Drunk drivers who kill now face tougher sentences

A new law aimed at deadly drunk drivers is already taking hold.

As this Seattle Times story shows, the first test case happened the same day the law took effect.

Here’s the meat of that story:

Michelle Leigh Dittamore was charged Wednesday with vehicular homicide, accused of slamming her father's two-seat sports car — which she didn't have permission to drive — head-on into a vehicle driven by Jana Lynne Berry, 48, who was killed instantly at the scene of the June 7 late-night crash.

Dittamore's 4-year-old son, Grayson, was in the front passenger seat and suffered bruising from the seat belt and air bag, according to charging documents. His presence in the vehicle at the time of the crash is considered an enhancement that, should Dittamore be convicted, will add a year onto her prison sentence.

Dittamore had allegedly consumed one tumbler of pink Champagne and the drug Klonopin, a benzodiazepine, which is known to make users dizzy or drowsy, before the crash, charging papers say. … Dittamore, whose license was suspended in 2009, apparently sneaked into her father's bedroom and took his car keys along with his Ambien prescription, charging papers say. She didn't have permission to drive her father's Honda S2000, nor was she insured to drive, the papers say.

In March, Gov. Chris Gregoire signed into law a bill that increased prison terms for those convicted of vehicular homicide to six to 8 1/2 years, an increase from the previous 2 ½ to almost 3 ½ years. The law went into effect on the day of the crash.

The law (House Bill 2216) was sponsored by Rep.Christopher Hurst (D-Enumclaw), chair of the Public Safety and Emergency Preparedness Committee and a retired police detective. In a press release at the time the governor signed the bill, Hurst said the law ensures justice for families and friends who lose a loved one to a drunk driver, and that he wrote the bill after witnessing immeasurable suffering and carnage around drunk driving accidents time and time again throughout his 25 year career. 

“A vehicle operated under the influence of alcohol is a deadly weapon and it’s time our sentencing guidelines reflected that fact,” Hurst said at the time. “Nothing can bring back the victims of these crimes, but I do hope this change brings some justice for the loved ones coping with an unimaginable loss.”

Before the law, the penalty for vehicular homicide wasn’t comparable to similar crimes such as manslaughter. The new law more than doubles the jail time for vehicular homicide by DUI. Those found guilty will face 78 to 102 months behind bars,equivalent to the penalty for first-degree manslaughter.

More from the release:

Prosecuting attorneys across the state have long advocated for an increase in sentences for DUI vehicular homicide; leading the charge have been King County Prosecutor Dan Satterberg and Pierce County Prosecutor Mark Lindquist.

"This increased penalty will feel more like justice to victim's families, friends and the community," Lindquist said. "Furthermore, this legislation is part of a larger effort to send a message that we don't tolerate drunk driving in Washington."

“With the leadership of Reps. Chris Hurst and Roger Goodman in the House and David Frockt, Adam Kline and Mike Padden in the Senate, we have given the families of loved ones lost to drunk drivers some sense of justice,” said Satterberg. “The increased sentences will not bring back their family members but will send a strong message to drunk drivers that their actions have consequences."

The full text and legislative history of House Bill 2216 can be viewed online here.

To read this story in Spanish, please click here.

Drive hammered, get nailed

For years, that’s been the catch-phrase of the Washington State Patrol, sending a clear message to drunk drivers: we’re coming after you.

There’s a good reason to be vigilant about drunks behind the wheel. Though violent crime gets more headlines, the average person has a greater chance of being maimed or killed on the road than at the hands of violent criminals.

Now with the passage of House Bill 2216 by Rep. Christopher Hurst, drunk drivers who cause a crash that kills somebody will get nailed much harder.

Hurst wrote the bill in the context of his 25-year career as a police officer and detective. He responded to more crashes than he cares to remember.

“A vehicle operated under the influence of alcohol is a deadly weapon and it’s time our sentencing guidelines reflected that fact,” said Rep. Hurst. “Nothing can bring back the victims of these crimes, but I do hope this change brings some justice for the loved ones coping with an unimaginable loss.”

