SENATE BILL REPORT

SB 6608

BYSenators Nelson, McMullen, Patrick, Smitherman and Madsen

Pertaining to enforcement of traffic violations.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 23, 1990; January 24, 1990

Majority Report:     That Substitute Senate Bill No. 6608 be substituted therefor, and the substitute bill do pass.

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

Senate Staff:Dick Armstrong (786-7460)

                January 24, 1990

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, JANUARY 24, 1990

BACKGROUND:

The existing statute which establishes criminal penalties for failure to respond or failure to appear to notices of traffic infractions needs to be clarified to insure that the penalties are uniform.

At the present time, it is a gross misdemeanor to commit the crime of hit and run--attended vehicle (RCW 46.52.020).  However, there is a limitation in the available sentence which may be imposed.  Currently, the maximum sentence 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 carries a maximum sentence of not more than 90 days in jail and a fine of not more than $1,000.  District court judges are of the opinion that the penalty for hit and run--attended vehicle should have the standard penalty for a gross misdemeanor.

When a person's driver's license has been cancelled, revoked or suspended by the Department of Licensing (DOL), a notice is sent to the driver by DOL requiring the person to immediately 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/or a fine of $1,000.  Many judges are of the opinion that a traffic infraction is a more appropriate penalty.

Driving while license suspended (DWLS) and driving while license revoked (DWLR) are currently gross misdemeanor charges, but carry a limitation on the available sentence that may be imposed.  Generally, a gross misdemeanor provides for a maximum penalty of not more than one year in jail and a fine of not more than $5,000.  DWLS and DWLR impose penalties that limit the sentence to not more than six months in jail for a first offense and not more than one year in jail on any subsequent offense and imposes a maximum fine of not more than $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.

In addition to the minimum mandatory sentences which must be imposed on DWLR charges, the Legislature has required that when the DWLR charge occurs at the same time as a DWI charge, a mandatory minimum sentence of 30 days must be imposed.  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.

EFFECT OF PROPOSED SUBSTITUTE: 

Technical changes are made.

Appropriation:  none

Revenue:   none

Fiscal Note:    none requested

Senate Committee - Testified:   Judge Robert McBeth, District Court Judges Association (pro); Judge Rayne, Municipal Court Judges (pro)