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2015 House Bill 1276: Concerning impaired driving
Introduced by Rep. Brad Klippert (Kennewick) (R) on January 16, 2015
For Bill Information, please click HERE.   Official Text and Analysis.
Referred to the House Public Safety Committee on January 16, 2015
Substitute offered in the House on January 30, 2015
Requires the courts to notify the Department of Licensing (DOL) in instances where a defendant is required to use an ignition interlock device (IID) and in instances where such restrictions are lifted. Provides that an offender must file sworn statement with the court agreeing not to operate a vehicle without an IID while under an IID restriction. Requires the IIDs must have GPS. Clarifies the statutes that prohibit law enforcement officers from testing a person's blood suspected of driving under the influence (DUI) unless it is pursuant to a search warrant, a valid waiver of the warrant requirement, when exigent circumstances exist, or under any other authority of law. Changes what it means to tamper with an IID. Traffic infraction for a person to have an open container of marijuana in the main compartment of a vehicle while on a highway. Amends the definition of a "prior offense" in the Impaired Driving statute to include DUI-related offenses. Provides that DUI-related sentence enhancements are mandatory, must be served in total confinement, must run consecutively to other sentencing provisions, and are not eligible for earned release time. Authorizes the DOL to furnish an abstract of an individual's driving record to an individual's named attorney of record. The substitute bill amends and clarifies many statutory provisions relating to DUI and IID requirements. It clarifies that when a person charged with a DUI offense is released from custody at arraignment (instead of before arraignment) the court authorizing the release must order the person to use an IID. A provision is added to provide immunity for localities supervising DUI defendants once they receive verification that the defendant has had an IID installed. The "pilot" 24/7 Sobriety Program is made permanent. The WASPC is required to provide a progress report on the Program annually to the Governor and the Legislature. It authorizes the Account to be used for operational and administration expenses related to the Program.
Referred to the House General Government & Information Technology Committee on February 4, 2015
Referred to the House Rules Committee on March 4, 2015
Amendment offered by Rep. Brad Klippert (Kennewick) (R) on March 6, 2015
Requires the court to order a repeat DUI offender, as a condition of release at arraignment, to: (1) have an ignition interlock installed; (2) file a sworn statement with the court, at arraignment, agreeing not to drive a vehicle without an ignition interlock; and (3) participate in alcohol monitoring.
The amendment passed by voice vote in the House on March 6, 2015
Passed 94 to 4 in the House on March 6, 2015.
    See Who Voted "Yes" and Who Voted "No".
Requires the courts to notify the Department of Licensing (DOL) in instances where a defendant is required to use an ignition interlock device (IID) and in instances where such restrictions are lifted.
Received in the Senate on March 10, 2015
Referred to the Senate Law & Justice Committee on March 10, 2015
Amendment offered in the Senate on March 31, 2015
Provides that a fourth DUI or PC offense is a class C felony ranked at level IV on the felony sentence grid. An additional $50 fee is assessed on all persons convicted, sentenced to a lesser charge, or given a deferred prosecution as a result of a conviction for DUI, PC, vehicular homicide, or vehicular assault. The money goes to the highway safety account to be used solely for funding Washington Traffic Safety Commission grants to organizations within counties to combat driving under the influence of alcohol or drugs. Breath testing for the presence of drugs is allowed.
Referred to the Senate Ways & Means Committee on March 31, 2015
Amendment offered in the Senate on April 7, 2015
Removes all sections related to making a fourth DUI or PC offense a class C felony ranked at level IV on the felony sentence grid. The additional $50 fee assessed to persons convicted, sentenced to a lesser charge, or given a deferred prosecution as a result of a conviction of DUI, PC, vehicular homicide, or vehicular assault going to the highway safety account to be used solely for funding the Washington Traffic Safety Commission grants to organizations within counties to combat driving the influence of alcohol or drugs is also removed.
Referred to the Senate Ways & Means Committee on April 7, 2015
Referred to the Senate Rules Committee on April 7, 2015
Amendment offered by Sen. Mike Padden (Spokane Valley) (R) on April 15, 2015
Provides that (1) the 24/7 sobriety program remains a pilot program.(2) First-time DUI or PC offenders are not eligible for the 24/7sobriety program. The 24/7 sobriety program is used for DUI or PCoffenders only.(3) It is not professional misconduct for any technician trainedin withdrawing blood, to collect a blood sample without a person's Official Print - 52 1276-S2.E AMS PADD S3025.2 consent when these professionals are directed by a law enforcement officer to do so for the purpose of a blood test under the provisions of a search warrant, exigent circumstances, or other authority of law. ---.
The amendment passed by voice vote in the Senate on April 15, 2015
Received in the House on April 29, 2015
Referred to the House Rules Committee on May 28, 2015
Amendment offered by Rep. Brad Klippert (Kennewick) (R) on June 11, 2015
Requires the court to order a repeat DUI offender, asa condition of release at arraignment, to: (a) Have an ignitioninterlock device installed; (b) comply with 24/7 sobriety programmonitoring; (c) have an ignition interlock device installed andcomply with 24/7 sobriety monitoring; or (d) have an ignitioninterlock device on all motor vehicles operated by the person, agree(by signing a sworn statement) not to operate any vehicle without anignition interlock device as required by the court, and participatein 24/7 sobriety program monitoring or alcohol monitoring at theexpense of the person.
The amendment passed by voice vote in the House on June 11, 2015
Received in the Senate on June 15, 2015
Signed with partial veto by Gov. Jay Inslee on June 30, 2015
Vetoed section that creates substantial new responsibilities and costs as it requires the Department to inspect every police station, jail, corrections facility, or other location where a law enforcement MA-phlebotomist may take blood samples.

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