BILL REQ. #:  H-0741.1 

Read first time 01/19/11.   Referred to Committee on Judiciary.

     AN ACT Relating to negligent driving resulting in substantial bodily harm, great bodily harm, or death of a vulnerable user of a public way; reenacting and amending RCW 46.20.342; adding a new section to chapter 46.61 RCW; creating a new section; prescribing penalties; and providing an effective date.

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) A person commits negligent driving in the second degree with a vulnerable user victim if, under circumstances constituting negligent driving in the second degree, as defined in RCW 46.61.525, he or she proximately causes the death, great bodily harm, or substantial bodily harm of a vulnerable user of a public way.
     (2) The law enforcement officer or prosecuting authority issuing the notice of infraction for an offense under this section shall state on the notice of infraction that the offense was a proximate cause of death, great bodily harm, or substantial bodily harm, as defined in RCW 9A.04.110, of a vulnerable user of a public way. The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be sooner than seven days from the date of the notice, except by agreement. The form for the notice of traffic infraction under this section shall be prescribed by rule of the supreme court and, in addition to the requirements of RCW 46.63.060, shall:
     (a) State that a hearing will be scheduled by the court to determine the penalties under subsection (3) or (4) of this section and, if necessary, provide an opportunity for the person to contest the determination that the offense has been committed;
     (b) State that (i) the person named in the notice of infraction is required to appear at the scheduled hearing regardless of whether the person named in the notice contests the determination that the offense has been committed, (ii) failure to appear at the hearing will result in the suspension of the person's driver's license or driving privilege for a minimum of ninety days and continue thereafter until any penalties imposed pursuant to this chapter have been satisfied; and (iii) failure to appear at the hearing will result in the imposition of a fine fixed by the court in an amount of at least one thousand dollars and not to exceed five thousand dollars; and
     (c) Include a statement of the monetary and nonmonetary penalties established and available under this section and any other applicable law.
     (3) A person found to have committed negligent driving in the second degree with a vulnerable user victim shall be required to:
     (a) Pay a penalty of two hundred fifty dollars;
     (b) Complete a traffic safety course approved by the court;
     (c) Perform up to one hundred hours of community service, which must be approved by the court and must include activities related to driver improvement and providing public education on traffic safety; and
     (d) Submit certification to the court establishing that the requirements of this subsection have been met.
     (4) In lieu of the penalties imposed under subsection (3) of this section, a person found to have committed a violation of this section may elect to:
     (a) Pay a fine fixed by the court in an amount of at least one thousand dollars and not to exceed five thousand dollars; and
     (b) Have his or her driving privileges suspended for ninety days.
     (5) If a person found to have committed a violation of this section does not complete all requirements of subsection (3) of this section within one year of the date the violation of this section is found committed and does not elect the penalties described in subsection (4) of this section:
     (a) The court shall impose a fine in an amount of at least one thousand dollars and not to exceed five thousand dollars; and
     (b) The person's driving privileges shall be suspended for ninety days.
     For good cause shown, the court may extend the period of time in which the person must complete the requirements of subsection (3) of this section before imposing the fine and driving privilege suspension provided for in this subsection.
     (6) If a person issued a notice of infraction for a violation of this section fails to appear for a hearing scheduled pursuant to subsection (2)(a) of this section:
     (a) The court shall enter an order assessing the monetary penalty;
     (b) The person's driving privileges shall be suspended for ninety days; and
     (c) The court shall notify the department in accordance with RCW 46.20.270 of the failure to respond to the notice of infraction or to appear at a scheduled hearing.
     For good cause shown, the court may reschedule or continue the hearing scheduled pursuant to subsection (2)(a) of this section.
     (7) An offense under this section is a traffic infraction. To the extent not inconsistent with this section, the provisions of chapter 46.63 RCW shall apply to infractions under this section. Procedures for the conduct of all hearings provided for in this section may be established by rule of the supreme court.
     (8) If a person's driving privileges are suspended pursuant to subsection (4)(b), (5)(b), or (6)(b) of this section, the court shall send notice of such suspension to the department.
     (9) For the purposes of this section, "vulnerable user of a public way" means: (a) A pedestrian; (b) a person riding an animal; or (c) a person operating any of the following on a public way:
     (i) A farm tractor or implement of husbandry without an enclosed shell;
     (ii) A skateboard;
     (iii) Roller skates or in-line skates;
     (iv) A scooter;
     (v) A bicycle or tricycle;
     (vi) An electric assist bicycle;
     (vii) An electric personal assistive mobility device; or
     (viii) A wheelchair conveyance or other personal mobility device.
     (10) Any act prohibited by this section that also constitutes a crime under any other law of this state may be the basis of prosecution under such other law notwithstanding that it may also be the basis for prosecution under this section.

