Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Judiciary Committee |
SSB 5326
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 negligent driving resulting in substantial bodily harm, great bodily harm, or death of a vulnerable user of a public way.
Brief Description: Concerning negligent driving resulting in substantial bodily harm, great bodily harm, or death of a vulnerable user of a public way.
Sponsors: Senate Committee on Judiciary (originally sponsored by Senators Kline, Zarelli, Kohl-Welles, Nelson, Rockefeller and White).
Brief Summary of Substitute Bill |
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Hearing Date: 3/2/11
Staff: Kelly Pfundheller (786-7289).
Background:
Negligent Driving.
Related but separate provisions in current traffic law may apply when a person harms another person while operating a motor vehicle in a manner that is negligent. These include negligent driving in the first degree and negligent driving in the second degree.
A person is guilty of negligent driving in the first degree if that person operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property, and exhibits the effects of having consumed liquor or an illegal drug. Negligent driving in the first degree is a misdemeanor, carrying a sentence range of zero to 90 days in jail and being subject to a fine of up to $1,000.
A person is guilty of negligent driving in the second degree if that person operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property. Negligent driving in the second degree is an infraction and is subject to a fine of $250.
Relevant Terms.
Distinct from the term "motor vehicle," the term "vehicle" includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles. The term does not include power wheelchairs or devices other than bicycles moved by human or animal power or used exclusively upon stationary rails or tracks.
The term "proximate cause" is a legal term referring to the causal connection between an individual's conduct and the harm done to another when the individual's conduct is a substantial factor in bringing about the harm. The conduct must usually produce a particular foreseeable result in a natural unbroken sequence, without which the harm would not have occurred.
"Great bodily harm" is defined in the criminal code as a bodily injury which creates a probability of death, a significant serious permanent disfigurement, or a significant permanent loss or impairment of the function of any bodily part or organ.
"Substantial bodily harm" is defined in the criminal code as a bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily part or organ, or which causes a fracture of any bodily part.
Summary of Bill:
New Infraction.
The infraction of negligent driving in the second degree with a vulnerable user victim is created. A person commits the infraction if, under circumstances not constituting negligent driving in the first degree, he or she operates a vehicle in a manner that is both negligent and endangers any person or property, and he or she proximately causes the death, great bodily harm, or substantial bodily harm of a vulnerable user of the public way.
A vulnerable user of the public way is defined as a pedestrian; person riding an animal; or a person operating a farm tractor, a bicycle, an electric assist bicycle, an electric personal assistive mobility device, a moped, a motor-driven cycle, or a motorized foot scooter.
Hearing and Penalties.
A person who has committed the infraction must pay a fine of $5,000 and have his or her driving privileges suspended for 90 days. The court may not reduce the fine to less than $1,000.
If a person requests and personally appears for a hearing, the court may impose an alternative penalty and require the person to: pay a fine of $250; complete a traffic safety course approved by the court; and perform up to 100 hours of court approved community service related to driver improvement and providing education on traffic safety. The person must submit certification to the court that the person has completed the requirements.
If a person fails to complete the required traffic safety and community service requirements within one year of the date of the violation, the court must assess a fine in an amount between $1,000 and $5,000 and suspend the person's driving privileges for 90 days. The court has discretion to extend the period of time in which the person must complete the requirements. A person whose license is suspended as a result of a violation of this infraction and who is found operating a motor vehicle during the suspension is guilty of driving while license suspended in the second degree.
The infraction may not be deferred.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect on July 1, 2012.