BILL REQ. #:  S-1202.1 

READ FIRST TIME 02/08/11.   

     AN ACT Relating to negligent driving resulting in substantial bodily harm, great bodily harm, or death of a vulnerable user of a public way; amending RCW 46.63.070; 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 not constituting negligent driving in the first degree, he or she operates a vehicle, as defined in RCW 46.04.670, in a manner that is both negligent and endangers or is likely to endanger any person or property, and 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.
     (3) Persons under the age of sixteen who commit an infraction under this section are subject to the provisions of RCW 13.40.250.
     (4) A person found to have committed negligent driving in the second degree with a vulnerable user victim shall be required to:
     (a) Pay a monetary penalty of five thousand dollars, which may not be reduced to an amount less than one thousand dollars; and
     (b) Have his or her driving privileges suspended for ninety days.
     (5) In lieu of the penalties imposed under subsection (4) of this section, a person found to have committed negligent driving in the second degree with a vulnerable user victim who requests and personally appears for a hearing pursuant to RCW 46.63.070 (1) or (2) may elect to:
     (a) Pay a penalty of two hundred fifty dollars; and
     (b) Complete a traffic safety course approved by the court; and
     (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 within one year of the hearing.
     (6) Except as provided in (b) of this subsection, if a person found to have committed a violation of this section elects the penalties imposed under subsection (5) of this section but does not complete all requirements of subsection (5) of this section within one year of the hearing:
     (a)(i) The court shall impose a monetary penalty in the amount of five thousand dollars, which may not be reduced to an amount less than one thousand dollars; and
     (ii) The person's driving privileges shall be suspended for ninety days.
     (b) For good cause shown, the court may extend the period of time in which the person must complete the requirements of subsection (5) of this section before any of the penalties provided in this subsection are imposed.
     (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 is penalized under subsection (4) of this section, then the court shall notify the department, and the department shall suspend the person's driving privileges. If a person fails to meet the requirements of subsection (5) of this section, the court shall notify the department that the person has failed to meet the requirements of subsection (5) of this section and the department shall suspend the person's driving privileges. Notice provided by the court under this subsection must be in a form specified by the department.
     (9) 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.
     (10) For the purposes of this section:
     (a) "Great bodily harm" and "substantial bodily harm" have the same meaning as provided in RCW 9A.04.110.
     (b) "Negligent" has the same meaning as provided in RCW 46.61.525(2).
     (c) "Vulnerable user of a public way" means:
     (i) A pedestrian;
     (ii) A person riding an animal; or
     (iii) A person operating any of the following on a public way:
     (A) A farm tractor or implement of husbandry, without an enclosed shell;
     (B) A bicycle;
     (C) An electric-assisted bicycle;
     (D) An electric personal assistive mobility device;
     (E) A moped;
     (F) A motor-driven cycle; or
     (G) A motorized foot scooter.

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) or (6)(a)(ii) 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.

Sec. 3   RCW 46.63.070 and 2006 c 327 s 7 are each amended to read as follows:
     (1) Any person who receives a notice of traffic infraction shall respond to such notice as provided in this section within fifteen days of the date of the notice.
     (2) If the person determined to have committed the infraction does not contest the determination the person shall respond by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the court specified on the notice. A check or money order in the amount of the penalty prescribed for the infraction must be submitted with the response. When a response which does not contest the determination is received, an appropriate order shall be entered in the court's records, and a record of the response and order shall be furnished to the department in accordance with RCW 46.20.270.
     (3) If the person determined to have committed the infraction wishes to contest the determination the person shall respond by completing the portion of the notice of infraction requesting a hearing and submitting it, either by mail or in person, to the court specified on the notice. 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.
     (4) If the person determined to have committed the infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction the person shall respond by completing the portion of the notice of infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing.
     (5)(a) Except as provided in (b) ((and)), (c), and (d) of this subsection, in hearings conducted pursuant to subsections (3) and (4) of this section, the court may defer findings, or in a hearing to explain mitigating circumstances may defer entry of its order, for up to one year and impose conditions upon the defendant the court deems appropriate. Upon deferring findings, the court may assess costs as the court deems appropriate for administrative processing. If at the end of the deferral period the defendant has met all conditions and has not been determined to have committed another traffic infraction, the court may dismiss the infraction.
     (b) A person may not receive more than one deferral within a seven-year period for traffic infractions for moving violations and more than one deferral within a seven-year period for traffic infractions for nonmoving violations.
     (c) A person who is the holder of a commercial driver's license or who was operating a commercial motor vehicle at the time of the violation may not receive a deferral under this section.
     (d) A person who commits negligent driving in the second degree with a vulnerable user victim may not receive a deferral for this infraction under this section.
     (6) If any person issued a notice of traffic infraction:
     (a) Fails to respond to the notice of traffic infraction as provided in subsection (2) of this section; or
     (b) Fails to appear at a hearing requested pursuant to subsection (3) or (4) of this section;
the court shall enter an appropriate order assessing the monetary penalty prescribed for the traffic infraction and any other penalty authorized by this chapter and 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 requested hearing.

NEW SECTION.  Sec. 4   This act applies to infractions committed on or after the effective date of this section.

NEW SECTION.  Sec. 5   This act takes effect July 1, 2012.