HB 1074
In CommitteeHouse
Hit & run/first-time waiver
Excluding any person who is convicted of a hit and run resulting in death from being eligible for a first-time offender waiver.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill blocks people convicted of hit and run resulting in death from getting a first-time offender waiver, which normally allows judges to impose lighter sentences instead of standard prison time. It adds this offense to the list of crimes that disqualify someone from this sentencing option, even if it’s their first felony conviction.
- Adds 'hit and run resulting in death under RCW 46.52.020(4)(a)' to the list of offenses excluded from eligibility for the first-time offender waiver.
- Clarifies that even if the person has no prior felony convictions or deferred prosecutions, they cannot qualify for the first-time offender waiver if convicted of this specific offense.
- Reaffirms that for other eligible first-time offenders, courts may still impose up to 90 days of confinement, up to 6 months of community custody (or up to 1 year if treatment is ordered), and other conditions like community service or financial obligations.
- Maintains the definition of 'cannabis' for consistency with existing state law.
Who is affected
- People convicted of hit and run resulting in death — Individuals convicted of hit and run resulting in death would be explicitly barred from receiving a first-time offender waiver, meaning they would not be eligible for reduced sentencing options like limited jail time and community custody in lieu of standard prison time.
- Judges and sentencing courts — Courts would be required to apply stricter sentencing rules for this specific offense, removing discretion to use alternative sentencing for first-time offenders in these cases.
- Victims' families — Families and loved ones of people killed in hit-and-run crashes may see increased accountability and consistency in how offenders are punished.
Pro/Con Analysis
Potential Benefits (2)
Strengthens accountability for a uniquely egregious offense — leaving the scene of a crash resulting in death — by ensuring all convicted individuals face standard prison terms, reinforcing societal condemnation of such conduct and potentially deterring future hit-and-runs.
Public SafetyPeopleRef: Sec. 1, adding '(f) Hit and run resulting in death under RCW 46.52.020(4)(a)' to list of disqualifying offenses in RCW 9.94A.650(1)Provides consistency in sentencing for a crime that causes profound harm to victims’ families, aligning this offense with other serious offenses that disqualify first-time offenders from leniency (e.g., DUI, drug trafficking), and affirming that fleeing the scene does not diminish the moral and legal culpability of causing death.
Public SafetyPeopleRef: Sec. 1, amending RCW 9.94A.650(1)
Potential Concerns (3)
Increases incarceration rates for individuals convicted of hit-and-run resulting in death, potentially straining state correctional resources and reducing opportunities for rehabilitation-focused alternatives that have shown success in reducing recidivism for nonviolent offenses.
Public SafetyPeopleRef: Sec. 1, adding '(f) Hit and run resulting in death under RCW 46.52.020(4)(a)' to list of disqualifying offenses in RCW 9.94A.650(1)Reduces judicial discretion to tailor sentences to individual circumstances, potentially leading to over-incarceration of individuals whose conduct, while serious, may involve mitigating factors such as intoxication, mental health crises, or lack of prior intent to harm.
Public SafetyPeopleRef: Sec. 1, amending RCW 9.94A.650(1) to exclude hit-and-run resulting in death from first-time offender waiver eligibilityMay increase state correctional costs for a narrow category of offenses without clear evidence that longer incarceration reduces future hit-and-run incidents — fiscal impact is described as minimal but could rise if enforcement patterns shift.
FinancialLean peopleRef: Sec. 1, amending RCW 9.94A.650(1)
Who Is Most Affected
Individuals convicted of hit-and-run resulting in death will be subject to mandatory prison time rather than alternative sentencing, eliminating the possibility of reduced confinement or community-based supervision. This applies regardless of mitigating circumstances (e.g., intoxication, mental health), and may disproportionately affect those without resources to mount robust defenses.
Judges lose discretion to consider individualized circumstances in sentencing for this offense, reducing flexibility to balance punishment with rehabilitation potential. However, the bill clarifies that other sentencing options (e.g., up to 90 days confinement, community custody) remain available, preserving some judicial authority.
Families of victims may experience increased closure and perceived justice, as offenders can no longer avoid prison through procedural waivers. However, longer incarceration does not directly address trauma or provide material support to grieving families.
Law enforcement and prosecutors gain clearer sentencing expectations and may prioritize investigation of fatal hit-and-runs more aggressively, knowing penalties are now fixed. Defense attorneys may face increased pressure to negotiate before conviction to avoid mandatory prison.
Correctional facilities may see a small increase in population due to mandatory incarceration for this offense, though fiscal impact is described as minimal due to low baseline frequency of such convictions. No significant budgetary burden expected.