H-229                _______________________________________________

 

                                                     HOUSE BILL NO. 10

                        _______________________________________________

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By Representative Dellwo

 

 

Prefiled with Chief Clerk 1/7/85.  Read first time 1/14/85 and referred to Committee on Judiciary .

 

 


AN ACT Relating to drivers' licenses; and amending RCW 46.20.599.

 

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

 

        Sec. 1.  Section 2, chapter 219, Laws of 1984 and RCW 46.20.599 are each amended to read as follows:

          (1) Whenever any person is arrested for a violation of RCW  46.61.502 or 46.61.504, the arresting officer shall, at the time of arrest, confiscate the person's Washington state license or permit to drive, if any, and issue a temporary license to replace any confiscated license or permit.

          (2) Within twenty-four hours of the arrest, the arresting officer shall transmit any confiscated license or permit to the department with a report indicating the date and location of the arrest.

          (3) Any temporary license issued under this section shall be dated with the same expiration date as the confiscated license or permit.  A temporary license shall be valid only until the sooner of:

          (a) Its expiration date; or

          (b) The suspension, revocation, or denial by judicial or administrative action for any reason of the license, permit, or privilege to drive of the person holding the temporary license.

          (4) The department shall return, replace, or authorize renewal of any confiscated license or permit that has not been suspended or revoked for any reason upon notification:

          (a) By the law enforcement agency that made the arrest that a charge has not been filed for the offense for which the license or permit was confiscated;

          (b) By the prosecuting authority of the jurisdiction in which the offense occurred that the charge has been dropped or changed to other than one for which confiscation is required under this section; or

          (c) By the court in which the case has been or was to be heard that prosecution on the charge has been deferred, that the charge has been dismissed, or that the person charged has been found not guilty of the charge; or

          (d)  By a court that the person has been convicted of the offense for which the license or permit was confiscated, but the suspension or revocation of the license or permit has been stayed pending appeal of the conviction.

          (5) If a temporary license issued under this section expires before the department receives notification under subsection (4) of this section, the department shall authorize the driver to seek renewal of the license.  If the driver is qualified for renewal, the department shall issue a new temporary license with the same expiration date as the driver would have received had his or her license or permit not been confiscated.

          (6) Upon receipt of a returned or replaced confiscated license from the department, the driver shall return any temporary license in his or her possession or shall sign an affidavit that the temporary license has been lost, stolen, or destroyed.

          (7) No temporary license issued under this section is valid to any greater degree than the confiscated license or permit that it replaces.

          (8) The department shall provide courts and law enforcement agencies with the appropriate temporary license and notice forms for use under this section.

          (9) This section shall expire on December 31, 1985.