Under the new law, jail time for vehicular homicide by DUI more than doubles. Those found guilty will face 78 to 102 months behind bars, equivalent to the penalty for first-degree manslaughter.

Prosecuting attorneys across the state have long advocated for an increase in sentences for DUI vehicular homicide. Leading the charge: King County Prosecutor Dan Satterberg and Pierce County Prosecutor Mark Lindquist.

"This increased penalty will feel more like justice to victim's families, friends and the community," Lindquist said. "Furthermore, this legislation is part of a larger effort to send a message that we don't tolerate drunk driving in Washington."

Tom McBride, with the Washington Association of Prosecuting Attorneys, said, "Driving drunk and causing the accident that kills another person is, in every sense of the word, criminally reckless. Drunk driving vehicular homicide should be treated as seriously as manslaughter, another recklessness based crime, - which is what this law does."

“With the leadership of Reps. Chris Hurst and Roger Goodman in the House and David Frockt, Adam Kline and Mike Padden in the Senate, we have given the families of loved ones lost to drunk drivers some sense of justice,” Satterberg said. “The increased sentences will not bring back their family members but will send a strong message to drunk drivers that their actions have consequences."

The bill was signed by Gov. Gregoire yesterday and goes into effect ninety days after the legislative session adjourned on March 8th, and those convicted after that date will face longer sentences behind bars. 

For people who like numbers and charts: this link to the Traffic Safety Commission has all sorts of data and color charts on drunk driving crashes. There is some jargon to translate. “VMT” stands for “Vehicle Miles Traveled,” so what they’re doing is adjusting crash figures for the growing population and number of cars on the road.

To read this post in Spanish, click here.

Proposed changes to Discover Pass get public hearing today

Last session, legislators saved all 120 of our state parks from closure by implementing a new user fee system.  Beginning last July, vehicles entering state parks needed to display an annual "Discover Pass" (or a day pass) in order to park.  While there is some flexibility for those who are only parking momentarily to use the restroom or drop off recyclables, vehicles without a pass can be ticketed.

The intent behind the legislation was to prevent the shuttering of state parks, the majority of which are not self-supporting.  And in fact,  41 other states already charge user fees at their state parks, so Washington was in the minority of states that did not.

While thousands of Washingtonians have purchased Discover Passes since they became available last summer, these sales haven't generated enough revenue so far to stave off more cuts to the parks system.  So lawmakers are examining possible tweaks to the Discover Pass program that may make it more user-friendly, encourage more people to buy the pass, and keep the gates at our parks open.  Among the proposals being considered are allowing the pass to be transferable among vehicles in the same household, capping the pass fee at $30 even, and clarifying which state lands require a Discover Pass for parking.

Today in the House General Government Appropriations and Oversight Committee, five bills that propose changes to the Discover Pass will get public hearings.  The bills are:

• House Bill 2153, sponsored by Rep. Zack Hudgins
• House Bill 2217, sponsored by Rep. Chris Hurst
• House Bill 2295, sponsored by Rep. Kevin Van De Wege
• House Bill 2373, sponsored by Rep. Van De Wege
• House Bill 2528, sponsored by Rep. Hudgins

The hearing takes place at 2:00 p.m. in the John L. O'Brien Building, Hearing Room C.

To read this story in Spanish, click here.

Be prepared for anything - including snowstorms

How can you protect your family and home against Mother Nature?

