S-0868.1  _______________________________________________

                         SENATE BILL 5302

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Senators Long, Anderson and Wood

Read first time 01/22/97.  Referred to Committee on Law & Justice.

Penalizing sleeping-driver homicide.

    AN ACT Relating to traffic deaths caused by falling asleep at the wheel; reenacting and amending RCW 46.63.020; adding a new section to chapter 46.61 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:

    (1) When the death of a person ensues within three years as a proximate result of injury proximately caused by the driving of a vehicle by a person, the driver is guilty of sleeping-driver homicide if, under circumstances not constituting vehicular homicide, the driver:  (a) Fell asleep while operating a motor vehicle; and (b) the circumstances leading up to the accident would have indicated to a reasonable person that he or she was likely to fall asleep at the wheel.

    (2) Sleeping-driver homicide is a gross misdemeanor punishable under chapter 9A.20 RCW.

    Sec. 2.  RCW 46.63.020 and 1996 c 307 s 6, 1996 c 287 s 7, 1996 c 93 s 3, 1996 c 87 s 21, and 1996 c 31 s 3 are each reenacted and amended to read as follows:

    Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution:

    (1) RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;

    (2) RCW 46.09.130 relating to operation of nonhighway vehicles;

    (3) RCW 46.10.090(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit‑forming drugs or in a manner endangering the person of another;

    (4) RCW 46.10.130 relating to the operation of snowmobiles;

    (5) Chapter 46.12 RCW relating to certificates of ownership and registration and markings indicating that a vehicle has been destroyed or declared a total loss;

    (6) RCW 46.16.010 relating to initial registration of motor vehicles;

    (7) RCW 46.16.011 relating to permitting unauthorized persons to drive;

    (8) RCW 46.16.160 relating to vehicle trip permits;

    (9) RCW 46.16.381 (6) or (9) relating to unauthorized use or acquisition of a special placard or license plate for disabled persons' parking;

    (10) RCW 46.20.021 relating to driving without a valid driver's license, unless the person cited for the violation provided the citing officer with an expired driver's license or other valid identifying documentation under RCW 46.20.035 at the time of the stop and was not in violation of RCW 46.20.342(1) or 46.20.420, in which case the violation is an infraction;

    (11) RCW 46.20.091 relating to false statements regarding a driver's license or instruction permit;

    (12) RCW 46.20.336 relating to the unlawful possession and use of a driver's license;

    (13) RCW 46.20.342 relating to driving with a suspended or revoked license or status;

    (14) RCW 46.20.410 relating to the violation of restrictions of an occupational driver's license;

    (15) RCW 46.20.420 relating to the operation of a motor vehicle with a suspended or revoked license;

    (16) RCW 46.20.750 relating to assisting another person to start a vehicle equipped with an ignition interlock device;

    (17) RCW 46.25.170 relating to commercial driver's licenses;

    (18) Chapter 46.29 RCW relating to financial responsibility;

    (19) RCW 46.30.040 relating to providing false evidence of financial responsibility;

    (20) RCW 46.37.435 relating to wrongful installation of sunscreening material;

    (21) RCW 46.44.180 relating to operation of mobile home pilot vehicles;

    (22) RCW 46.48.175 relating to the transportation of dangerous articles;

    (23) RCW 46.52.010 relating to duty on striking an unattended car or other property;

    (24) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;

    (25) RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers;

    (26) RCW 46.52.100 relating to driving under the influence of liquor or drugs;

    (27) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an insurance company, an employer, and an alcohol/drug assessment or treatment agency;

    (28) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;

    (29) RCW 46.55.035 relating to prohibited practices by tow truck operators;

    (30) RCW 46.61.015 relating to obedience to police officers, flagmen, or fire fighters;

    (31) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;

    (32) RCW 46.61.022 relating to failure to stop and give identification to an officer;

    (33) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;

    (34) RCW 46.61.500 relating to reckless driving;

    (35) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;

    (36) RCW 46.61.503 relating to a person under age twenty-one driving a motor vehicle after consuming alcohol;

    (37) RCW 46.61.520 relating to vehicular homicide by motor vehicle;

    (38) RCW 46.61.--- (section 1 of this act) relating to sleeping-driver homicide;

(39) RCW 46.61.522 relating to vehicular assault;

    (((39))) (40) RCW 46.61.525(1) relating to first degree negligent driving;

    (((40))) (41) RCW 46.61.527(4) relating to reckless endangerment of roadway workers;

    (((41))) (42) RCW 46.61.530 relating to racing of vehicles on highways;

    (((42))) (43) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;

    (((43))) (44) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;

    (((44))) (45) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;

    (((45))) (46) Chapter 46.65 RCW relating to habitual traffic offenders;

    (((46))) (47) RCW 46.68.010 relating to false statements made to obtain a refund;

    (((47))) (48) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where that chapter provides for the assessment of monetary penalties of a civil nature;

    (((48))) (49) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;

    (((49))) (50) RCW 46.72A.060 relating to limousine carrier insurance;

    (((50))) (51) RCW 46.72A.070 relating to operation of a limousine without a vehicle certificate;

    (((51))) (52) RCW 46.72A.080 relating to false advertising by a limousine carrier;

    (((52))) (53) Chapter 46.80 RCW relating to motor vehicle wreckers;

    (((53))) (54) Chapter 46.82 RCW relating to driver's training schools;

    (((54))) (55) RCW 46.87.260 relating to alteration or forgery of a cab card, letter of authority, or other temporary authority issued under chapter 46.87 RCW;

    (((55))) (56) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW.

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