A proposed bill increases penalties for impaired driving, grants greater court discretion in sentencing, and changes qualifications for forensic phlebotomists.

The 2020 version of HB 1504, sponsored by Rep. Brad Klippert (R–Kennewick), was first heard in the House Public Safety Committee on Monday, January 13. The bill proposes several changes to the impaired driving statutes, including:

• Defining the circumstances under which a vehicle is "safely off the roadway" for purposes of the defense to the crime of Actual Physical Control of a Motor Vehicle While Under the Influence.
• Granting the court discretion to waive imposition of the mandatory minimum sentence and impose alternative penalties for first-time impaired driving offenses and modifying 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.
• Modifying provisions related to increased penalties for impaired driving cases involving minor passengers.
• Specifying that 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.
• Prescribing procedures for circumstances in which a person has fulfilled a period of impaired driving-related driver's license suspension through day-for-day credit from a separate suspension arising from the same incident.
• Removing the statutory minimum qualification requirements for forensic phlebotomists, leaving minimum qualifications within the Department of Health rulemaking authority.
• Making costs incurred through emergency response to an incident caused by an Actual Physical Control While Under the Influence offense eligible for emergency response reimbursement.

AWC supports the changes outlined in this bill.

Dates to remember

The bill is scheduled for a vote in the House Public Safety Committee at 8 am on Thursday, January 23.