H-2747.4  _______________________________________________

                          HOUSE BILL 2149

          _______________________________________________

State of Washington      53rd Legislature     1994 Regular Session

By Representatives Campbell, Ballasiotes, Wineberry, Johanson, Forner, Long, Thomas and Silver

Prefiled 12/28/93.  Read first time 01/10/94.  Referred to Committee on Judiciary.

Excluding juvenile diversion agreements from a driver's traffic offense record.

    AN ACT Relating to traffic offense records; and amending RCW 46.52.120.

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

    Sec. 1.  RCW 46.52.120 and 1993 c 501 s 12 are each amended to read as follows:

    (1)(a) Except as provided under (b) of this subsection, the director shall keep a case record on every motor vehicle driver licensed under the laws of this state, together with information on each driver, showing all the convictions and findings of traffic infractions certified by the courts, together with an index cross-reference record of each accident reported relating to such individual with a brief statement of the cause of the accident.  The chief of the Washington state patrol shall furnish the index cross-reference record to the director, with reference to each driver involved in the reported accidents.

(b) For the purposes of this section, a diversion agreement under Title 13 RCW is not considered a conviction or a finding of a traffic infraction, except to the extent the subject of the diversion agreement is the juvenile's operation of a motor vehicle in a manner violating chapter 46.61 RCW.

    (2) The records shall be for the confidential use of the director, the chief of the Washington state patrol, the director of the Washington traffic safety commission, and for such police officers or other cognizant public officials as may be designated by law.  Such case records shall not be offered as evidence in any court except in case appeal is taken from the order of the director, suspending, revoking, canceling, or refusing a vehicle driver's license.

    (3) The director shall tabulate and analyze vehicle driver's case records and suspend, revoke, cancel, or refuse a vehicle driver's license to a person when it is deemed from facts contained in the case record of such person that it is for the best interest of public safety that such person be denied the privilege of operating a motor vehicle.  Whenever the director orders the vehicle driver's license of any such person suspended, revoked, or canceled, or refuses the issuance of a vehicle driver's license, such suspension, revocation, cancellation, or refusal is final and effective unless appeal from the decision of the director is taken as provided by law.

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