SENATE BILL REPORT

                   SB 6408

              As Reported By Senate Committee On:

                Law & Justice, February 5, 1998

Title:  An act relating to penalties for alcohol violators.

Brief Description:  Increasing penalties for alcohol violators who commit the offense with a person under the age of seventeen in the motor vehicle.

Sponsors:  Senators McCaslin, Kline, Long, Fairley, Stevens, Hargrove, Zarelli, Johnson, Thibaudeau, Haugen, Schow, Roach and Oke.

Brief History:

Committee Activity:  Law & Justice:  1/15/98, 2/5/98 [DPS].

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  That Substitute Senate Bill No. 6408 be substituted therefor, and the substitute bill do pass.

  Signed by Senators Roach, Chair; Johnson, Vice Chair; Goings, Hargrove, Kline, Long, McCaslin, Thibaudeau and Zarelli.

Staff:  Lidia Mori (786-7755)

Background:  A conviction of driving under the influence of alcohol results in jail time, a fine, and suspension or revocation of the convicted person=s driver=s license.  There are no additional penalties in statute to apply in situations where a person is convicted of drunken driving and had a minor present in the vehicle at the time of the arrest. 

At least four states have enacted laws which impose either stiffer penalties for drunken driving with a minor in the vehicle or have created a separate offense such as Aendangering a child by driving under the influence of drugs or alcohol.@

Summary of Substitute Bill:  A person who is convicted of driving under the influence of alcohol or drugs receives double the minimum nonsuspendable and nondeferrable jail sentence required by current law if the offense of driving under the influence of alcohol is committed with a person under the age of 17 in the vehicle.

Substitute Bill Compared to Original Bill:  The substitute bill clarifies that the offender must be convicted of driving under the influence of alcohol or drugs.

Appropriation:  None.

Fiscal Note:  Requested.

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

Testimony For:  A person who drives while drunk and has a minor in the vehicle at the time of the drunk driving should receive a stiffer penalty.

Testimony Against:  None.

Testified:  Senator McCaslin, prime sponsor.