Sec. 2   RCW 46.20.342 and 2010 c 269 s 7 and 2010 c 252 s 4 are each reenacted and amended to read as follows:
     (1) It is unlawful for any person to drive a motor vehicle in this state while that person is in a suspended or revoked status or when his or her privilege to drive is suspended or revoked in this or any other state. Any person who has a valid Washington driver's license is not guilty of a violation of this section.
     (a) A person found to be ((an)) a habitual offender under chapter 46.65 RCW, who violates this section while an order of revocation issued under chapter 46.65 RCW prohibiting such operation is in effect, is guilty of driving while license suspended or revoked in the first degree, a gross misdemeanor. Upon the first such conviction, the person shall be punished by imprisonment for not less than ten days. Upon the second conviction, the person shall be punished by imprisonment for not less than ninety days. Upon the third or subsequent conviction, the person shall be punished by imprisonment for not less than one hundred eighty days. If the person is also convicted of the offense defined in RCW 46.61.502 or 46.61.504, when both convictions arise from the same event, the minimum sentence of confinement shall be not less than ninety days. The minimum sentence of confinement required shall not be suspended or deferred. A conviction under this subsection does not prevent a person from petitioning for reinstatement as provided by RCW 46.65.080.
     (b) A person who violates this section while an order of suspension or revocation prohibiting such operation is in effect and while the person is not eligible to reinstate his or her driver's license or driving privilege, other than for a suspension for the reasons described in (c) of this subsection, is guilty of driving while license suspended or revoked in the second degree, a gross misdemeanor. For the purposes of this subsection, a person is not considered to be eligible to reinstate his or her driver's license or driving privilege if the person is eligible to obtain an ignition interlock driver's license but did not obtain such a license. This subsection applies when a person's driver's license or driving privilege has been suspended or revoked by reason of:
     (i) A conviction of a felony in the commission of which a motor vehicle was used;
     (ii) A previous conviction under this section;
     (iii) A notice received by the department from a court or diversion unit as provided by RCW 46.20.265, relating to a minor who has committed, or who has entered a diversion unit concerning an offense relating to alcohol, legend drugs, controlled substances, or imitation controlled substances;
     (iv) A conviction of RCW 46.20.410, relating to the violation of restrictions of an occupational driver's license, a temporary restricted driver's license, or an ignition interlock driver's license;
     (v) A conviction of RCW 46.20.345, relating to the operation of a motor vehicle with a suspended or revoked license;
     (vi) A conviction of RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;
     (vii) A conviction of RCW 46.61.024, relating to attempting to elude pursuing police vehicles;
     (viii) A conviction of RCW 46.61.212(4), relating to reckless endangerment of emergency zone workers;
     (ix) A conviction of RCW 46.61.500, relating to reckless driving;
     (x) A conviction of RCW 46.61.502 or 46.61.504, relating to a person under the influence of intoxicating liquor or drugs;
     (xi) A conviction of RCW 46.61.520, relating to vehicular homicide;
     (xii) A conviction of RCW 46.61.522, relating to vehicular assault;
     (xiii) A conviction of RCW 46.61.527(4), relating to reckless endangerment of roadway workers;
     (xiv) A conviction of RCW 46.61.530, relating to racing of vehicles on highways;
     (xv) A conviction of RCW 46.61.685, relating to leaving children in an unattended vehicle with motor running;
     (xvi) A conviction of RCW 46.61.740, relating to theft of motor vehicle fuel;
     (xvii) A conviction of RCW 46.64.048, relating to attempting, aiding, abetting, coercing, and committing crimes;
     (xviii) An administrative action taken by the department under chapter 46.20 RCW; ((or))
     (xix) A conviction of a local law, ordinance, regulation, or resolution of a political subdivision of this state, the federal government, or any other state, of an offense substantially similar to a violation included in this subsection; or
     (xx) A finding that a person has committed a traffic infraction under section 1 of this act and suspension of driving privileges pursuant to section 1 (4)(b), (5)(b), or (6)(b) of this act.
     (c) A person who violates this section when his or her driver's license or driving privilege is, at the time of the violation, suspended or revoked solely because (i) the person must furnish proof of satisfactory progress in a required alcoholism or drug treatment program, (ii) the person must furnish proof of financial responsibility for the future as provided by chapter 46.29 RCW, (iii) the person has failed to comply with the provisions of chapter 46.29 RCW relating to uninsured accidents, (iv) the person has failed to respond to a notice of traffic infraction, failed to appear at a requested hearing, violated a written promise to appear in court, or has failed to comply with the terms of a notice of traffic infraction or citation, as provided in RCW 46.20.289, (v) the person has committed an offense in another state that, if committed in this state, would not be grounds for the suspension or revocation of the person's driver's license, (vi) the person has been suspended or revoked by reason of one or more of the items listed in (b) of this subsection, but was eligible to reinstate his or her driver's license or driving privilege at the time of the violation, or (vii) the person has received traffic citations or notices of traffic infraction that have resulted in a suspension under RCW 46.20.267 relating to intermediate drivers' licenses, or any combination of (c)(i) through (vii) of this subsection, is guilty of driving while license suspended or revoked in the third degree, a misdemeanor. For the purposes of this subsection, a person is not considered to be eligible to reinstate his or her driver's license or driving privilege if the person is eligible to obtain an ignition interlock driver's license but did not obtain such a license.
     (2) Upon receiving a record of conviction of any person or upon receiving an order by any juvenile court or any duly authorized court officer of the conviction of any juvenile under this section, the department shall:
     (a) For a conviction of driving while suspended or revoked in the first degree, as provided by subsection (1)(a) of this section, extend the period of administrative revocation imposed under chapter 46.65 RCW for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or
     (b) For a conviction of driving while suspended or revoked in the second degree, as provided by subsection (1)(b) of this section, not issue a new license or restore the driving privilege for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or
     (c) Not extend the period of suspension or revocation if the conviction was under subsection (1)(c) of this section. If the conviction was under subsection (1)(a) or (b) of this section and the court recommends against the extension and the convicted person has obtained a valid driver's license, the period of suspension or revocation shall not be extended.

NEW SECTION.  Sec. 3   This act applies to infractions committed on or after the effective date of this section.

NEW SECTION.  Sec. 4   This act takes effect July 1, 2012.