SENATE BILL REPORT

SB 5882

BYSenator Nelson

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

Senate Committee on Law & Justice

Senate Hearing Date(s):January 23, 1990; January 26, 1990

Majority Report:  That Second Substitute Senate Bill No. 5882 be substituted therefor, and the second substitute bill do pass.

      Signed by Senators Nelson, Chairman; McCaslin, Vice Chairman; Hayner, Madsen, Newhouse, Patrick, Rasmussen, Thorsness.

Senate Staff:Cliff Petersen (786-7457)

                  January 29, 1990

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, JANUARY 26, 1990

BACKGROUND:

Under current law, a person is guilty of reckless driving if he or she operates a vehicle in "willful or wanton disregard for the safety of persons or property."  Negligent driving is less than, but included in the offense of reckless driving and requires "operation of a vehicle in such a manner as to endanger or is likely to endanger persons or property."  There is no offense under current law to cover "inattentive" driving.

A charge of reckless driving is a misdemeanor and carries a penalty of up to 90 days in the county jail, a fine not to exceed $1,000 and a 30 day license suspension.

Negligent driving convictions are misdemeanors with a fine not to exceed $250.  No jail or license suspension is provided.

SUMMARY:

The penalty for reckless driving is raised to a gross misdemeanor punishable by imprisonment of not more than one year and a fine of not more than $1,000.

The penalty for negligent driving remains a misdemeanor; however, the penalty is increased to include imprisonment of up to 90 days and a fine not to exceed $500.

To operate a vehicle in an inattentive manner is a traffic infraction.

EFFECT OF PROPOSED SUBSTITUTE:

An obsolete section of law is repealed.

EFFECT OF PROPOSED SECOND SUBSTITUTE:

The maximum fine for reckless driving is increased from $1,000 to $5,000 and is thus consistent with fines set for other gross misdemeanors.

The maximum fine for negligent driving is increased from $500 to $1,000.

Negligent driving and vehicular assault are delineated as crimes which may occur on private property.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested

Senate Committee - Testified: Judge Thomas Wynne (pro); Mike Redman, WAPA (con); Rick Jensen (con); Judge McBeth (pro); Mike McKay, WAPA (con)