HOUSE BILL REPORT
HB 2704
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As Reported by House Committee On:
Judiciary
Title: An act relating to considering vehicular assault and vehicular homicide convictions from other jurisdictions under the felony drunk driving law.
Brief Description: Considering vehicular assault and vehicular homicide convictions from other jurisdictions under the felony drunk driving law.
Sponsors: Representatives Lantz, Goodman, Hurst, Warnick, O'Brien, Kirby, Williams, Darneille, Takko, Blake, Rodne, Quall, Moeller, Sells, Morrell, Miloscia, McDonald, Loomis, Simpson, VanDeWege, Ericks, Kelley and Rolfes.
Brief History:
Judiciary: 1/30/08, 2/4/08 [DP].
Brief Summary of Bill |
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HOUSE COMMITTEE ON JUDICIARY
Majority Report: Do pass. Signed by 11 members: Representatives Lantz, Chair; Goodman, Vice Chair; Rodne, Ranking Minority Member; Warnick, Assistant Ranking Minority Member; Ahern, Flannigan, Kirby, Moeller, Pedersen, Ross and Williams.
Staff: Jim Morishima (786-7191).
Background:
Drunk driving, or Driving Under the Influence (DUI), actually consists of two similar
offenses: Driving Under the Influence of Intoxicating Liquor or Any Drug and Being in
Actual Physical Control of a Motor Vehicle While Under the Influence of Intoxicating Liquor
or Any Drug.
A person is guilty of DUI if he or she drives a vehicle, or is in actual physical control of a
vehicle, and:
The crime of DUI is a class C felony (seriousness level V) if the person has four or more prior convictions for DUI or a prior conviction for Vehicular Homicide by Intoxicating Liquor or Drug or Vehicular Assault by Intoxicating Liquor or Drug. The crime of DUI is a gross misdemeanor under any other circumstances.
Summary of Bill:
The crime of DUI is a class C felony (seriousness level V) if the person has a prior
out-of-state conviction for an offense that is comparable to Vehicular Homicide by
Intoxicating Liquor or Drug or Vehicular Assault by Intoxicating Liquor or Drug.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony:
(In support) Currently, out-of-state convictions for Vehicular Assault and Vehicular
Homicide do not count when determining whether a defendant has committed felony DUI.
This bill fixes that oversight. This bill fits within the purpose of the Sentencing Reform Act.
Although there is a fiscal cost to this bill, the state must invest in prevention because of the
human cost of DUI.
(Opposed) None.
Persons Testifying: Representative Lantz, prime sponsor; Seth Dawson, Washington Association for Substance Abuse; Richard Morrow; Kathleen Gilbert; Kathy Schuster; Gordon Schuster; Nora Sizemore; Joan Oquist; and Dave Johnson, Washington Coalition of Crime Victims.