BP BHEAD INT H

AN ACT Relating to revocation of juvenile driving privileges; amending RCW 13.40.265, 46.20.265, 66.44.365, 69.41.065, 69.50.420, and 69.52.070; adding a new section to chapter 9.41 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. A new section is added to chapter 9.41 RCW to read as follows:

In addition to any other penalty provided for by law, the driver's license shall be revoked of, or the age of eligibility for a driver's license shall be postponed for, any person thirteen years of age or older and under the age of eighteen found by a court to have committed an offense while armed with a firearm. The person's driving privileges shall be postponed or revoked and reinstated in accordance with the procedures established in RCW 13.40.265 and 46.20.265.

Sec. 2. RCW 13.40.265 and 1989 c 271 s 116 are each amended to read as follows:

(1)(a) If a juvenile thirteen years of age or older is found by juvenile court to have committed an offense while armed with a firearm, or an offense that is a violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the court shall notify the department of licensing within twenty-four hours after entry of the judgment.

(b) Except as otherwise provided in (c) of this subsection, upon petition of a juvenile who has been found by the court to have committed an offense that is a violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the court may at any time the court deems appropriate notify the department of licensing that the juvenile's driving privileges should be reinstated.

(c) If the offense is the juvenile's first violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until ninety days after the date the juvenile turns sixteen or ninety days after the judgment was entered, whichever is later. If the offense is the juvenile's second or subsequent violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the date the juvenile turns seventeen or one year after the date judgment was entered, whichever is later.

(d) If the juvenile's violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW was committed in conjunction with an offense committed by the juvenile while armed with a firearm, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive and the privilege to drive shall be revoked for a time period established in RCW 46.20.265(2)(c)(iii) through (vi).

(2)(a) If a juvenile enters into a diversion agreement with a diversion unit pursuant to RCW 13.40.080 concerning an offense that is a violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the diversion unit shall notify the department of licensing within twenty-four hours after the diversion agreement is signed. A juvenile is ineligible for a diversion agreement if one or more of the offenses was committed while armed with a firearm.

(b) If a diversion unit has notified the department pursuant to (a) of this subsection, the diversion unit shall notify the department of licensing when the juvenile has completed the agreement.

Sec. 3. RCW 46.20.265 and 1991 c 260 s 1 are each amended to read as follows:

(1) In addition to any other authority to revoke driving privileges under this chapter, the department shall revoke all driving privileges of a juvenile when the department receives notice from a court pursuant to RCW 13.40.265, 66.44.365, 69.41.065, 69.50.420, 69.52.070, or a substantially similar municipal ordinance adopted by a local legislative authority, or from a diversion unit pursuant to RCW 13.40.265. The revocation shall be imposed without hearing.

(2) The driving privileges of the juvenile revoked under subsection (1) of this section shall be revoked in the following manner:

(a) Except as provided in (c) of this subsection, upon receipt of the first notice, the department shall impose a revocation for one year, or until the juvenile reaches seventeen years of age, whichever is longer.

(b) Except as provided in (c) of this subsection, upon receipt of a second or subsequent notice, the department shall impose a revocation for two years or until the juvenile reaches eighteen years of age, whichever is longer.

(c) If the department receives notice of an offense committed while armed with a firearm, the driving privileges of the juvenile revoked under subsection (1) of this section shall be revoked in the following manner:

(i) Except as provided in (c)(iii) of this subsection, upon receipt of the first notice of an offense committed while armed with a firearm, the department shall impose a revocation for one year, or until the juvenile reaches seventeen years of age, whichever is longer.

(ii) Except as provided in (c)(iv) of this subsection, upon receipt of a second or subsequent notice of an offense committed while armed with a firearm, the department shall impose a revocation for two years, or until the juvenile reaches eighteen years of age, whichever is longer.

(iii) Upon receipt of a first notice of an offense committed while armed with a firearm and a first notice under subsection (1) of this section of a violation other than an offense committed while armed with a firearm, the department shall impose a revocation for one year and ninety days, or until ninety days after the date the juvenile reaches seventeen years of age, whichever is longer.

(iv) Upon receipt of a first notice of an offense committed while armed with a firearm and a second or subsequent notice under subsection (1) of this section of a violation other than an offense committed while armed with a firearm, the department shall impose a revocation for two years, or until the juvenile reaches eighteen years of age, whichever is longer.

(v) Upon receipt of second or subsequent notice of an offense committed while armed with a firearm and a first notice under subsection (1) of this section of a violation other than an offense committed while armed with a firearm, the department shall impose a revocation for two years and ninety days, or until ninety days after the date the juvenile reaches eighteen years of age, whichever is longer.

(vi) Upon receipt of a second or subsequent notice of an offense committed while armed with a firearm and a second or subsequent notice under subsection (1) of this section of a violation other than an offense committed while armed with a firearm, the department shall impose a revocation for three years, or until the juvenile reaches nineteen years of age, whichever is longer.

