HB 1198 - DIGEST |
Authorizes the prosecuting attorney to file a special allegation of endangerment by eluding in every criminal case involving a charge of attempting to elude a police vehicle under RCW 46.61.024, when sufficient admissible evidence exists, to show that a person other than the defendant was threatened with physical injury or harm by the actions of the person committing the crime of attempting to elude a police vehicle. |
Requires that, in a criminal case in which there has been a special allegation, the state shall prove beyond a reasonable doubt that the accused committed the crime while endangering a person other than the defendant. The court shall make a finding of fact of whether or not a person other than the defendant was endangered at the time of the commission of the crime, or if a jury trial is had, the jury shall, if it finds the defendant guilty, also find a special verdict as to whether or not a person other than the defendant was endangered during the commission of the crime. |
Provides that an additional term of total confinement of not less than twelve months and one day or more than twenty-four months shall be added to the standard sentence range for a conviction of attempting to elude a police vehicle as defined by RCW 46.61.024, if the conviction included a finding by special allegation of endangering another person under this act. Any enhancement added under this provision shall run consecutively to any other sentence or enhancement imposed by the court. |