BILL REQ. #: H-1547.2
State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/16/11.
AN ACT Relating to negligent driving resulting in substantial bodily harm, great bodily harm, or death of a vulnerable user of a public way; amending RCW 46.63.070; reenacting and amending RCW 46.20.342; adding a new section to chapter 46.61 RCW; creating a new section; prescribing penalties; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 46.61 RCW
to read as follows:
(1) A person commits negligent driving in the second degree with a
vulnerable user victim if, under circumstances not constituting
negligent driving in the first degree, he or she operates a vehicle, as
defined in RCW 46.04.670, in a manner that is both negligent and
endangers or is likely to endanger any person or property, and he or
she proximately causes the death, great bodily harm, or substantial
bodily harm of a vulnerable user of a public way.
(2) The law enforcement officer or prosecuting authority issuing
the notice of infraction for an offense under this section shall state
on the notice of infraction that the offense was a proximate cause of
death, great bodily harm, or substantial bodily harm, as defined in RCW
9A.04.110, of a vulnerable user of a public way.
(3) Persons under the age of sixteen who commit an infraction under
this section are subject to the provisions of RCW 13.40.250.
(4) A person found to have committed negligent driving in the
second degree with a vulnerable user victim shall be required to:
(a) Pay a monetary penalty of five thousand dollars, which may not
be reduced to an amount less than one thousand dollars; and
(b) Have his or her driving privileges suspended for ninety days.
(5) In lieu of the penalties imposed under subsection (4) of this
section, a person found to have committed negligent driving in the
second degree with a vulnerable user victim who requests and personally
appears for a hearing pursuant to RCW 46.63.070 (1) or (2) may elect
to:
(a) Pay a penalty of two hundred fifty dollars;
(b) Attend traffic school for a number of days to be determined by
the court pursuant to chapter 46.83 RCW;
(c) Perform community service for a number of hours to be
determined by the court, which may not exceed one hundred hours, and
which must include activities related to driver improvement and
providing public education on traffic safety; and
(d) Submit certification to the court establishing that the
requirements of this subsection have been met within one year of the
hearing.
(6) If a person found to have committed a violation of this section
elects the penalties imposed under subsection (5) of this section, the
court may assess costs as the court deems appropriate for
administrative processing.
(7) Except as provided in (b) of this subsection, if a person found
to have committed a violation of this section elects the penalties
imposed under subsection (5) of this section but does not complete all
requirements of subsection (5) of this section within one year of the
hearing:
(a)(i) The court shall impose a monetary penalty in the amount of
five thousand dollars, which may not be reduced to an amount less than
one thousand dollars; and
(ii) The person's driving privileges shall be suspended for ninety
days.
(b) For good cause shown, the court may extend the period of time
in which the person must complete the requirements of subsection (5) of
this section before any of the penalties provided in this subsection
are imposed.
(8) An offense under this section is a traffic infraction. To the
extent not inconsistent with this section, the provisions of chapter
46.63 RCW shall apply to infractions under this section. Procedures
for the conduct of all hearings provided for in this section may be
established by rule of the supreme court.
(9) If a person is penalized under subsection (4) of this section,
then the court shall notify the department, and the department shall
suspend the person's driving privileges. If a person fails to meet the
requirements of subsection (5) of this section, the court shall notify
the department that the person has failed to meet the requirements of
subsection (5) of this section and the department shall suspend the
person's driving privileges. Notice provided by the court under this
subsection must be in a form specified by the department.
(10) Any act prohibited by this section that also constitutes a
crime under any other law of this state may be the basis of prosecution
under such other law notwithstanding that it may also be the basis for
prosecution under this section.
(11) For the purposes of this section:
(a) "Great bodily harm" and "substantial bodily harm" have the same
meaning as provided in RCW 9A.04.110.
(b) "Negligent" has the same meaning as provided in RCW
46.61.525(2).
(c) "Vulnerable user of a public way" means:
(i) A pedestrian;
(ii) A person riding an animal; or
(iii) A person operating any of the following on a public way:
(A) A farm tractor or implement of husbandry, without an enclosed
shell;
(B) A bicycle;
(C) An electric-assisted bicycle;
(D) An electric personal assistive mobility device;
(E) A moped;
(F) A motor-driven cycle; or
(G) A motorized foot scooter.
Sec. 2 RCW 46.20.342 and 2010 c 269 s 7 and 2010 c 252 s 4 are
each reenacted and amended to read as follows:
(1) It is unlawful for any person to drive a motor vehicle in this
state while that person is in a suspended or revoked status or when his
or her privilege to drive is suspended or revoked in this or any other
state. Any person who has a valid Washington driver's license is not
guilty of a violation of this section.
