HOUSE BILL REPORT

ESSB 6608

BYSenate Committee on Law & Justice (originally sponsored by Senators Nelson, McMullen, Patrick, Smitherman and Madsen)

Pertaining to enforcement of traffic violations.

House Committe on Judiciary

Majority Report:  Do pass.  (13)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Brough, Dellwo, Hargrove, Inslee, P. King, R. Meyers, H. Myers, Schmidt, Scott, Tate and Wineberry.

Minority Report:  Do not pass.  (4)

      Signed by Representatives Padden, Ranking Republican Member; Forner, Moyer and D. Sommers.

House Staff:Bill Perry (786-7123)

AS PASSED HOUSE MARCH 2, 1990

BACKGROUND:

A statute establishes criminal penalties for failure to respond to a criminal traffic citation and for failure to appear following a notice of traffic infractions.  This statute contains ambiguous and inconsistent language.

It is a gross misdemeanor to commit the crime of hit and run -- attended vehicle.  Ordinarily, the maximum penalty for a gross misdemeanor is one year in jail and a $5,000 fine.  The maximum sentence for this hit and run crime is not more than one year of confinement and a fine of not more than $500.  The lesser included offense of hit and run -- unattended vehicle, on the other hand, carries a maximum sentence of not more than 90 days in jail and a fine of not more than $1,000.

When a person's driver's license has been canceled, revoked or suspended by the Department of Licensing (DOL), a notice is sent to the driver by DOL requiring the person immediately to return his or her driver's license to DOL.  Failure to do so is a misdemeanor, carrying a penalty of 90 days in jail, and a fine of $1,000.

Driving while license suspended (DWLS) and driving while license revoked (DWLR) are classified as gross misdemeanor charges However, the maximum fine for these crimes is $500.  In comparison, the lesser included offense of driving without a valid operator's license carries a maximum sentence of not more than 90 days in jail and a fine of not more than $1,000.

When a DWLR charge arises out of an incident that also produces a DWI charge, a mandatory minimum sentence of 30 days must be imposed upon conviction.  Currently, a DWI/DWLS combination carries a mandatory minimum sentence of 90 days in jail.

SUMMARY:

Existing law is clarified to ensure that failure to appear or failure to respond to two or more notices of a traffic infraction within a five-year period constitutes a gross misdemeanor.

The penalty for hit and run--attended vehicle is increased to be consistent with other gross misdemeanor charges which provide for a penalty of not more than one year in jail and a fine of not more than $5,000.

It is a traffic infraction to display or possess a canceled, revoked or suspended driver's license or identicard.

Penalties for DWLS and DWLR are increased to be consistent with a standard gross misdemeanor charge (not more than one year of confinement and a fine of not more than $5,000).  The mandatory minimum sentence for DWLR is increased to 90 days of confinement when a person is convicted of both DWI and DWLR arising out of the same incident.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Ron Rainey, Magistrates Association; and Bob Mack, City of Tacoma.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    The bill makes necessary clarifications and provides consistency and proportionality in traffic violation sentencing.

House Committee - Testimony Against:      None.