SENATE BILL REPORT

SB 5229

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 5, 2013

Title: An act relating to the penalty schedule for alcohol and drug violators.

Brief Description: Concerning the penalty schedule for alcohol and drug violators.

Sponsors: Senators Shin, Roach, Benton, Chase, Harper, Delvin, Honeyford and Schlicher.

Brief History:

Committee Activity: Law & Justice: 2/4/13.

SENATE COMMITTEE ON LAW & JUSTICE

Staff: Jessica Stevenson (786-7465)

Background: A conviction for driving or being in physical control of a vehicle while under the influence of intoxicating liquor or any drug can result in imprisonment, electronic home monitoring, fines, installation of an ignition interlock device, and a change in driving privileges. The severity of the consequences imposed is based on the person's intoxication level, prior offenses within seven years, and refusal to take sobriety tests. Penalties are imposed when a person who is convicted for either of these offenses had a passenger under the age of 16 in the vehicle. These penalties include an additional six months for an ignition interlock device and fines that are determined based on a person's number of prior offenses.

Summary of Bill: The penalties imposed for conviction of driving or being in physical control of a vehicle while under the influence of intoxicating liquor or any drug with a passenger under the age of 16 in the vehicle are in addition to all other penalties imposed by law. The Department of Licensing must require the use of an ignition interlock or other device for an additional six months. The court must order the following additional fines based on prior offenses within seven years: $1,000 to $5,000 for no prior offenses, $2,000 to $5,000 for one prior offense, and $3,000 to $10,000 for two or three prior offenses.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: Drivers under the influence of liquor or drugs cause traffic collisions. Passengers under the age of 16 need to be protected. People driving with passengers under age 16 should be punished severely so the number of accidents with passengers under age 16 decreases.

Persons Testifying: PRO: Senator Shin, prime sponsor.