The snowstorm of January 2012 is another example of why everybody, no matter where you live, needs to be prepared for:

• Windstorms and snowstorms
• Power outages
• Floods
• Heat waves
• Other natural disasters

As the Federal Emergency Management Agency says, it’s important for every family to (1) be informed, (2) make a plan, (3) build a kit and (4) work with your neighbors. Learn more at www.ready.gov

Here are some easy tips for storms like this:

• Bump up the thermostat BEFORE the power goes out
• Make sure outside faucets are turned off and insulated
• Leave inside faucets dripping to prevent freezing
• If the power does go out, use flashlights instead of candles, which are a fire hazard
• Don’t drive on snowy and icy roads unless you absolutely have to, because if you get stuck, or injured, ambulances will have just as hard of a time getting to you
• Have a kit ready for the house and your car, with blankets, food, water, a first-aid kit, medicines and other essentials.
• If you have to travel, make sure somebody knows where you’re going and check the Department of Transportation’s website on conditions before you go. www.wsdot.wa.gov

Here in the House of Representatives, we’ve focused a lot of time and attention on preparing for emergencies like this and doing a better job of coordinating local, state and federal efforts to help people. If you’ve got ideas or questions, please contact Public Safety and Emergency Preparedness Chair Christopher Hurst at christopher.hurst@leg.wa.gov

Take a moment today to thank first responders in your community

As you may have heard, today is “Thank First Responders Day” across Washington state. This observance began following the tragic loss of four police officers in Lakewood in 2009, and was officially established by a proclamation signed by Governor Gregoire on June 18, 2010.

According to the Thank First Responder website, “Unfortunately it seems that the community only recognizes the brave and generous acts of our first responders when tragedy occurs. We shouldn’t need something terrible to happen for us to realize how fortunate we are to have such well-trained men and women there for us every single moment of life”.

Here at the HDC, we couldn’t agree more. We’ll be taking time out from special session activity to thank our very own Reps. Kevin Van De Wege and Christopher Hurst, who also serve the people of Washington state as first responders.

Please join us in thanking police officers and fire fighters in your community for the sacrifices they make to keep us safe not only today, but throughout the year.

To read this blog post in Spanish, click here.

The Honored Guard

It’s National Guard Day at the state capital today, an opportunity for Legislators, visitors, and staff to honor the service and sacrifice the men and women of the Guard give to our state every day. Led by Major General Timothy Lowenberg, the citizen soldiers and airmen of The Washington National Guard are dedicated to the mission of safeguarding lives and property in Washington State.

With more than 100 uniformed men and women in attendance, the House passed a resolution in their honor. It was sponsored by Rep.Troy Kelley of Lakewood, who represents Joint Base Lewis McChord and Camp Murray. Rep. Kelley served for seventeen years in the U.S. Army Reserve, and he is currently a member of the Washington National Guard.

We also approved a measure, prime-sponsored by Rep. Chris Hurst, that will allow active service members deployed overseas to receive and return their ballots via fax and e-mail.

Expanding the use of DNA to solve more crimes

Thanks to better technology and falling costs in recent years, the use of DNA in addressing public safety challenges has increased. In 49 states, DNA collection is required for convicted felons.

Now some lawmakers in Washington want to join the 24 states that also require DNA collection at arrest for violent felony crimes and sex crimes. The hope is that offenders can be caught earlier in their criminal progression, since studies show that many criminals are serial offenders. Rep. Jeannie Darneille, sponsor of HB 1369, and other supporters think this practice will lead to reduced rates of criminality, resolution of cold cases, and lower investigation costs.

This afternoon, Rep. Darneille was joined by Sen. Karen Fraser, the sponsor of the companion bill in the Senate, and other supporters at a press conference following hearings on both bills. They were joined by Jayann Sepich, a public safety advocate from New Mexico who started a national campaign for arrestee DNA databases in honor of her murdered daughter Katie Sepich, along with King County Prosecuting Attorney Dan Satterberg, Pierce County Prosecuting Attorney Mark Lindquist, Rep. Christopher Hurst, Grays Harbor County Sheriff Mike Whelan and others.

Read more about the legislation here.

Not so fast: traffic cameras re-examined

Amid cries of Big Brother, overly stiff fines and conflicting traffic-safety data, the House Transportation Committee yesterday focused its lens on automatic traffic safety cameras. These small cameras are causing a big impact across Washington—21 cities across Washington now have camera systems, and more are surely considering them. Before the committee heard Rep. Christopher Hurst’s bill (2780), it held a work session on the overall issue, with perspectives from folks from the state Traffic Safety Commission, Department of Transportation and a traffic-camera vendor.

