Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Judiciary Committee |
HB 2216
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
Title: An act relating to vehicular homicide and vehicular assault sentences.
Brief Description: Increasing penalties for vehicular homicide and vehicular assault.
Sponsors: Representatives Hurst, Pearson, Van De Wege, Dahlquist, Tharinger, Goodman, Johnson, Dammeier, Sells, Kelley, McCune and Kristiansen.
Brief Summary of Bill |
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Hearing Date: 1/18/12
Staff: Edie Adams (786-7180).
Background:
An adult who is convicted of a felony crime is sentenced under the provisions of the Sentencing Reform Act (SRA). The SRA contains a sentencing grid that provides a standard sentence range based on the seriousness level of the current offense and the offender's prior criminal history score, which is calculated based on rules relating to the number and type of past convictions and the current conviction. The sentencing judge will sentence the offender to a period of confinement within that standard range. Under certain circumstances a sentencing judge may impose an exceptional sentence that falls outside the standard range.
A person commits the crime of Vehicular Homicide if the person's driving of a vehicle proximately causes the death of another person and if the person was driving the vehicle: (1) while under the influence of alcohol or drugs; or (2) in a reckless manner; or (3) with disregard for the safety of others. Vehicular Homicide is a class A felony. Vehicular Homicide while driving under the influence is ranked at a seriousness level of IX (31-41 months in prison for a first offense). Vehicular Homicide by driving recklessly is ranked at a seriousness level of VIII (21-27 months in prison for a first offense). Vehicular Homicide by driving with disregard for the safety of others is ranked at a seriousness level of VII (15-20 months in prison).
A person commits the crime of Vehicular Assault if the person drives any vehicle and causes substantial bodily injury to another person while: (1) driving under the influence of alcohol or drugs; or (2) driving in a reckless manner; or (3) driving with disregard for the safety of others. Vehicular Assault is a class B felony. Vehicular Assault while driving under the influence is ranked at a seriousness level of IV (3-9 months in jail for a first offense).
Summary of Bill:
The seriousness level rankings for the crimes of vehicular homicide and the crime of vehicular assault while under the influence of alcohol or drugs are increased, resulting in an increase in the standard sentence range for a first offense, as indicated in the following table:
SERIOUSNESS LEVEL | STANDARD SENTENCE FOR A FIRST OFFENSE | |||
Current Law | HB 2216 | Current Law | HB 2216 | |
Vehicular Homicide (DUI) | IX | XI | 31-41 months | 78-102 months |
Vehicular Homicide (Reckless) | VIII | X | 21-27 months | 51-68 months |
Vehicular Homicide (Disregard) | VII | VIII | 15-20 months | 21-27 months |
Vehicular Assault (DUI) | IV | V | 3-9 months | 6-12 months |
Appropriation: None.
Fiscal Note: Requested on January 10, 2012.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.