(a) A person found to be ((an)) a habitual offender under chapter
46.65 RCW, who violates this section while an order of revocation
issued under chapter 46.65 RCW prohibiting such operation is in effect,
is guilty of driving while license suspended or revoked in the first
degree, a gross misdemeanor. Upon the first such conviction, the
person shall be punished by imprisonment for not less than ten days.
Upon the second conviction, the person shall be punished by
imprisonment for not less than ninety days. Upon the third or
subsequent conviction, the person shall be punished by imprisonment for
not less than one hundred eighty days. If the person is also convicted
of the offense defined in RCW 46.61.502 or 46.61.504, when both
convictions arise from the same event, the minimum sentence of
confinement shall be not less than ninety days. The minimum sentence
of confinement required shall not be suspended or deferred. A
conviction under this subsection does not prevent a person from
petitioning for reinstatement as provided by RCW 46.65.080.
(b) A person who violates this section while an order of suspension
or revocation prohibiting such operation is in effect and while the
person is not eligible to reinstate his or her driver's license or
driving privilege, other than for a suspension for the reasons
described in (c) of this subsection, is guilty of driving while license
suspended or revoked in the second degree, a gross misdemeanor. For
the purposes of this subsection, a person is not considered to be
eligible to reinstate his or her driver's license or driving privilege
if the person is eligible to obtain an ignition interlock driver's
license but did not obtain such a license. This subsection applies
when a person's driver's license or driving privilege has been
suspended or revoked by reason of:
(i) A conviction of a felony in the commission of which a motor
vehicle was used;
(ii) A previous conviction under this section;
(iii) A notice received by the department from a court or diversion
unit as provided by RCW 46.20.265, relating to a minor who has
committed, or who has entered a diversion unit concerning an offense
relating to alcohol, legend drugs, controlled substances, or imitation
controlled substances;
(iv) A conviction of RCW 46.20.410, relating to the violation of
restrictions of an occupational driver's license, a temporary
restricted driver's license, or an ignition interlock driver's license;
(v) A conviction of RCW 46.20.345, relating to the operation of a
motor vehicle with a suspended or revoked license;
(vi) A conviction of RCW 46.52.020, relating to duty in case of
injury to or death of a person or damage to an attended vehicle;
(vii) A conviction of RCW 46.61.024, relating to attempting to
elude pursuing police vehicles;
(viii) A conviction of RCW 46.61.212(4), relating to reckless
endangerment of emergency zone workers;
(ix) A conviction of RCW 46.61.500, relating to reckless driving;
(x) A conviction of RCW 46.61.502 or 46.61.504, relating to a
person under the influence of intoxicating liquor or drugs;
(xi) A conviction of RCW 46.61.520, relating to vehicular homicide;
(xii) A conviction of RCW 46.61.522, relating to vehicular assault;
(xiii) A conviction of RCW 46.61.527(4), relating to reckless
endangerment of roadway workers;
(xiv) A conviction of RCW 46.61.530, relating to racing of vehicles
on highways;
(xv) A conviction of RCW 46.61.685, relating to leaving children in
an unattended vehicle with motor running;
(xvi) A conviction of RCW 46.61.740, relating to theft of motor
vehicle fuel;
(xvii) A conviction of RCW 46.64.048, relating to attempting,
aiding, abetting, coercing, and committing crimes;
(xviii) An administrative action taken by the department under
chapter 46.20 RCW; ((or))
(xix) A conviction of a local law, ordinance, regulation, or
resolution of a political subdivision of this state, the federal
government, or any other state, of an offense substantially similar to
a violation included in this subsection; or
(xx) A finding that a person has committed a traffic infraction
under section 1 of this act and suspension of driving privileges
pursuant to section 1 (4)(b) or (7)(a)(ii) of this act.
(c) A person who violates this section when his or her driver's
license or driving privilege is, at the time of the violation,
suspended or revoked solely because (i) the person must furnish proof
of satisfactory progress in a required alcoholism or drug treatment
program, (ii) the person must furnish proof of financial responsibility
for the future as provided by chapter 46.29 RCW, (iii) the person has
failed to comply with the provisions of chapter 46.29 RCW relating to
uninsured accidents, (iv) the person has failed to respond to a notice
of traffic infraction, failed to appear at a requested hearing,
violated a written promise to appear in court, or has failed to comply
with the terms of a notice of traffic infraction or citation, as
provided in RCW 46.20.289, (v) the person has committed an offense in
another state that, if committed in this state, would not be grounds
for the suspension or revocation of the person's driver's license, (vi)
the person has been suspended or revoked by reason of one or more of
the items listed in (b) of this subsection, but was eligible to
reinstate his or her driver's license or driving privilege at the time
of the violation, or (vii) the person has received traffic citations or
notices of traffic infraction that have resulted in a suspension under
RCW 46.20.267 relating to intermediate drivers' licenses, or any
combination of (c)(i) through (vii) of this subsection, is guilty of
driving while license suspended or revoked in the third degree, a
misdemeanor. For the purposes of this subsection, a person is not
considered to be eligible to reinstate his or her driver's license or
driving privilege if the person is eligible to obtain an ignition
interlock driver's license but did not obtain such a license.