Hurst’s bill would limit fines to $25, require that yellow lights run for four seconds and reform the process for challenging infractions. He disputed the rosy public-approval statistics touted by the camera industry, saying that 99 percent of the people who’ve contacted him are unhappy with the camera systems. He cited a report by the Spokesman Review that actually noted an increase in crashes and injuries at intersections with red-light cameras.

Hurst and some committee members are skeptical of systems being seen as revenue generators by local jurisdictions. “When there’s a profit incentive, you have to be a little careful,” Hurst said, mindful that the public’s confidence in law enforcement could erode if these systems aren’t seen as fair. He wants fines to be set at a “break-even” level, not the fines of $100+ in some jurisdictions currently.

Critics of the bill testified that the existing system is working just fine—very well, even. Seattle reports that red-light runnings and traffic injuries have been reduced over the past two years, and that about 75 percent of fines are paid, indicating public acceptance. They also say traffic cameras are simply a cost-effective solution, since stationing an officer at an intersection would cost far more taxpayer money to do the same thing.

More info on HB 2780 is here.

Family of slain officers plea to lawmakers: Make a difference

"Make a difference." That was the message from family members of the four slain Lakewood police officers, as they testified before lawmakers in support of reforms to fix loopholes and flaws in our criminal justice system.

Two family members wore yellow t-shirts with those words, in the handwriting of Lakewood police officer Ronald Owens, and brought the yellow legal pad that he'd written them on to the night-time hearing of the Public Safety Committee.

His sister, Rhonda LeFrancois, found the legal pad with the note after Owens and his three fellow officers were gunned down in a Lakewood coffee shop Nov. 29 by convicted felon Maurice Clemmons, who was given a life sentence in Arkansas but paroled by Gov. Mike Huckabee.

The chair of the Public Safety Committee, Rep. Christopher Hurst, said the point of the investigative hearing was to hear from family members, prosecutors, police officers and others, so lawmakers could hear -- first-hand -- what reforms would make a difference.

"All killings of law enforcement officers are horrific and terrible to us," said Hurst, who served as an undercover detective and commander of a homicide task force. "The reason we're focusing on the Clemmons case is because I'm starting from one single premise, that Maurice Clemmons should not have been out of custody and had an opportunity to do this." Six police officers in Washington state were gunned down in 2009.

Read the full story here.
Photo: Family members of the four slain Lakewood police officers -- Mark Renninger, Ronald Owens, Tina Griswold and Greg Richards -- testify in favor of reforms to close loopholes in the criminal justice system.

Floor action continues at this hour -- Mental Health package sent to Senate

The tragic murder of Shannon Harps on New Year’s Eve, 2007, was remembered by state lawmakers today as the House passed several reforms that aim to protect mental-health services for children and reduce threats to public safety from mentally ill offenders.

“The death of Shannon Harps taught us lessons that will save lives,” said Rep. Mary Lou Dickerson, D-Seattle, who chairs the Human Services Committee. “Passing these reforms will honor her memory and make all people in Washington safer in years to come.”

After Harps was killed by a person who was seriously mentally ill and under community supervision at the time of the murder, a special working group led by King County Prosecutor Dan Satterberg launched a comprehensive review of issues related to the community supervision of higher-risk mentally ill offenders. Several of the reforms passed by the House today reflect findings from the study.

House Bill 1300, by Rep. Chris Hurst (D-Enumclaw), takes aim at a key problem identified by the Satterberg working group: a systematic failure to share mental-health history information that could be crucial to guiding interactions and decisions related to mentally-ill offenders.

“Failing to share information about risks posed by mentally-ill offenders has led to catastrophe in the past and will do so again unless we act decisively now to solve the problem,” Hurst said.

