BILL REQ. #: H-0637.1
| State of Washington | 58th Legislature | 2003 Regular Session |
Read first time 01/17/2003. Referred to Committee on Criminal Justice & Corrections.
AN ACT Relating to attempting to elude a pursuing police vehicle; amending RCW 46.20.285, 46.20.311, 46.61.024, 46.61.520, and 46.61.522; reenacting and amending RCW 9.94A.515 and 9.94A.515; prescribing penalties; providing an effective date; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 46.20.285 and 2001 c 64 s 6 are each amended to read
as follows:
The department shall forthwith revoke the license of any driver for
the period of one calendar year unless otherwise provided in this
section, upon receiving a record of the driver's conviction of any of
the following offenses, when the conviction has become final:
(1) For vehicular homicide the period of revocation shall be two
years. The revocation period shall be tolled during any period of
total confinement for the offense;
(2) Vehicular assault. The revocation period shall be tolled
during any period of total confinement for the offense;
(3) Driving a motor vehicle while under the influence of
intoxicating liquor or a narcotic drug, or under the influence of any
other drug to a degree which renders the driver incapable of safely
driving a motor vehicle, for the period prescribed in RCW 46.61.5055;
(4) For attempting to elude a pursuing police vehicle the period of
revocation is two years;
(5) Any felony in the commission of which a motor vehicle is used;
(((5))) (6) Failure to stop and give information or render aid as
required under the laws of this state in the event of a motor vehicle
accident resulting in the death or personal injury of another or
resulting in damage to a vehicle that is driven or attended by another;
(((6))) (7) Perjury or the making of a false affidavit or statement
under oath to the department under Title 46 RCW or under any other law
relating to the ownership or operation of motor vehicles;
(((7))) (8) Reckless driving upon a showing by the department's
records that the conviction is the third such conviction for the driver
within a period of two years.
Sec. 2 RCW 46.20.311 and 2001 c 325 s 2 are each amended to read
as follows:
(1)(a) The department shall not suspend a driver's license or
privilege to drive a motor vehicle on the public highways for a fixed
period of more than one year, except as specifically permitted under
RCW 46.20.267, 46.20.342, or other provision of law. Except for a
suspension under RCW 46.20.267, 46.20.289, 46.20.291(5), 46.61.740, or
74.20A.320, whenever the license or driving privilege of any person is
suspended by reason of a conviction, a finding that a traffic
infraction has been committed, pursuant to chapter 46.29 RCW, or
pursuant to RCW 46.20.291 or 46.20.308, the suspension shall remain in
effect until the person gives and thereafter maintains proof of
financial responsibility for the future as provided in chapter 46.29
RCW. If the suspension is the result of a violation of RCW 46.61.502
or 46.61.504, the department shall determine the person's eligibility
for licensing based upon the reports provided by the alcoholism agency
or probation department designated under RCW 46.61.5056 and shall deny
reinstatement until enrollment and participation in an approved program
has been established and the person is otherwise qualified. Whenever
the license or driving privilege of any person is suspended as a result
of certification of noncompliance with a child support order under
chapter 74.20A RCW or a residential or visitation order, the suspension
shall remain in effect until the person provides a release issued by
the department of social and health services stating that the person is
in compliance with the order.
(b)(i) The department shall not issue to the person a new,
duplicate, or renewal license until the person pays a reissue fee of
twenty dollars.
(ii) If the suspension is the result of a violation of RCW
46.61.502 or 46.61.504, or is the result of administrative action under
RCW 46.20.308, the reissue fee shall be one hundred fifty dollars.
(2)(a) Any person whose license or privilege to drive a motor
vehicle on the public highways has been revoked, unless the revocation
was for a cause which has been removed, is not entitled to have the
license or privilege renewed or restored until: (i) After the
expiration of one year from the date the license or privilege to drive
was revoked; or (ii) after the expiration of the applicable revocation
period provided by RCW 46.20.265, 46.20.285, 46.20.3101, or
46.61.5055((; (iii) after the expiration of two years for persons
convicted of vehicular homicide; or (iv) after the expiration of the
applicable revocation period provided by RCW 46.20.265)).
(b)(i) After the expiration of the appropriate period, the person
may make application for a new license as provided by law together with
a reissue fee in the amount of twenty dollars.
(ii) If the revocation is the result of a violation of RCW
46.20.308, 46.61.502, or 46.61.504, the reissue fee shall be one
hundred fifty dollars. If the revocation is the result of a violation
of RCW 46.61.502 or 46.61.504, the department shall determine the
person's eligibility for licensing based upon the reports provided by
the alcoholism agency or probation department designated under RCW
46.61.5056 and shall deny reissuance of a license, permit, or privilege
to drive until enrollment and participation in an approved program has
been established and the person is otherwise qualified.
