SENATE BILL REPORT

EHB 1081

BYRepresentatives Padden, Appelwick, Dellwo, Rayburn, Rector, Heavey, Basich, Kremen, Jones, Winsley, P. King, Moyer, Silver, Inslee, Wineberry, H. Myers, Patrick, Miller, Wolfe, Youngsman, Walker, Van Luven, Sprenkle, Nealey, Rasmussen, Brough, May, Brumsickle, Ballard and Anderson; by request of Sentencing Guidelines Commission

Restricting release of persons convicted of vehicular homicide or assault.

House Committe on Judiciary

Senate Committee on Law & Justice

Senate Hearing Date(s):March 22, 1989

Majority Report:  Do pass as amended.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Hayner, Madsen, Nelson, Newhouse, Niemi, Rinehart, Talmadge, Thorsness.

Senate Staff:Dick Armstrong (786-7460)

                  March 22, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, MARCH 22, 1989

BACKGROUND:

The Sentencing Reform Act (SRA) ranks the crimes of vehicular homicide and vehicular assault at seriousness levels VII and IV respectively.  The presumptive sentence for a first time offender is two years for vehicular homicide and six months for vehicular assault.

In determining an offender's criminal offender score under the SRA, prior felony traffic offenses and DWI's count one point.

Under the SRA, a presentence hearing is held following an offender's conviction.  If the offender has been convicted of a felony sex crime, the Department of Corrections is required to prepare a presentence report for the court.

Last year the Legislature enacted a community placement law that requires offenders convicted of certain crimes to be given an additional one-year period of supervision following the completion of their prison sentences.  Those crimes include sex offenses, serious violent offenses, second degree assault, and offenses in which the offender was armed with a deadly weapon.

SUMMARY:

The rules for determining the criminal history score for a person convicted of vehicular homicide or assault are changed.  All prior felony traffic offenses and DWI's count two points rather than one.  Driving with a revoked or suspended driver's license is added to the list of crimes considered in criminal history scoring for vehicular homicide or assault.  Juvenile convictions for traffic offenses are counted the same as adult convictions for this scoring as well.  The crime of hit and run involving an unattended vehicle is added to the list of crimes to be considered as criminal history in sentencing for any felony traffic offense.

Presentence reports by the Department of Corrections are required for convictions of vehicular assault or homicide.

Vehicular assault and homicide are added to the crimes for which community placement must be given.

The act takes effect July 1, 1989 and applies to crimes committed after that date.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 24, 1989

Effective Date:The bill takes effect July 1, 1989.

SUMMARY OF PROPOSED SENATE AMENDMENT:

All provisions of EHB 1081 are deleted.

The striking amendment increases the seriousness level under the Sentencing Reform Act for the crime of vehicular homicide.

Vehicular homicide while the driver is under the influence of intoxicating liquor or any drug or is operating a vehicle in a reckless manner is classified as a seriousness level IX offense.  The standard range presumptive sentence for crimes included in seriousness level IX is 31-41 months.

The crime of vehicular homicide when caused by disregard for the safety of others remains classified within seriousness level VII.

Senate Committee - Testified: Representative Mike Padden, prime sponsor (pro); Tom Swayze, Superior Court Judges Association (pro); Roxanne Park, Sentencing Guidelines Commission (pro); David Miller, citizen (pro)