HOUSE BILL REPORT

SB 5381

As Amended by the House

BYSenators Sellar, Talmadge, Thorsness, Moore, Newhouse, Anderson, Lee, Saling, Amondson, Cantu, Rasmussen, Nelson, McMullen, West, Craswell and Barr

Increasing penalties for vehicular homicide due to drunken or reckless driving.

House Committe on Judiciary

Majority Report:  Do pass with amendments.  (19)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Brough, Dellwo, Hargrove, Inslee, P. King, Locke, R. Meyers, Moyer, H. Myers, Patrick, Schmidt, Scott, D. Sommers, Tate and Wineberry.

House Staff:Pat Shelledy (786-7149)

Rereferred House Committee on Appropriations

Majority Report:  Do pass as amended by Committee on Judiciary.  (27)

      Signed by Representatives Locke, Chair, Grant, Vice Chair; H. Sommers, Vice Chair; Silver, Ranking Republican Member; Youngsman, Assistant Ranking Republican Member; Appelwick, Bowman, Braddock, Bristow, Brough, Dorn, Doty, Ebersole, Ferguson, Hine, Holland, May, McLean, Nealey, Padden, Peery, Rust, Sayan, Spanel, Sprenkle, Valle and Wineberry.

Minority Report:  Do not pass.  (1)

      Signed by Representative Wang.

House Staff:      Jack Daray (786-7136)

AS PASSED HOUSE APRIL 14, 1989

BACKGROUND:

A defendant is guilty of vehicular homicide when another person dies within three years as a proximate result of an injury proximately caused by the defendant driving a vehicle (1) while under the influence of intoxicating liquor or drugs; or (2) in a reckless manner; or (3) with disregard for the safety of others.

The Sentencing Reform Act ranks the offense of vehicular homicide at seriousness level VII.  The presumptive sentence range for a first time offender is 15 to 20 months.

SUMMARY:

Vehicular homicide committed while the defendant is under the influence of alcohol or drugs or is operating a vehicle in a reckless manner is classified at seriousness level VIII.  The presumptive sentence range for a first time offender is 21 to 27 months.

Vehicular homicide committed by disregard for the safety of others remains classified at seriousness level VII.

Fiscal Note:      Requested April 1, 1989.

House Committee ‑ Testified For:    (Judiciary) Art Curtis, Clark County Prosecutor's Office; Pete Younger, MADD; David Miller, victim's husband.

(Appropriations) None Presented.

House Committee - Testified Against:      (Judiciary) Roxanne Park, Sentencing Guidelines Commission.

(Appropriations) None Presented.

House Committee - Testimony For:    (Judiciary) The current penalties for vehicular homicide are far too lenient.

(Appropriations) None Presented.

House Committee - Testimony Against:      (Judiciary) More exceptional sentences below the current standard range are requested by victims' relatives and more are granted for vehicular homicide than for any other crime.

(Appropriations) None Presented.