S-1085.1

SUBSTITUTE SENATE BILL 5238

BySenate Law & Justice (originally sponsored by Senators Muzzall, Lovick, Saldaña, Shewmake, Trudeau, Wagoner, and C. Wilson)

AN ACT Relating to reckless driving in cases involving excessive speed; amending RCW 46.61.500; prescribing penalties; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 46.61.500 and 2020 c 330 s 14 are each amended to read as follows:

(1) ((Any person who drives any vehicle in))(a) A person is guilty of reckless driving if the person drives a vehicle:

(i) In willful or wanton disregard for the safety of persons or property ((is guilty of reckless driving)); or

(ii) Intentionally more than 30 miles per hour over the posted speed limit.

(b) Violation of the provisions of this section is a gross misdemeanor punishable by imprisonment for up to ((three hundred sixty-four))364 days and by a fine of not more than ((five thousand dollars))$5,000.

(2)(a) Subject to (b) of this subsection, the license or permit to drive or any nonresident privilege of any person convicted of reckless driving shall be suspended by the department for not less than ((thirty))30 days.

(b) When a reckless driving conviction is a result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, the department shall grant credit on a day-for-day basis for any portion of a suspension, revocation, or denial already served under an administrative action arising out of the same incident. In the case of a person whose day-for-day credit is for a period equal to or greater than the period of suspension required under this section, the department shall provide notice of full credit, shall provide for no further suspension under this section, and shall impose no additional reissue fees for this credit. During any period of suspension, revocation, or denial due to a conviction for reckless driving as the result of a charge originally filed as a violation of RCW 46.61.502 or 46.61.504, any person who has obtained an ignition interlock driver's license under RCW 46.20.385 may continue to drive a motor vehicle pursuant to the provision of the ignition interlock driver's license without obtaining a separate temporary restricted driver's license under RCW 46.20.391.

(3)(a) Except as provided under (b) of this subsection, a person convicted of reckless driving who has one or more prior offenses as defined in RCW 46.61.5055(14) within seven years shall be required, under RCW 46.20.720, to install an ignition interlock device on all vehicles operated by the person if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502, 46.61.504, or an equivalent local ordinance.

(b) A person convicted of reckless driving shall be required, under RCW 46.20.720, to install an ignition interlock device on all vehicles operated by the person if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug or RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug.

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