House Democratic leaders kill felony DUI bill for fifth straight time

Sen. Mike Padden, R-Spokane Valley.

Sen. Mike Padden, R-Spokane Valley.

OLYMPIA – State Sen. Mike Padden, R-Spokane Valley, acknowledged deep disappointment Wednesday after House Democratic leaders killed his felony impaired-driving bill for the fifth time in a row.

Senate Bill 5105, which would make the 4th DUI a felony in Washington state, has been passed unanimously by the Senate five times since last year. Yet leaders of the majority Democratic Caucus in the House of Representatives have not allowed the measure to come to the floor of their chamber for a vote. Because the Legislature ended its 2016 session late Tuesday night, the decision by House leaders means the bill cannot be considered for another year, unless the Legislature chooses to convene for a special session.

“We came so close,” Padden said. “There was money in the budget agreed to by the House and Senate, and right up until the final gavel we all assumed the bill would pass. I think people outside Olympia would be dismayed to learn the House Democratic leadership would block a bill that would save people’s lives.”

Padden’s measure would end Washington’s status as the state with the loosest felony DUI statute in the country. In Washington, drunk and drugged drivers face prison time only on the fifth offense. In the 45 other states that allow felony prosecutions, felony charges can be filed on the fourth offense or before.

Padden’s bill was widely supported by prosecutors, law enforcement officials, the attorney general’s office, families of DUI victims and Mothers Against Drunk Driving. It would allow felony charges to be filed after an impaired driver has been convicted of DUI or a related offense three times in ten years. Felony convictions allow longer sentences, served in the state prison system, and require community supervision upon release.

Legislative staff estimates there would be 276 additional felony prosecutions annually, at an additional cost to the state of $10 million every two years. “Some say the problem is cost,” Padden said. “That’s what’s so maddening about it. We had the money in this year’s budget, and I think virtually every member of the Legislature would agree it is worth the money to keep these irresponsible drivers behind bars and prevent this carnage on our highways. We know repeat offenders are most likely to be involved in vehicular homicides. If money is the real reason House leaders are killing this bill, they are putting a dollar value on lives, and it is a mighty low one.”

Padden noted some reporters have suggested the bill was killed in retaliation for the fact that he has led the Senate’s investigation into the Department of Corrections this year. As chair of the Senate Law and Justice Committee, Padden has raised questions about the management of an agency that turned thousands of violent and dangerous criminals onto the streets ahead of schedule, and failed to fix its software when informed of the mistake.

“I don’t see the connection,” Padden said. “Some Democrats have objected to the DOC inquiry because it reflects badly on the executive branch. But every member of the Senate, Republican and Democrat, did the right thing and voted for the DUI bill, even after the investigation began. House Democratic leaders killed the bill three times last year, long before we knew about the sentencing scandal. So the problem must be limited to a handful of Democratic-party leaders in the House, and I think they owe the state an explanation.”