Issue Current Law House Bill Senate Bill Mandatory

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1 Mandatory booking A police officer has authority to arrest a person when the officer has probable cause to believe that the person has violated certain traffic laws. Requires mandatory arrest upon a person's 2nd offense when the officer has knowledge that the defendant had committed a DUI offense in the previous 10 years. **mandatory arrest does not necessarily mean jail IID (Ignition Interlock Device) vehicle forfeiture Cars are impounded for 12 hours after arrest. IIDs are generally required post-conviction for DUI offenders. (For a range of 1-10 years) Authorizes a police officer, upon probable cause, to arrest in situations where: (1) juveniles are driving or in physical control of a vehicle after consuming alcohol or having THC in their system; and (2) persons are driving, operating, or in physical control of a commercial motor vehicle while having alcohol or THC in their system. As a condition of release after arrest or arraignment, upon a person's 2nd or subsequent offense, requires mandatory IID installation and/or participation in the 24/7 alcohol/drug monitoring. DOL suspends all drivers licenses after arrest for DUI, so that a person can only drive if they get an ignition interlock license (which requires IID installation and confirmation by DOL). Currently a DUI and PC conviction can result in forfeiture of a vehicle. Requires installation of the IID within 5 business days. Requires courts to authorize removal of the IID upon acquittal or dismissal of the charges. Requires the courts to consider at the time of sentencing whether a vehicle should be seized and forfeited if the person has been found to have operated the vehicle without a required IID. Also adds a provision that requires the courts to consider at the time of sentencing whether a vehicle should be seized and forfeited if the person has been found to have operated the vehicle without a required IID Court shall consider at sentencing whether the vehicle shall be seized and forfeited (if it hasn t already occurred)

2 DUI courts RCW Counties have authority to operate DUI courts Authorizes municipalities to either "independently" operate DUI courts or enter into cooperative agreements with Deferred sentences SRA Sentencing Reform Act Generally deferred sentences are not available for any DUI offense however, in a few cases, courts have been sentencing offenders charged with a gross misdemeanor DUI offense to a deferred sentence. Felony-DUIs traditionally washout (are removed) after 5 years because they are class C felonies, provided a new felony has not been committed. Current statute is ambiguous related to scoring DUI felonies in the SRA. counties that have DUI courts. Clarifies that courts are explicitly prohibited from sentencing DUI/PC offender to a deferred sentence. Deferred prosecution remains an option. Clarifies the scoring provisions under the SRA. Clarifies that felony level DUIs will not washout for purposes of scoring subsequent felony. However, if that person commits any other type of felony offense (outside of a felony DUI/PC offense (Physical Control), then his/her previous felony-dui offense will washout like any other felony under current law. Electronic Home Monitoring (EHM) The mandatory minimum penalties for a DUI/PC offense vary depending on the person's BAC and whether the person has "prior offenses." Often the mandatory minimum penalties may include electronic home monitoring (EHM) to be paid for by the offender. The court may also require Expands the definition of a "prior offense" to include charges brought under the impaired driving statute even when those charges are pled down to a lesser charge and the person received a deferred sentence. In other words, when a DUI/PC, Vehicular Homicide, or Vehicular Assault offense is pled down (to a Negligent Driving 1, Reckless Driving, or Reckless Endangerment offense), courts can still count that offense as a "prior offenses" for purposes of sentencing. In cases where a court requires an offender to use an EHM device, the court may also require the EHM device to include another separate type of alcohol monitoring device (instead of an alcohol detection breathalyzer).

