by
<a href="mailto:sharons@awcnet.org">Sharon Swanson</a>, <a href="mailto:shannonm@awcnet.org">Shannon McClelland</a> | Mar 18, 2019
<a target="_blank" href="https://app.leg.wa.gov/billsummary?BillNumber=1504&Initiative=false&Year=2019"><strong>HB 1504</strong></a> passed the House unanimously and is now in the Senate.
HB 1504 passed the House unanimously and is now in the Senate. The bill has been amended and now does the following:
- Changes the provisions related to the "safely off the roadway" defense to the crime of Actual Physical Control of a Motor Vehicle While Under the Influence. The criteria for determining whether a vehicle has been moved safely off the roadway are modified to specify that: "the suspected impaired person" rather than "the driver" must be removed from the driver's seat; and the vehicle must not be parked in an area "not authorized" for motor vehicle traffic or parking, rather than "prohibited" for motor vehicle traffic or parking.
- Reinstates current law requiring "safely off the roadway" to be asserted as an affirmative defense to a Department of Licensing’s (DOL) action against the accused person's driver's license, rather than an exception.
- Delays effective date until January 1, 2020, for the following changes:
- Any portion of a felony impaired driving sentence that is attributed to certain impaired driving-related enhancements is not eligible for good time credits or earned release time;
- When a person has received day-for-day credit for a driver's license suspension, revocation, or denial for a period equal to or greater than the periods of restriction imposed by statute, DOL must provide notice of full credit, must not issue a further suspension or revocation, and must not charge reissue fees.
- Changes ignition interlock-related provisions.
- Grants the court discretion to waive the mandatory minimum sentence for first-time impaired driving offenses, and modifies the alternative penalties available on a second or third offense upon a showing of substantial risk to the offender's physical or mental well-being.
- Applies sentencing enhancements in nonfelony impaired driving convictions for each minor passenger under the age of 16, which must be served consecutively.
AWC supports the bill.
The bill is not yet scheduled for a hearing in the Senate.