HOUSE BILL REPORT

E2SSB 5882

BYSenate Committee on Law & Justice (originally sponsored by Senator Nelson)

Establishing definitions and revising penalties for reckless, negligent, and inattentive driving.

House Committe on Judiciary

Majority Report:  Do pass.  (16)

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

Minority Report:  Do not pass.  (2)

      Signed by Representatives Belcher and Hargrove.

House Staff:Rob Lopez (786-7392)

                  Bill Perry (786-7123)

AS PASSED HOUSE MARCH 1, 1990

BACKGROUND:

Currently, reckless driving is a misdemeanor punishable by a maximum of 90 days imprisonment, a fine not to exceed $1,000, and a license suspension for not less than 30 days.  Negligent driving is also a misdemeanor, but it is not punishable by imprisonment or license suspension, and the maximum fine it carries is $250.

Current statutes relating to negligent driving and vehicular assault refer exclusively to the operation of vehicles on the highways.

The Revised Code of Washington does not contain a specific offense of operating a motor vehicle in an inattentive manner.

SUMMARY:

Reckless driving is changed to a gross misdemeanor, and the penalty is accordingly increased to imprisonment for a maximum of one year, a fine not to exceed $5,000, and a license suspension for not less than 30 days. Negligent driving remains a misdemeanor, but the penalty is increased to include imprisonment for a maximum of 90 days and a fine not to exceed $1,000.

Negligent driving and vehicular assault can be committed on the highways and elsewhere throughout the state.

It is a traffic infraction to operate a vehicle in an inattentive manner.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Judge Roy Rainey, Board of Governors of the Municipal Court Association.

House Committee - Testified Against:      Major Rick Jensen, Washington State Patrol.

House Committee - Testimony For:    Creating an inattentive driving infraction will lessen the need to use the negligent driving statute as a catch- all, and thus will decrease the need for jury trials.  The penalty for negligent driving should be increased to be consistent with other misdemeanors.

House Committee - Testimony Against:      Stiffer penalties for negligent driving will increase the demand for costly jury trials.  The inattentive driving infraction is too vague and will be difficult to enforce.