Bill Summary – FastDemocracy

H-2488.1
                           SUBSTITUTE HOUSE BILL 1972
     State of Washington         67th Legislature          2022 Regular Session
     By House Public Safety      (originally   sponsored    by   Representatives
     Harris and Santos)
     READ FIRST TIME 02/03/22.
      AN ACT Relating to imposing criminal penalties for negligent
  driving involving the death of a vulnerable user victim; amending RCW
  46.61.526, 46.20.342, 46.61.110, 46.61.145, 46.61.180, 46.61.185,
  46.61.190, 46.61.205, and 46.63.020; adding a new section to chapter
  46.61 RCW; 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 with a vulnerable user
 victim in the first degree if 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 of a vulnerable user of a public
 way.
      (2) Violation of this section is a gross misdemeanor, which shall
 be punished by:
      (a) Up to 364 days of imprisonment;
      (b) A fine of $5,000, which may not be reduced to an amount less
 than $1,000; and
      (c) Suspension of driving privileges for 90 days.
                                       p. 1                             SHB 1972
     (3) If a person is convicted of an offense under this section,
 then the court shall notify the department, and the department shall
 suspend the person's driving privileges.
     (4) For the purposes of this section:
     (a) "Negligent" has the same meaning as provided in RCW
 46.61.525(2).
     (b) "Vulnerable user of a public way" means:
     (i) A pedestrian;
     (ii) A person riding an animal; or
     (iii) A person operating or riding 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;
    (G)   A motorized foot scooter; or
    (H)   A motorcycle.
      Sec. 2.   RCW 46.61.526 and 2020 c 146 s 1 are each amended to
 read as follows:
     (1) A person commits negligent driving ((in the second degree))
 with a vulnerable user victim in the second degree if, under
 circumstances not constituting negligent driving with a vulnerable
 user victim in the first degree under section 1 of this act or
 negligent driving in the first degree under RCW 46.61.5249, 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.
                                      p. 2                        SHB 1972
     (3) Persons under the age of ((sixteen)) 16 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)) $5,000,
 which may not be reduced to an amount less than ((one thousand
 dollars)) $1,000; and
     (b) Have his or her driving privileges suspended for ((ninety))
 90 days.
     (5) In lieu of the penalties imposed under subsection (4) of this
 section, a person found to have committed negligent driving with a
 vulnerable user victim 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)) $250;
     (b) Attend traffic school for a number of days to be determined
 by the court pursuant to chapter 46.83 RCW;
     (c) Perform community service for a number of hours to be
 determined by the court, which may not exceed ((one hundred)) 100
 hours, and which 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) If a person found to have committed a violation of this
 section elects the penalties imposed under subsection (5) of this
 section, the court may impose the penalties under subsection (5) of
 this section and the court may assess costs as the court deems
 appropriate for administrative processing.
     (7) Except as provided in (b) of this subsection, if a person
 found to have committed a violation of this section elects the
 penalties 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)) $5,000, which may not be reduced to an
 amount less than ((one thousand dollars)) $1,000; and
     (ii) The person's driving privileges shall be suspended for
 ((ninety)) 90 days.
                                     p. 3                         SHB 1972
     (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.
     (8) 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.
     (9) 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.
     (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.
     (11) 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 or riding 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;
     (G) A motorized foot scooter; or
                                     p. 4                         SHB 1972
     (H) A motorcycle)) has the same meaning as provided in section 1
 of this act.
     Sec. 3.   RCW 46.20.342 and 2021 c 240 s 9 are each 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 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)) 10
 days. Upon the second conviction, the person shall be punished by
 imprisonment for not less than ((ninety)) 90 days. Upon the third or
 subsequent conviction, the person shall be punished by imprisonment
 for not less than ((one hundred eighty)) 180 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)) 90 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;
                                     p. 5                         SHB 1972
     (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(5), 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) A conviction of section 1 of this act, relating to
 negligent driving with a vulnerable user victim in the first degree;
     (xix) An administrative action taken by the department under this
 chapter ((46.20 RCW));
                                     p. 6                         SHB 1972
     (((xix))) (xx) 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))) (xxi) A finding that a person has committed a traffic
 infraction under RCW 46.61.526 and suspension of driving privileges
 pursuant to RCW 46.61.526 (4)(b) or (7)(a)(ii).
     (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 for a moving violation, failed to appear at a hearing for
 a moving violation, or failed to comply with the terms of a criminal
 complaint or criminal citation for a moving violation, as provided in
 RCW 46.20.289(1);
     (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;
     (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
     (viii) The person has been certified by the department of social
 and health services as a person who is not in compliance with a child
 support order as provided in RCW 74.20A.320, or any combination of
 (c)(i) through (viii) of this subsection, is guilty of driving while
 license suspended or revoked in the third degree, a misdemeanor.
     (d) 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.
                                     p. 7                         SHB 1972
     (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. 4.   RCW 46.61.110 and 2019 c 403 s 3 are each amended to
 read as follows:
     The following rules shall govern the overtaking and passing of
 vehicles proceeding in the same direction:
     (1)(a) The driver of a vehicle overtaking other traffic
 proceeding in the same direction shall pass to the left of it at a
 safe distance and shall not again drive to the right side of the
 roadway until safely clear of the overtaken traffic.