3 the offender's EHM device to include an alcohol detection breathalyzer and may restrict the amount of alcohol the offender may consume during the time he or she is on electronic monitoring. Monitoring may include the use of an IID or 24/7 alcohol/drug monitoring. If a court determines that an alcohol monitoring device utilizing wireless reporting technology is reasonably available, the court may require the offender to obtain such a device during the period of his or DUI/PC penalties 1 st offense (0 priors) in 7 years 2 nd offense (1 prior offense in 7 years) 3 rd offense ( 2 prior Mandatory minimum 1 day jail (to 364 days jail) or 15 days EHM (in lieu of the mandatory minimum jail time) Mandatory minimum 2 days jail (to 364 days jail) or 30 days EHM (in lieu of the mandatory minimum jail time) Mandatory minimum 30 days (to 364 days jail) + 60 days EHM (or 4+ additional days jail in lieu of the EHM) Mandatory minimum 45 days (to 364 days jail) + 90 days EHM (or 6+ additional days jail in lieu of the EHM) her required EHM. Penalties stay the same. Penalties stay the same but the mandatory minimum of 2 days is clarified to mean 48 hours they can opt for 30 days of EHM Mandatory minimum 40 days jail (to 364 days jail) + 60 days of EHM treatment* + either: 1.) 90 days jail 2.) 90 days 24/7 alcohol/drug Monitoring * Requires the court to order an alcohol and drug assessment (as approved by DSHS) and order treatment based upon that assessment. Mandatory minimum 55 days jail to 364 days jail + 90 days EHM Treatment* + either: 1.) 90 days jail 2.) 24/7 alcohol/drug Monitoring * Requires the court to order an alcohol and drug assessment (as approved by DSHS) and order treatment based upon that assessment Mandatory minimum 100 days to 364 days jail days of EHM treatment* + either: Penalties stay the same. Mandatory minimum is the same 40 days ) 4 days in jail or 60 days EHM 2) In lieu of the mandatory minimum 60 days EHM, court may order, if available, the 24/7 alcohol/drug monitoring *Court shall order alcohol assessment and treatment Mandatory minimum same ( days) + 1) 90 days EHM or 8 days in jail 2) In lieu of 90 days EHM, court may order, if available, the 24/7 alcohol/drug monitoring *Court shall order alcohol assessment and treatment Washout removed

4 offenses in 10 years) 4 th offense (3 priors in 10 years) 5 th and subsequen t offenses Community custody for felony DUI/PC offenses Minimum of 90 days jail (to 364 days jail) days EHM (or 8+ additional days jail in lieu of the EHM) Minimum of 120 days jail (to 364 days jail) days EHM (or 10+ additional days jail in lieu of the EHM) Minimum of 90 days jail (to 364 days jail) days EHM (or 8+ additional days jail in lieu of the EHM) Minimum of 120 days jail (to 364 days jail) days EHM (or 10+ additional days jail in lieu of the EHM) BAC <0.15 (Class C felony) 22 months to 5 years prison BAC> 0.15 (Class C felony) 22 months to 5 years prison If an offender is sentenced to the custody of DOC for a felony DUI/PC offense, the court must sentence the offender to community custody for months, in addition to the terms of the sentence. Most DUI/PC offenders are generally classified as low risk. 1) 180 days jail 2) 24/7 alcohol/drug Monitoring * Requires the court to order an alcohol and drug assessment (as approved by DSHS) and order treatment based upon that assessment. Mandatory minimum 130 days jail to 364 days jail days of EHM Treatment* + either: 1) 180 days jail & 2) 24/7 alcohol/drug Monitoring * Requires the court to order an alcohol and drug assessment (as approved by DSHS) and order treatment based upon that assessment Effective January 1, 2014 BAC <0.15 (Class C felony) 13 months to 5 years prison + Community Custody BAC> 0.15 (Class C felony) 13 months to 5 years prison + Community Custody BAC> 0.15 (Class C felony) Penalties stay the same + Community Custody BAC> 0.15 (Class C felony) Penalties stay the same + Community Custody Requires DOC to provide community custody to felony DUI/PC offenders regardless of risk level. Mandatory minimum same days in jail + 1) 120 days of EHM or 8 days in jail 2) In lieu of 120 days of EHM, court may order 24/7 alcohol/drug monitoring if available *Court shall order alcohol assessment and treatment Mandatory minimum same days in jail + 1) 150 days of EHM or 10 days in jail 2) In lieu of 150 days of EHM, court may order 24/7 alcohol/drug monitoring *Court shall order alcohol assessment and treatment

5 Conditions of probation Does not add both to the language Regulation of IIDs Whenever a court sentences a person for a gross misdemeanor DUI/PC offense, the court must also impose probation with conditions that include: (1) Not driving without a valid license and insurance; (2) Not driving while having an alcohol concentration of 0.08 or more within two hours after driving; and (3) Not refusing to submit to a breath or blood test when a law enforcement officer believes the person was driving or was in physical control of a motor vehicle while under the influence of alcohol. The Washington State Patrol (WSP) provides standards for the certification, installation, repair, and removal of ignition interlock devices. Clarifies that conditions of probation that are imposed must prohibit an offender from: (1) driving without "both" a valid license and liability insurance; and (2) driving or being in physical control of a vehicle while having THC in his or her system. Has a provision for mandatory 3 to 6 months participation in the 24/7 program as a condition of probation. Gives the WSP authorization to create by rule the requirements for certifying ignition interlock devices instead of having such language in statute. Adds liability insurance or other financial responsibility to what the driver must have while operating a motor vehicle. Does include a provision for being in physical control while under the influence of alcohol or THC. IIDs When a person is required to have an IID installed on his or her vehicle, that device must remain on the vehicle until the DOL receives a declaration from the ignition interlock vendor certifying that there have been no "incidents" in the four consecutive months prior to the date the requirement expires. An "incident" is: (1) An attempt to start the vehicle with a BAC of 0.04 or higher; (2) Failure to take or pass any required re-test; or (3) Failure of the person to appear at the vendor when required. Authorizes WSP to inspect IID in all vehicles despite where the installation took place. (Deletes the language that states that the WSP can only inspect IID when the installation was done at the vendor's place of business.) If an IID tests positive the first time for a BAC level, it allows a person to take a retest within 10 minutes of the first test in order to show a lower BAC level, however a digital image must confirm the same person provided both samples. DOL may not waive and no employer may exempt an ignition interlock requirement within the first 30 days following installation of an IID after a first offense or for the first 365 days after an IID has been installed for second or subsequent convictions. This provision makes state law in compliance with Federal statute.

