CERTIFICATION OF ENROLLMENT

 

                   SUBSTITUTE HOUSE BILL 2885

 

 

                   Chapter 206, Laws of 1998

 

                         (partial veto)

 

 

 

                        55th Legislature

                      1998 Regular Session

 

 

DRUNK DRIVING--ADDITIONAL PENALTY OPTIONS

 

 

 

                    EFFECTIVE DATE:  6/11/98

Passed by the House March 9, 1998 

Yeas 95   Nays 0

 

 

 

             CLYDE BALLARD

Speaker of the

      House of Representatives

 

Passed by the Senate March 5, 1998

  Yeas 48   Nays 0

             CERTIFICATE

 

I, Timothy A. Martin, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 2885  as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

               BRAD OWEN

President of the Senate

          TIMOTHY A. MARTIN

                          Chief Clerk

 

 

Approved March 30, 1998, with the exception of section 2, which is vetoed.Place Style On Codes above, and Style Off Codes below.     

                                FILED          

 

 

           March 30, 1998 - 2:43 p.m.

 

 

 

              GARY LOCKE

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

                    SUBSTITUTE HOUSE BILL 2885

          _______________________________________________

 

                     AS AMENDED BY THE SENATE

 

             Passed Legislature - 1998 Regular Session

 

State of Washington      55th Legislature     1998 Regular Session

 

By House Committee on Law & Justice (originally sponsored by Representatives Mulliken, Sheahan, Costa, McDonald, Backlund, Mielke, Smith, Boldt and Thompson)

 

Read first time 02/05/98.  Referred to Committee on .

Providing additional penalty options for drunk driving.    


    AN ACT Relating to drunk driving; reenacting and amending RCW 46.61.5055; creating a new section; and prescribing penalties.

 

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

 

    Sec. 1.  RCW 46.61.5055 and 1997 c 229 s 11 and 1997 c 66 s 14 are each reenacted and amended to read as follows:

    (1) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has no prior offense within five years shall be punished as follows:

    (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

    (i) By imprisonment for not less than one day nor more than one year.  Twenty-four consecutive hours of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being.  Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based.  In lieu of the mandatory minimum term of imprisonment required under this subsection (1)(a)(i), the court may order not less than fifteen days of electronic home monitoring.  The offender shall pay the cost of electronic home monitoring.  The county or municipality in which the penalty is being imposed shall determine the cost.  The court may also require the offender's electronic home monitoring device to include an alcohol detection breathalyzer, and the court may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring; and

    (ii) By a fine of not less than three hundred fifty dollars nor more than five thousand dollars.  Three hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

    (iii) By suspension of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of ninety days.  The period of license, permit, or privilege suspension may not be suspended.  The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall suspend the offender's license, permit, or privilege; or

    (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

    (i) By imprisonment for not less than two days nor more than one year.  Two consecutive days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being.  Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based.  In lieu of the mandatory minimum term of imprisonment required under this subsection (1)(b)(i), the court may order not less than thirty days of electronic home monitoring.  The offender shall pay the cost of electronic home monitoring.  The county or municipality in which the penalty is being imposed shall determine the cost.  The court may also require the offender's electronic home monitoring device to include an alcohol detection breathalyzer, and the court may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring; and

    (ii) By a fine of not less than five hundred dollars nor more than five thousand dollars.  Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

    (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of one year.  The period of license, permit, or privilege suspension may not be suspended.  The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall suspend the offender's license, permit, or privilege.

    (2) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has one prior offense within five years shall be punished as follows:

    (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

    (i) By imprisonment for not less than thirty days nor more than one year.  Thirty days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being.  Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

    (ii) By a fine of not less than five hundred dollars nor more than five thousand dollars.  Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

    (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of two years.  The period of license, permit, or privilege revocation may not be suspended.  The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege; or

    (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

    (i) By imprisonment for not less than forty-five days nor more than one year.  Forty-five days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being.  Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

    (ii) By a fine of not less than seven hundred fifty dollars nor more than five thousand dollars.  Seven hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

    (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of nine hundred days.  The period of license, permit, or privilege revocation may not be suspended.  The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege.

    (3) A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has two or more prior offenses within five years shall be punished as follows:

    (a) In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

    (i) By imprisonment for not less than ninety days nor more than one year.  Ninety days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being.  Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

    (ii) By a fine of not less than one thousand dollars nor more than five thousand dollars.  One thousand dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

    (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of three years.  The period of license, permit, or privilege revocation may not be suspended.  The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege; or

    (b) In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:

    (i) By imprisonment for not less than one hundred twenty days nor more than one year.  One hundred twenty days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being.  Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

    (ii) By a fine of not less than one thousand five hundred dollars nor more than five thousand dollars.  One thousand five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

    (iii) By revocation of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of four years.  The period of license, permit, or privilege revocation may not be suspended.  The court shall notify the department of licensing of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, permit, or privilege.

