FINAL BILL REPORT

SSB 6608

                              C 210 L 90

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

Pertaining to enforcement of traffic violations.

Senate Committee on Law & Justice

House Committe on Judiciary

SYNOPSIS AS ENACTED

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 cancelled, 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.

VOTES ON FINAL PASSAGE:

     Senate   46    0

     House 92  4

EFFECTIVE:June 7, 1990