(c) Except for a revocation under RCW 46.20.265, the department
shall not then issue a new license unless it is satisfied after
investigation of the driving ability of the person that it will be safe
to grant the privilege of driving a motor vehicle on the public
highways, and until the person gives and thereafter maintains proof of
financial responsibility for the future as provided in chapter 46.29
RCW. For a revocation under RCW 46.20.265, the department shall not
issue a new license unless it is satisfied after investigation of the
driving ability of the person that it will be safe to grant that person
the privilege of driving a motor vehicle on the public highways.
(3)(a) Whenever the driver's license of any person is suspended
pursuant to Article IV of the nonresident violators compact or RCW
46.23.020 or 46.20.289 or 46.20.291(5), the department shall not issue
to the person any new or renewal license until the person pays a
reissue fee of twenty dollars.
(b) If the suspension is the result of a violation of the laws of
this or any other state, province, or other jurisdiction involving (i)
the operation or physical control of a motor vehicle upon the public
highways while under the influence of intoxicating liquor or drugs, or
(ii) the refusal to submit to a chemical test of the driver's blood
alcohol content, the reissue fee shall be one hundred fifty dollars.
Sec. 3 RCW 46.61.024 and 1983 c 80 s 1 are each amended to read
as follows:
Any driver of a motor vehicle who willfully fails or refuses to
immediately bring his vehicle to a stop and who drives his vehicle in
a manner indicating a wanton or willful disregard for the lives or
property of others while attempting to elude a pursuing police vehicle,
after being given a visual or audible signal to bring the vehicle to a
stop, shall be guilty of a class ((C)) B felony. The signal given by
the police officer may be by hand, voice, emergency light, or siren.
The officer giving such a signal shall be in uniform and ((his
vehicle)) shall be ((appropriately marked showing it to be)) driving an
official police vehicle. An official police vehicle means any
municipal, county, or state police vehicle appropriately equipped with
emergency lights and siren.
The license or permit to drive or any nonresident driving privilege
of a person convicted of a violation of this section shall be revoked
for two years by the department of licensing.
Sec. 4 RCW 46.61.520 and 1998 c 211 s 2 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 driver is guilty of vehicular homicide if
the driver was operating a motor vehicle:
(a) While under the influence of intoxicating liquor or any drug,
as defined by RCW 46.61.502; or
(b) In a reckless manner; or
(c) With disregard for the safety of others; or
(d) While attempting to elude a pursuing police vehicle as defined
in RCW 46.61.024.
(2) Vehicular homicide is a class A felony punishable under chapter
9A.20 RCW, except that, for a conviction under subsection (1)(a) of
this section, an additional two years shall be added to the sentence
for each prior offense as defined in RCW 46.61.5055.
Sec. 5 RCW 46.61.522 and 2001 c 300 s 1 are each amended to read
as follows:
(1) A person is guilty of vehicular assault if he or she operates
or drives any vehicle:
(a) In a reckless manner and causes substantial bodily harm to
another; or
(b) While under the influence of intoxicating liquor or any drug,
as defined by RCW 46.61.502, and causes substantial bodily harm to
another; or
(c) With disregard for the safety of others and causes substantial
bodily harm to another; or
(d) While attempting to elude a pursuing police vehicle as defined
in RCW 46.61.024 and causes substantial bodily harm to another.
(2) Vehicular assault is a class B felony punishable under chapter
9A.20 RCW.
(3) As used in this section, "substantial bodily harm" has the same
meaning as in RCW 9A.04.110.
Sec. 6 RCW 9.94A.515 and 2002 c 340 s 2, 2002 c 324 s 2, 2002 c
290 s 2, 2002 c 253 s 4, 2002 c 229 s 2, 2002 c 134 s 2, and 2002 c 133
s 4 are each reenacted and amended to read as follows:
| TABLE 2 | ||
| CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL | ||
| XVI | ||
| XV | ||
| XIV | ||
| XIII | ||
| XII | ||
| XI | ||
| X | ||
| IX | ||
| VIII | ||
| VII | ||
| VI | ||
| V | ||
| IV | ||
| III | ||
| II | ||
| I | ||
Sec. 7 RCW 9.94A.515 and 2002 c 340 s 2, 2002 c 324 s 2, 2002 c
290 s 7, 2002 c 253 s 4, 2002 c 229 s 2, 2002 c 134 s 2, and 2002 c 133
s 4 are each reenacted and amended to read as follows:
| TABLE 2 | ||
| CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL | ||
| XVI | ||
| XV | ||
| XIV | ||
| XIII | ||
| XII | ||
| XI | ||
| X | ||
| IX | ||
| VIII | ||
| VII | ||
| VI | ||
| V | ||
| IV | ||
| III | ||
| Escape 2 (RCW 9A.76.120) | ||
| II | ||
| I | ||
NEW SECTION. Sec. 8 Section 6 of this act expires July 1, 2004.
NEW SECTION. Sec. 9 Section 7 of this act takes effect July 1,
2004.