homicide, vehicular assault if a death occurs, or hit-and-run injury accident if a death occurs, at any time after the commission of the crime.

Votes on Final Passage:

House  97 0

Senate 41 1

Effective:July 27,  1997