| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Judiciary Committee | |
HB 2705
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.
Title: An act relating to the sentencing enhancement for vehicular homicide.
Brief Description: Revising the sentencing enhancement for vehicular homicide.
Sponsors: Representatives Lantz, Goodman, O'Brien, Rodne, Williams, Kirby, Sells, Hurst, Loomis, Simpson, VanDeWege, Ericks and Kelley.
Brief Summary of Bill |
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Hearing Date: 1/30/08
Staff: Trudes Tango (786-7384).
Background:
A person is guilty of vehicular homicide if he or she proximately causes, within three years, the
death of another by driving any vehicle: (a) under the influence of intoxicating liquor or drug,
(b) in a reckless manner, or (c) with disregard for the safety of others. Vehicular homicide by
intoxicating liquor or drug is a class A felony and has a presumptive standard sentence of 31-41
months in prison for a first offense.
Under the Sentencing Reform Act (SRA), the court must impose imprisonment in addition to the
standard sentencing range if specific conditions for sentencing enhancements are met.
Sentencing enhancements apply, for example, if an offender is armed with a firearm or deadly
weapon while committing certain felonies. Under the firearm and deadly weapon sentencing
enhancement, the statutes explicitly state that the enhancement is mandatory, must be served in
total confinement, and must run consecutively to all other sentences, unless the offender has been
granted an extraordinary medical placement. Earned early release time, which reduces an
offender's sentence based on good behavior, is not available for the portion of the offender's
sentence that is a firearm or deadly weapon enhancement.
There is a two year sentencing enhancement for vehicular homicide committed while under the
influence of intoxicating liquor or drugs. For each DUI-related "prior offense" the offender has,
the sentencing court must impose an additional two years. Prior offenses, as defined under the
DUI laws, include convictions for: (1) DUI; (2) vehicular homicide and vehicular assault if
committed while under the influence; (3) negligent driving after having consumed alcohol ("wet
neg"), reckless driving, and reckless endangerment if the original charge for any of those offenses
was DUI; and (4) any equivalent local DUI ordinance or out-of-state law. In addition, a deferred
prosecution for DUI or "wet neg" counts as a prior offense even if the charges are dropped after
successful completion of the deferred prosecution treatment program.
The sentencing enhancement for DUI-related vehicular homicide does not explicitly state that the
enhancement is mandatory, to be served in total confinement, and to run consecutively.
Summary of Bill:
The sentencing enhancement for DUI-related vehicular homicide shall be mandatory, shall be
served in total confinement, and shall run consecutively to all other sentencing provisions.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.