SENATE BILL REPORT
SHB 2621
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 of February 28, 2008
Title: An act relating to requiring certain sentences for vehicular homicide and vehicular assault to run consecutively.
Brief Description: Requiring certain sentences for vehicular homicide and vehicular assault to run consecutively.
Sponsors: House Committee on Judiciary (originally sponsored by Representatives Hurst, Lantz and Simpson).
Brief History: Passed House: 2/18/08, 94-1.
Committee Activity: Judiciary: 2/29/08.
SENATE COMMITTEE ON JUDICIARY
Staff: Lidia Mori (786-7755)
Background: A person is guilty of vehicular assault if that person drives any vehicle and causes substantial bodily harm to another while:
Vehicular assault by intoxicating liquor or drug or by driving recklessly is a class B felony with
a seriousness level of IV (3-9 months in jail for a first offense). Vehicular assault by driving with
disregard for the safety of others is a class B felony with a seriousness level of III (1-3 months in
jail for a first offense).
A person is guilty of vehicular homicide if that person proximately causes, within three years, the
death of another by driving any vehicle:
Vehicular homicide by intoxicating liquor or drug is a class A felony with a seriousness level of
IX (31-41 months in prison for a first offense). Vehicular homicide by driving recklessly is a
class A felony with a seriousness level of VIII (21-27 months in prison for a first offense).
Vehicular homicide by driving with disregard for the safety of others is a class A felony with a
seriousness level of VII (15-20 months in prison).
When a court sentences an offender for multiple offenses, the sentences for the offenses generally
run concurrently. The sentences may, however, run consecutively under certain circumstances.
A court may impose consecutive sentences if certain aggravating circumstances are found to exist.
Also, a court must impose consecutive sentences for serious violent offenses and firearms-related
offenses under certain circumstances.
Summary of Bill: A court must impose consecutive sentences for one or more convictions for Vehicular Assault by intoxicating liquor or drug, Vehicular Homicide by intoxicating liquor or drug, or a combination of the two offenses, unless the court finds by a preponderance of the evidence that imposition of consecutive sentences would be inconsistent with the purposes of the Sentencing Reform Act.
Appropriation: None.
Fiscal Note: Available.
Committee/Commission/Task Force Created: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.