(2) Upon receiving a record of conviction of any person or upon
receiving an order by any juvenile court or any duly authorized court
officer of the conviction of any juvenile under this section, the
department shall:
(a) For a conviction of driving while suspended or revoked in the
first degree, as provided by subsection (1)(a) of this section, extend
the period of administrative revocation imposed under chapter 46.65 RCW
for an additional period of one year from and after the date the person
would otherwise have been entitled to apply for a new license or have
his or her driving privilege restored; or
(b) For a conviction of driving while suspended or revoked in the
second degree, as provided by subsection (1)(b) of this section, not
issue a new license or restore the driving privilege for an additional
period of one year from and after the date the person would otherwise
have been entitled to apply for a new license or have his or her
driving privilege restored; or
(c) Not extend the period of suspension or revocation if the
conviction was under subsection (1)(c) of this section. If the
conviction was under subsection (1)(a) or (b) of this section and the
court recommends against the extension and the convicted person has
obtained a valid driver's license, the period of suspension or
revocation shall not be extended.
Sec. 3 RCW 46.63.070 and 2006 c 327 s 7 are each amended to read
as follows:
(1) Any person who receives a notice of traffic infraction shall
respond to such notice as provided in this section within fifteen days
of the date of the notice.
(2) If the person determined to have committed the infraction does
not contest the determination the person shall respond by completing
the appropriate portion of the notice of infraction and submitting it,
either by mail or in person, to the court specified on the notice. A
check or money order in the amount of the penalty prescribed for the
infraction must be submitted with the response. When a response which
does not contest the determination is received, an appropriate order
shall be entered in the court's records, and a record of the response
and order shall be furnished to the department in accordance with RCW
46.20.270.
(3) If the person determined to have committed the infraction
wishes to contest the determination the person shall respond by
completing the portion of the notice of infraction requesting a hearing
and submitting it, either by mail or in person, to the court specified
on the notice. The court shall notify the person in writing of the
time, place, and date of the hearing, and that date shall not be sooner
than seven days from the date of the notice, except by agreement.
(4) If the person determined to have committed the infraction does
not contest the determination but wishes to explain mitigating
circumstances surrounding the infraction the person shall respond by
completing the portion of the notice of infraction requesting a hearing
for that purpose and submitting it, either by mail or in person, to the
court specified on the notice. The court shall notify the person in
writing of the time, place, and date of the hearing.
(5)(a) Except as provided in (b) ((and)), (c), and (d) of this
subsection, in hearings conducted pursuant to subsections (3) and (4)
of this section, the court may defer findings, or in a hearing to
explain mitigating circumstances may defer entry of its order, for up
to one year and impose conditions upon the defendant the court deems
appropriate. Upon deferring findings, the court may assess costs as
the court deems appropriate for administrative processing. If at the
end of the deferral period the defendant has met all conditions and has
not been determined to have committed another traffic infraction, the
court may dismiss the infraction.
(b) A person may not receive more than one deferral within a seven-year period for traffic infractions for moving violations and more than
one deferral within a seven-year period for traffic infractions for
nonmoving violations.
(c) A person who is the holder of a commercial driver's license or
who was operating a commercial motor vehicle at the time of the
violation may not receive a deferral under this section.
(d) A person who commits negligent driving in the second degree
with a vulnerable user victim may not receive a deferral for this
infraction under this section.
(6) If any person issued a notice of traffic infraction:
(a) Fails to respond to the notice of traffic infraction as
provided in subsection (2) of this section; or
(b) Fails to appear at a hearing requested pursuant to subsection
(3) or (4) of this section;
the court shall enter an appropriate order assessing the monetary
penalty prescribed for the traffic infraction and any other penalty
authorized by this chapter and shall notify the department in
accordance with RCW 46.20.270, of the failure to respond to the notice
of infraction or to appear at a requested hearing.
NEW SECTION. Sec. 4 This act applies to infractions committed on
or after the effective date of this section.
NEW SECTION. Sec. 5 This act takes effect July 1, 2012.