Hurst’s bill addresses the information gap by giving public health officials, prosecuting and defense attorneys, jail personnel and other key individuals expanded access to mental-health treatment histories under the Involuntary Treatment Act. It also gathers confidentially statutes into a single place to end confusion about who is entitled to what information about mentally ill offenders.

House Bill 1346, by Rep. Tami Green (D-Lakewood) creates additional grounds to petition for the extended involuntary treatment of a person who is already the subject of a court order for less restrictive treatment. Green’s bill would reduce the risks of premature release from treatment while also avoiding more restrictive and expensive hospitalization. “We worked hard to strike the right balance between protecting public safety and respecting the rights of persons with mental illness,” Green said. “The strong support we’ve received shows we got the balance right.”

House Bill 1201, by Rep. Al O’Brien (D-Mountlake Terrace), would have participants of Washington’s Dangerous Mentally Ill Offender program complete an advance mental health directive prior to release from prison. An advance directive allows a person with mental illness to plan ahead for treatment they would receive, should their condition deteriorate. The bill also renames the program to the Offender Re-Entry Community Safety Program.

Lawmakers propose restrictions on those convicted of assault of a child

Pierce and Russell Woodruff lived through every parent's worst nightmare when they asked 33-year-old family friend Matthew Christiansen to babysit their 15-month-old son Eryk. The man beat the child, leaving him with broken bones and serious brain injuries. Doctors told the parents they didn't think Eryk would live.
Matthew Christiansen pled guilty and is serving 10 years in prison. The Woodruffs want to do everything they can to prevent the same tragedy from happening again.
Rep. Chris Hurst met with the Woodruffs on Thursday and talked about what lawmakers could do. The Woodruffs told Hurst they want those convicted of first-degree assault of a child to face severe punishment and not be allowed, by law, to work with children -- as child care providers or teachers, for example -- or to serve as coaches or youth group leaders like the Boy Scouts and Girl Scouts.
Hurst worked with the Woodruffs and the lawmakers from the district where the Woodruff's live -- Representatives Hans Dunshee (D-Snohomish) and Mike Hope (R-Lake Stevens) -- on legislation (HB 2279) to achieve those goals.
Dunshee said he was happy to find a bipartisan solution to this issue.
"It's rare to find such cooperation across the aisles and across the rotunda," Dunshee said. "I appreciate how everyone come together yesterday and got behind this legislation to better protect kids across this state."
Photo: Pierce and Russell Woodruff, the mother and father of Eryk Woodruff, stand with Eryk's Law authors (from left to right) Reps. Hans Dunshee, Mike Hope and Christopher Hurst.

Hudgins signs 2-year deal with House fiscal committee

During a whirlwind round of mid-session trades on the House Floor yesterday, the 40-year-old right-hander from Tukwila, Zack Hudgins, was sent to the General Government Appropriations Committee and expected to fill a state budget clean-up position.

The exchange for Hudgins involved a three-way trade with the State Government & Tribal Affairs filling the hole left in their line-up with the tough veteran Rep. Chris Hurst out of Enumclaw, and sophomore Rep. Marko Liias from Mukilteo moving to fill Hurst’s spot on Agriculture and Natural Resources. Liias has also been called up to the Rules Committee.

In a player-manager role, the fourth-termer Hudgins also serves as House Majority Floor Leader, helping to coordinate the floor lineup each day.

Hudgins says he’s thrilled to be returning to a fiscal assignment. “I’m happy to be chosen to join the GGA committee. I hope to bring my skills and expertise to an especially important budget process this year.” The scouting report on Hudgins suggests he’s been a stickler when it comes to wise use of taxpayer dollars, citing his aggressive pursuit of greater accountability of operations at cross-town rivals, the Port of Seattle.

This year’s expansion committee, House General Government Appropriations, oversees 78 government agency budgets, dealing with funding of general government, natural resources and corrections programs and agencies, and makes funding recommendations to the Ways and Means Committee.

All members are to report immediately to their new assignments and are expected to serve out the remainder of their term in their new roles. Sources familiar with the negotiations report none of the members expect to receive pay raises.