SENATE BILL REPORT

SB 5819

As Reported By Senate Committee On:

Judiciary, March 5, 2003

Title: An act relating to operation of a vehicle, railroad, street car, vessel, or aircraft involved in a fatality.

Brief Description: Expanding implied consent to operation of a vehicle, railroad, street car, vessel, or aircraft involved in a fatality.

Sponsors: Senators Finkbeiner and Kline.

Brief History:

Committee Activity: Judiciary: 2/28/03, 3/5/03 [DPS].

SENATE COMMITTEE ON JUDICIARY

Majority Report: That Substitute Senate Bill No. 5819 be substituted therefor, and the substitute bill do pass.

      Signed by Senators McCaslin, Chair; Esser, Vice Chair; Brandland, Johnson, Kline and Thibaudeau.

Staff: Lidia Mori (786-7755)

Background: Current law provides that any person who operates a motor vehicle in this state is deemed to have given consent to a test of his or her breath or blood for the purpose of determining the alcohol concentration or presence of any drug in the breath or blood if arrested for any offense where, at the time of the arrest, the officer has reasonable grounds to believe the person had been driving while under the influence of liquor or any drug. The officer is required to inform the person of the right to refuse the test and of the right to have additional tests administered by any qualified person of his or her choosing. The officer must warn the person that if the test is refused, his or her license to drive will be revoked or denied, and if the test shows the alcohol concentration to be .08 or more, his or her license will be suspended, revoked, or denied. The warning must include that if the person refuses the test, it may be used in a criminal trial.

Summary of Substitute Bill: An individual who is under arrest for driving under the influence of alcohol or drugs due to an accident in which there has been serious bodily injury to another person can be administered a breath or blood test without providing his or her consent. This provision applies to any person who operates a vehicle, street car, rail fixed guideway system, vessel, aircraft or other conveyance in this state that is not governed by the National Transportation Safety Board.

Substitute Bill Compared to Original Bill: The substitute bill extends current law regarding implied consent, RCW 46.20.308, to operation of vehicles, street cars, rail fixed guideway systems, vessels, aircraft, and other conveyances not governed by the national traffic safety board. Application to railroads is removed.

Appropriation: None.

Fiscal Note: Available.

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

Testimony For: A 22-year old pedestrian was killed by a car driven by a Washington State Patrol officer in February 2002. The victim was tested for alcohol or drugs but the driver of the vehicle was not. In order to get a complete picture of what happened, it seems only fair and logical to also test the driver involved. The eight-hour time frame contained in the bill causes some concern. There is already a .02 standard for commercial vehicle drivers but this bill would not affect that situation negatively. Railroads are covered by stringent federal law.

Testimony Against: None.

Testified: Dan Loshbaugh; Melodee Loshbaugh; Glen Cramer, Washington State Patrol (pro with concerns); Tom Retterath, United Transportation Union (with concerns); Bill Stauffacher, Burlington Northern and Santa Fe Rail (with concerns).