SENATE BILL REPORT

SB 5381

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.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 25, 1989

Majority Report:  Do pass.

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

Senate Staff:Cliff Petersen (786-7457)

                  April 17, 1989

House Committe on Judiciary

Rereferred House Committee on Appropriations

AS PASSED SENATE, FEBRUARY 6, 1989

BACKGROUND:

A person is guilty of vehicular homicide when the death of a person occurs as a proximate result of an injury caused by:  (1) the driving of a vehicle while under the influence of intoxicating liquor or any drug; or (2) the operation of a motor vehicle in a reckless manner; or (3) the operation of a motor vehicle with disregard for the safety of others.

The crime of vehicular homicide is assigned to seriousness level VII pursuant to the Sentencing Reform Act.  The standard range presumptive sentence for crimes included in seriousness level VII is 15-20 months.

SUMMARY:

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.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 20, 1989

Senate Committee - Testified: Senator George Sellar (pro); Art Curtis, Clark County Prosecuting Attorney (pro); David Miller (pro); Peter Youngers, Mothers Against Drunk Drivers (pro); Roxanne Park, Sentencing Guidelines Commission

HOUSE AMENDMENT:

The classification for 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 moved from seriousness level IX to seriousness level VIII.  The standard range presumptive sentence for crimes included in seriousness level VIII is 21-27 months.