HOUSE BILL ANALYSIS
HB 1552
Title: An act relating to vehicular assault.
Brief Description: Expanding the definition of vehicular assault.
Sponsors: Representatives Delvin, Constantine, McDonald, Murray, Bush, Scott, Lambert, Hatfield, Radcliff, Poulsen, Ballasiotes, Mastin, Mitchell, Kenney and Conway; by request of Washington State Patrol.
HOUSE COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS
Staff: Jean Ann Quinn (786-7310).
Background:
A person commits the crime of vehicular assault if the person operates a motor vehicle in a reckless manner or while under the influence of drugs or alcohol, and this conduct causes serious bodily injury to another person. ASerious bodily injury@ is defined to mean bodily injury which involves a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any part or organ of the body. Vehicular assault is a class B felony.
The statute does not define Areckless manner.@ However, the courts have defined it as meaning a Aheedless, careless, or rash manner or in a manner showing indifference to the consequences.@ State v. Patridge, 47 Wash. 2d 640 (1955).
Summary:
The crime of vehicular assault can also be committed if the person operates a motor vehicle with disregard for the safety of others, and this conduct causes serious bodily injury to another person.
The statutory element Awith disregard for the safety of others@ has been interpreted by the courts in the context of vehicular homicide as Aimplying an aggravated kind of negligence, falling short of recklessness, but more serious than ordinary negligence.@ State v. Brooks, 73 Wash. 2d 653 (1968).