    (4) In exercising its discretion in setting penalties within the limits allowed by this section, the court shall particularly consider whether the person's driving at the time of the offense was responsible for injury or damage to another or another's property.

    (5) An offender punishable under this section is subject to the alcohol assessment and treatment provisions of RCW 46.61.5056.

    (6) After expiration of any period of suspension or revocation of the offender's license, permit, or privilege to drive required by this section, the department shall place the offender's driving privilege in probationary status pursuant to RCW 46.20.355.

    (7)(a) In addition to any nonsuspendable and nondeferrable jail sentence required by this section, whenever the court imposes less than one year in jail, the court shall also suspend but shall not defer a period of confinement for a period not exceeding ((two)) five years.  The court shall impose conditions of probation that include:  (i) Not driving a motor vehicle within this state without a valid license to drive and proof of financial responsibility for the future; (ii) not driving a motor vehicle within this state while having an alcohol concentration of 0.08 or more within two hours after driving; and (iii) not refusing to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor.  The court may impose conditions of probation that include nonrepetition, installation of an ignition interlock or other biological or technical device on the probationer's motor vehicle, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate.  The sentence may be imposed in whole or in part upon violation of a condition of probation during the suspension period.

    (b) For each violation of mandatory conditions of probation under (a)(i) and (ii) or (a)(i) and (iii) of this subsection, the court shall order the convicted person to be confined for thirty days, which shall not be suspended or deferred.

    (c) For each incident involving a violation of a mandatory condition of probation imposed under this subsection, the license, permit, or privilege to drive of the person shall be suspended by the court for thirty days or, if such license, permit, or privilege to drive already is suspended, revoked, or denied at the time the finding of probation violation is made, the suspension, revocation, or denial then in effect shall be extended by thirty days.  The court shall notify the department of any suspension, revocation, or denial or any extension of a suspension, revocation, or denial imposed under this subsection.

    (8)(a) A "prior offense" means any of the following:

    (i) A conviction for a violation of RCW 46.61.502 or an equivalent local ordinance;

    (ii) A conviction for a violation of RCW 46.61.504 or an equivalent local ordinance;

    (iii) A conviction for a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug;

    (iv) A conviction for a violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug;

    (v) A conviction for a violation of RCW 46.61.5249 or an equivalent local ordinance, if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522;

    (vi) An out-of-state conviction for a violation that would have been a violation of (a)(i), (ii), (iii), (iv), or (v) of this subsection if committed in this state;

    (vii) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61.502, 46.61.504, or an equivalent local ordinance; or

    (viii) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61.5249, or an equivalent local ordinance, if the charge under which the deferred prosecution was granted was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522.

    (b) "Within five years" means that the arrest for a prior offense occurred within five years of the arrest for the current offense.

 

    *NEW SECTION.  Sec. 2. If this act mandates an increased level of service by local governments, the local government may, under RCW 43.135.060 and chapter 4.92 RCW, submit claims for reimbursement by the legislature.  The claims shall be subject to verification by the office of financial management.

*Sec. 2 was vetoed.  See message at end of chapter.


    Passed the House March 9, 1998.

    Passed the Senate March 5, 1998.

Approved by the Governor March 30, 1998, with the exception of certain items that were vetoed.

    Filed in Office of Secretary of State March 30, 1998.


 

    Note:  Governor's explanation of partial veto is as follows:

 

    "I am returning herewith, without my approval as to section 2, Substitute House Bill No. 2885 entitled:

 

"AN ACT Relating to drunk driving;"

 

    SHB 2885 allows fifteen to thirty-day periods of home confinement in lieu of one to two days in jail for first-time DUI offenders.  This legislation will be effective in reducing the jail costs of local governments.

 

    Section 2 of SHB 2885 would require that the Office of Financial Management verify claims from local governments for increased levels of services mandated by the act.  This section would add an unnecessary additional bureaucratic layer to the existing statutory and procedural process for handling these claims.  I will direct the Office of Financial Management and the Department of General Administration to work collaboratively with the appropriate legislative committees to ensure that timely and accurate information is provided to the Legislature.

 

    For this reason, I have vetoed section 2 of Substitute House Bill No. 2885.

 

    With the exception of section 2, Substitute House Bill No. 2885 is approved."