6 Generally, vehicles that are owned by a person's employer are exempt from the IID requirements. Requires officers that conduct field inspections of IIDs report violations to the Driving on wrong side of the road Neg driving and other drugs 24/7 Program Impaired driving work group Not current law Current law references impairment of alcohol or illegal drugs. court. Adds additional penalties to consider if driver was going wrong way Clarifies the neg driving statute to include being impaired by any drug, not just illegal drugs States that a person is guilty of neg driving in the 1 st degree if he/she operates a vehicle having consumed liquor, marijuana or any drug Not current law Changes the 24/7 program to the 24/7 monitoring, requires CJTC to work with WASPC to establish rules and procedures Not in current law Costs must be paid by the offender, court can determine if indigent Those who are able to pay, pay an additional $20 per month to fund those who cannot pay Creates an Impaired Driving work group made of approximately 25 individuals to study and make recommendations on reducing impaired driving offenses in Washington. Requires a final report be submitted to the Legislature and the Governor by December 1, Provides that the work group and its duties expire on January 1, 2014 Creates the 24/7 program to be administered by the Washington Assoc. of Sheriffs and Police Chiefs. 24/7 Pilot program established No more than 3 counties and 2 cities Local jurisdictions outside of pilot are encouraged to establish 24/7 as soon as practicable WASPC must select pilots from diverse geographic areas WASPC develops criteria for participating Provide a study measuring changes in recidivism and cost savings Intent of the legislature that 24/7 is statewide by January 1, 2019 Not included

7 Funding for 24/7 programs Not in current law $100 penalty/ Target Zero Not current law Creates 24/7 alcohol drug monitoring revolving account in the state treasury as well as a revolving account for CJTC to administer the monitoring devices for indigent persons All receipts from the fee assessed under (15) must be deposited into the account Expenditures may be used only for administering and operation 24/7 program Fees shall be collected by sheriff or chief, or the designated entity in charge of the 24/7 program. And deposited into county or city treasurer respectively Proceeds shall be applied and used only to defray recurring costs of 24/7 An additional $20 fee shall be transmitted to CJTC for depositing in the revolving account to defray 24/7 program costs for indigent offenders Requires courts to impose a penalty assessment of $100 on persons convicted of driving with invalid license, circumventing IID, hitting an unattended car, eluding, reckless driving, negligent driving, DUI/PC, minor driving under influence, vehicular homicide or assault, or racing on highways. The target zero account is created in the state treasure. All penalty assessments collected under the $100 section must be deposited into the account. Moneys in the account are to be spent by Washington Traffic Safety Commission on effective strategies and programs that align with the strategic highway safety plan Creates 24/7 sobriety account in the state treasury. Maintained by WASPC to defray costs of operating 24/7 program and funding support services. WASCP may accept for deposit money from donations, gifts, grants, participation fees, and user fees or payments Funds are collected by sheriff or chief or designated entity, deposited in county or city treasury Proceeds shall be applied and used only to defray recurring costs of 24/7 No additional $20 fee Not included

8 Civil liability Currently local governments and their subdivisions and employees, DOC and its employees, WASCP and its employees are immune from civil liability for damages arising from incidents involving offenders placed on electronic monitoring, unless there is gross negligence or bad faith by the employee Expands existing civil liability for EHM to 24/7 programs. Key: BAC- Blood Alcohol Content CJTC- Criminal Justice Training Commission EHM- Electronic Home Monitoring IID- Ignition Interlock Device Neg Driving- Negligent Driving PC- Physical Control WASPC- Washington Assoc. of Sheriffs and Police Chief s

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