by
<a href="mailto:sharons@awcnet.org">Sharon Swanson</a>, <a href="mailto:shannonm@awcnet.org">Shannon McClelland</a> | Apr 12, 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.
HB 1504 passed the House unanimously. As it progressed through the Senate, it was amended at each stage. The latest amendment removes language in current law that requires forensic phlebotomists to meet higher qualifications than a medical assistant-phlebotomist.
The current version awaiting a floor vote does the following:
- Defines "safely off the roadway" for the affirmative defense to actual physical control of a motor vehicle while under the influence (PC) as:
- The suspected impaired person does not occupy the driver's seat;
- The vehicle is not parked in an area designated for through traffic or in an unauthorized parking place; and
- The vehicle's engine is off.
- A person who has a valid Department of Licensing (DOL) disability parking placard is not excluded from the affirmative defense solely because they remain in the driver's seat.
- Revises the lookback provision for prior offenses from the current 10-year lookback to a 15-year lookback for persons with three or more DUI or PC convictions.
- Allows the court to waive the mandatory minimum sentence for a first impaired driving conviction and revises the alternative penalties for the second and third offenses.
- Revises penalty enhancements for impaired driving offenses involving minor passengers.
- Precludes good time credits or earned release time for certain felony impaired driving sentences.
- Modifies procedures for ignition interlock devices required for impaired driving offenses.
- Adds PC to the crimes allowing recovery of emergency response costs from an incident caused by an intoxicated defendant.
AWC supports the bill.