S-2151               _______________________________________________

                                                   SENATE BILL NO. 6082

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Bender and Owen

Read first time 3/1/89 and referred to Committee on  Transportation.

AN ACT Relating to penalties for driving while intoxicated; adding a new section to chapter 46.61 RCW; adding a new section to chapter 43.59 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 46.61 RCW to read as follows:

          In addition to any penalties that may be imposed under RCW 46.61.515, the court shall require a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 or who enters a deferred prosecution program under RCW 10.05.020 based on a violation of RCW 46.61.502 or 46.61.504, to meet with a DWI victims' impact panel created under section 2 of this act.  The court shall also order the person to pay an additional assessment established under section 2 of this act to pay the expenses of the victims' impact panel.  The court shall transmit this assessment, along with a report as to the disposition of the offense, to the state treasurer for deposit in the DWI victims' impact panel fund created by section 2 of this act.

NEW SECTION. Sec. 2.  A new section is added to chapter 43.59 RCW to read as follows:

          (1) The director of the Washington state traffic safety commission shall establish one or more DWI victims' impact panels in each county of the state.  The director shall determine the number and location of the panels in each county.  Each panel shall consist of four to six persons who have been injured by a person who was driving while intoxicated.  The director may use the services of public or private groups that have been established to address the problems caused by persons driving while intoxicated.  The director shall designate one member of each panel as the coordinator for that panel.

          (2) Members of the panels shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.  The director shall establish by rule the amount of the assessment that will be imposed by the courts.  The amount shall be sufficient to cover the needs of the DWI victims' impact panel fund.

          (3) The DWI victims' impact panel fund is created in the custody of the state treasurer.  All receipts from the additional assessments imposed under section 1 of this act shall be deposited into the fund.  Expenditures from the fund may be used only as provided by this section.  Only the director of the Washington traffic safety commission or the director's designee may authorize expenditures from the fund.  The fund is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.

          (4) The fund may be used to reimburse members of DWI victims' impact panels for their travel expenses incurred in the performance of their official duties and for administrative costs of the director of the traffic safety commission and the state treasurer in administering such collections and reimbursements.  These administrative costs may not exceed two percent of the total receipts of the fund.  Based upon records of convictions or deferred prosecutions received under section 1 of this act, the director of the traffic safety commission shall direct the state treasurer to pay travel expense vouchers submitted by the coordinator of each panel.