(3) If the department receives notice from a court that the juvenile's privilege to drive should be reinstated, the department shall immediately reinstate any driving privileges that have been revoked under this section.

(4)(a) If the department receives notice pursuant to RCW 13.40.265(2)(b) from a diversion unit that a juvenile has completed a diversion agreement for which the juvenile's driving privileges were revoked, the department shall reinstate any driving privileges revoked under this section as provided in (b) of this subsection.

(b) If the diversion agreement was for the juvenile's first violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the department shall not reinstate the juvenile's privilege to drive until the later of ninety days after the date the juvenile turns sixteen or ninety days after the juvenile entered into a diversion agreement for the offense. If the diversion agreement was for the juvenile's second or subsequent violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the department shall not reinstate the juvenile's privilege to drive until the later of the date the juvenile turns seventeen or one year after the juvenile entered into the second or subsequent diversion agreement.

Sec. 4. RCW 66.44.365 and 1989 c 271 s 118 are each amended to read as follows:

(1) If a juvenile thirteen years of age or older and under the age of eighteen is found by a court to have committed any offense that is a violation of this chapter, the court shall notify the department of licensing within twenty-four hours after entry of the judgment.

(2) Except as otherwise provided in subsections (3) and (4) of this section, upon petition of a juvenile whose privilege to drive has been revoked pursuant to RCW 46.20.265, the court may notify the department of licensing that the juvenile's privilege to drive should be reinstated.

(3) Except as otherwise provided in subsection (4) of this section, if the ((~~conviction is for~~)) offense was the juvenile's first violation of this chapter or chapter 69.41, 69.50, or 69.52 RCW, a juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the later of ninety days after the date the juvenile turns sixteen or ninety days after the judgment was entered. If the ((~~conviction~~)) offense was ((~~for~~)) the juvenile's second or subsequent violation of this chapter or chapter 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the later of the date the juvenile turns seventeen or one year after the date judgment was entered.

(4) If the offense was committed in conjunction with an offense committed by the juvenile while armed with a firearm, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive, and the privilege to drive shall be revoked for a time period established in RCW 46.20.265(2)(c) (iii) through (vi).

Sec. 5. RCW 69.41.065 and 1989 c 271 s 119 are each amended to read as follows:

(1) If a juvenile thirteen years of age or older and under the age of twenty-one is found by a court to have committed any offense that is a violation of this chapter, the court shall notify the department of licensing within twenty-four hours after entry of the judgment.

(3) Except as otherwise provided in subsection (4) of this section, if the ((~~conviction is for~~)) offense was the juvenile's first violation of this chapter or chapter 66.44, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the later of ninety days after the date the juvenile turns sixteen or ninety days after the judgment was entered. If the ((~~conviction~~)) offense was ((~~for~~)) the juvenile's second or subsequent violation of this chapter or chapter 66.44, 69.50, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the later of the date the juvenile turns seventeen or one year after the date judgment was entered.

Sec. 6. RCW 69.50.420 and 1989 c 271 s 120 are each amended to read as follows:

(2) Except as otherwise provided in subsections (3) and (4) of this section, upon petition of a juvenile whose privilege to drive has been revoked pursuant to RCW 46.20.265, the court may at any time the court deems appropriate notify the department of licensing to reinstate the juvenile's privilege to drive.

(3) Except as otherwise provided in subsection (4) of this section, if the ((~~conviction is for~~)) offense was the juvenile's first violation of this chapter or chapter 66.44, 69.41, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the later of ninety days after the date the juvenile turns sixteen or ninety days after the judgment was entered. If the ((~~conviction~~)) offense was ((~~for~~)) the juvenile's second or subsequent violation of this chapter or chapter 66.44, 69.41, or 69.52 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the later of the date the juvenile turns seventeen or one year after the date judgment was entered.

Sec. 7. RCW 69.52.070 and 1989 c 271 s 121 are each amended to read as follows:

(2) Except as otherwise provided in subsections (3) and (4) of this section, upon petition of a juvenile whose privilege to drive has been revoked pursuant to RCW 46.20.265, the court may at any time the court deems appropriate notify the department of licensing to reinstate the juvenile's privilege to drive.

(3) Except as otherwise provided in subsection (4) of this section, if the ((~~conviction is for~~)) offense was the juvenile's first violation of this chapter or chapter 66.44, 69.41, or 69.50 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the later of ninety days after the date the juvenile turns sixteen or ninety days after the judgment was entered. If the ((~~conviction~~)) offense was ((~~for~~)) the juvenile's second or subsequent violation of this chapter or chapter 66.44, 69.41, or 69.50 RCW, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until the later of the date the juvenile turns seventeen or one year after the date judgment was entered.