A driver of a motor vehicle commits Vehicular Homicide if the death of any person ensues within three years as a proximate result of injury proximately caused by the driver's operation of the motor vehicle under any of the following three enumerated circumstances:
Vehicular Homicide is a class A felony ranked at either seriousness level XI or VII, depending on which of the three enumerated circumstances applies.
Under state law, felony offenses are categorized as either violent or nonviolent. A felony offense may also be designated as a most serious offense (sometimes referred to as a "strike offense"). If a person is convicted of a most serious offense and has at least two prior and separate convictions for most serious offenses, the person is considered a persistent offender and must be sentenced to life in prison. Any class A felony is categorically both a violent offense and a most serious offense. Additionally, Vehicular Homicide is specifically designated by statute as both a violent offense and a most serious offense if committed while under the influence of intoxicating liquor or any drug, or in a reckless manner.
Vehicular Homicide is specifically designated as a violent offense regardless of which statutorily enumerated circumstance applies to the commission of the offense.? Vehicular Homicide proximately caused by the operation of any vehicle with disregard for the safety of others is excluded from the statutory list of most serious offenses.
The substitute bill:? (1) adds an intent section, which provides that the Legislature's intent is to designate Vehicular Homicide committed under any circumstances as a violent offense; and (2) excludes Vehicular Homicide proximately caused by the operation of any vehicle with disregard for the safety of others?from the statutory list of most serious offenses.
(In support) The purpose of this bill is to ensure that Vehicular Homicide involving disregard for the safety of others is not eligible for a first-time offender waiver (FTOW).? There were 95 convictions in the state for Vehicular Homicide involving disregard for the safety of others across the last three years, and 10 such convictions were eligible for an FTOW.? These crimes should be sanctioned appropriately.
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This is a cleanup bill.? When the crime of Vehicular Homicide was first iterated, it was originally a class B felony.? When the Legislature later elevated Vehicular Homicide to a class A felony, certain statutory references were not updated accordingly with regard to its designation as a violent offense.? There is no reason for somebody who kills another person with gross criminal negligence to receive an FTOW.? Designating a crime as a violent offense allows for 18 months of community custody, which is needed for Vehicular Homicide.
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(Opposed) This bill would turn a negligence-based offense into a strike offense.? The three strikes law should be repealed because it is deeply racist, having been disproportionately imposed on people of color.? A person who commits Vehicular Homicide involving disregard for the safety of others is still held accountable with a serious felony conviction.? However, such a person was only acting with an aggravated form of negligence, rather than intentionally or recklessly.
(In support) Representative Cyndy Jacobsen, prime sponsor; and Amy Freedheim, Senior Deputy Prosecutor King County - Felony Traffic.
Linda Thompson.