From: To

: ; <> "Maxima;;;;;;;;;;;;;;;;;" <;> "Suzette;;;;;;;;;;;" <;> "Sen. David;" <;> "Rep. Roger;" <Gower>

John;; <CHOLLOWAY@DOL.WA.GOV;> "Leanne;;;;;;;;;;;;;;;;;;;;; Samantha;; <;> "Sen. Adam;;;;;MABRAHAM@DOL.WA.GOV;;;;" <;> "Aldo;;;;" <;> "Rep. Mark;;" <;> "Alec;;;;;; ROrbeck@DOL.WA.GOV;;;;" <;> "Rep. Jay;;;; KEN.DENTON@WSP.WA.GOV;;;;;;;;" <;> "Trudes;;;;ToniH@ATG.WA.GOV;; TPARKER011@COMCAST.NET;;;;;;" <> CC: Date: 1/16/2013 7:20:37 PM

Subject: RE_ Impaired Driving Bill Draft
Ok, I am in the process of deleting all of Jerry Stanton ?s language that changed ?ignition interlock device ? to ?certified alcohol monitoring device. ? So for the WSP, that means that the language to RCW 43.43.395 will basically be going back to what I had originally in draft #1 that was distributed during out January 8th meeting. I am also adding a few changes that Judge Phillips suggested too. Please keep the changes and comments/feedback coming and I will try to incorporate them all in over the weekend.

Yvonne Walker
House of Representatives Public Safety Committee Office of Program Research, John L. O ?Brien Building 252 P.O. Box 40600 Olympia, WA 98504-0600 ph. (360) 786-7841

Committee Meeting Documents are available online: From: [] Sent: Wednesday, January 16, 2013 5:29 PM To: Patashnik, Maxima;;;;;;;;;;;;;;;;;; Cooper, Suzette;;;;;;;;;;;; Frockt, Sen. David;; Goodman, Rep. Roger; Gower, John;; CHOLLOWAY@DOL.WA.GOV; Horn, Leanne;;;;;;;;;;;;;;;;;;;;;;; Kersul, Samantha;;; Kline, Sen. Adam;;;;; MABRAHAM@DOL.WA.GOV;;;;; Melchiori, Aldo;;;;; Miloscia, Rep. Mark;;; Osenbach, Alec;;;;;; ROrbeck@DOL.WA.GOV;;;;; Rodne, Rep. Jay;;;; KEN.DENTON@WSP.WA.GOV;;;;;;;;; Tango, Trudes;;;; ToniH@ATG.WA.GOV;; TPARKER011@COMCAST.NET;;;;;; Cc: Walker, Yvonne Subject: Impaired Driving Bill Draft - BIG Problem!!! RCW 46.04.215 and 43.43.395 Everyone, The changes to RCW 43.43.395 (Bill Sec. 6) and RCW 46.04.215 (Bill Sec. 9) whereby Ignition Interlock becomes Certified alcohol monitoring device MUST be reversed! "Ignition interlock" has specific meanings in Federal law, and has encompassed thirty years of research in dozens of studies and has led to specific recommendations by the highway safety community. Also "ignition interlock" is used elsewhere in the RCW (e.g., Ignition Interlock License) . Changing "ignition interlock" to "certified alcohol monitoring device" will be a massive step backwards that simply can't happen. I apologize to everyone because I am certain the confusion began with my using these two sections as the basis for granting WSP the authority to develop standards for alcohol monitoring devices OTHER THAN ignition interlocks as we discussed at last week's working group meeting. As you may recall, the group decided attempting to establish such standards in the absence of Federal standards was neither practical nor wise. Unfortunately, the amended language I had proposed to become the basis for new RCW Sections for other devices, became changes to the existing authority and standards for ignition interlocks leading to more than seventy changes in the proposed bill. I am sorry for the extra work this confusion has and will cause the bill drafter (Ms. Walker, I presume). On a positive note, thank you for including language on Page 38 as a first step to deal with compliance based removal issues. On another positive note, the senior member of the ignition interlock provider community will be providing refreshments at the next meeting of the Impaired Driving Working Group! Humbly, Jerry Stanton

In a message dated 1/16/2013 4:07:30 P.M. Pacific Standard Time, writes:

Hi All, Please see the summary and draft Impaired Driving Bill below. We would like to get any feedback by Friday, January 18th, 5pm. Please send your feedback to myself, Rep. Goodman and Yvonne Walker. Please let me know if you have any questions. Thank you. Best, Maxima -----------------------------------------------------------------------------------------------------------------------------------------------------SUMMARY Section 1 DUI Courts. Municipalities are authorized to directly establish and operate DUI courts or they may also enter into cooperative agreements with counties that have DUI courts to provide DUI court services. Section 2 Deferred Sentences Clarifies that deferred sentences are NOT available for DUI/PC. Section 3 Sentencing Reform Act (SRA) Scoring. If the present conviction is felony DUI or PC while under the influence of alcohol or any drug, then each prior felony DUI or PC while under the influence of alcohol or any drug conviction, serious traffic infraction, and prior conviction considered a "prior offense within ten years," must be included in the offender score.

If a person's present conviction is for a felony DUI or felony PC offense then prior felony DUI and felony PU offenses can never "wash out" and must always be included in the offender's score. Section 4 Arrest without Warrant. A provision is added to clarify that law enforcement officers may arrest and take into custody without a warrant any person under the age of twenty-one when the officer has probable cause to believe that the person is or has been driving, operating, or is in physical control of a vehicle while having alcohol in his or her system. Section 5 Subsections (1) - (14) - Subtitles are added to provide for improved readability and clarity of the statute. Subsection (6) - Being under the influence with a child in the vehicle. The sentence enhancements for individuals convicted DUI are clarified by stating that the ignition interlock penalties and the fines are in addition to all other penalties imposed by law. Subsection (11) - Conditions of Probation. The conditions of probation that courts must impose are clarified to include that a defendant cannot drive without a license or liability insurance and cannot refuses to submit to a breath or blood test to determine drug concentration upon request by law enforcement. Subsection (14) - Deferred Sentences. The definition of prior offense is expanded to include a deferred sentence for a DUI offense. Section 6 Ignition Interlock Devices. Allows the Washington State Patrol to create by rule the statement for certifying ignition interlock devices instead of having the form listed in statute and referring to the Federal Register. Section 7 Attempting to Elude a Police Vehicle. The sentencing enhancement for attempting to elude a police vehicle is mandatory, must be served in total confinement, and must run consecutively to other sentencing penalties. Section 8 Ignition Interlock Re-test. When starting a vehicle, give a person 10 minutes to re-take the test, if the initial test registered a test result indicated a breath alcohol concentration of 0.04 or higher. Certified Alcohol Monitoring Device. Changes the name "ignition interlock" device to "certified alcohol monitoring" device. Section 9 Certified Alcohol Monitoring Device. Changes "ignition interlock" device to "certified alcohol monitoring" device design to measure and record a person ?s blood alcohol concentration on a continuous or periodic basis. Section 10-11 Punching of D rivers' licenses. Removes the requirement (for D OL and courts) to punch or mark driver's licenses. Sections 12-26 Certified Alcohol Monitoring Device. Changes the name "ignition interlock" device to "certified alcohol monitoring" device.

Maxima Patashnik Legislative Aide Representative Goodman 45th Legislative District

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