H-2153 _______________________________________________
SUBSTITUTE HOUSE BILL NO. 163
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C 101 L 85
State of Washington 49th Legislature 1985 Regular Session
By House Committee on Social & Health Services (originally sponsored by Representatives Leonard, Allen, Walk, Brekke, Barrett, Jacobsen, Cole, R. King, Walker, Valle, Fisch, Winsley, Braddock, Kremen, Bond, Van Luven, K. Wilson, G. Nelson, Ballard, May, Holland, Hankins, Tanner, Miller, Brough, Silver, Tilly, Basich and Taylor)
Read first time 3/4/85 and passed to Committee on Rules.
AN ACT Relating to drivers' licensure; and amending RCW 46.20.031 and 46.65.060.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 4, chapter 121, Laws of 1965 ex. sess. as amended by section 1, chapter 162, Laws of 1977 ex. sess. and RCW 46.20.031 are each amended to read as follows:
The department shall not issue a driver's license hereunder:
(1) To any person who is under the age of sixteen years;
(2) To any person whose license has been suspended during such suspension, nor to any person whose license has been revoked, except as provided in RCW 46.20.311;
(3) To any person when the department has been notified by a court that such person has violated his written promise to appear in court, unless the department has received a certificate from the court in which such person promised to appear, showing that the case has been adjudicated. The deposit of bail by a person charged with a violation of any law regulating the operation of motor vehicles on highways shall be deemed an appearance in court for the purpose of this section;
(4) To any
person who (((a) is an habitual user of narcotic drugs, or is an habitual
user of any other drug to a degree which renders him incapable of safely
driving a motor vehicle; or (b) habitually lacks self-control as to the use of
alcoholic beverages, or uses alcoholic beverages to the extent that his health
is substantially impaired or endangered or his social or economic function is
disrupted so as to constitute a danger to other persons or property)) has
been evaluated by a program approved by the department of social and health
services as being an alcoholic, drug addict, alcohol abuser and/or drug abuser:
PROVIDED, That a license may be issued if the department determines that such
person ((is)) has been granted a deferred prosecution, pursuant to
chapter 10.05 RCW, or is satisfactorily participating in or has
successfully completed an ((alcoholism recovery)) alcohol or drug
abuse treatment program ((acceptable to)) approved by the
department of social and health services and has established control of
his ((alcoholic condition)) or her alcohol and/or drug abuse problem;
(5) To any person who has previously been adjudged to be mentally ill or insane, or to be incompetent due to any mental disability or disease, and who has not at the time of application been restored to competency by the methods provided by law: PROVIDED, HOWEVER, That no person so adjudged shall be denied a license for such cause if the superior court should find him able to operate a motor vehicle with safety upon the highways during such incompetency;
(6) To any person who is required by this chapter to take an examination, unless such person shall have successfully passed such examination;
(7) To any person who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited such proof;
(8) To any person when the department has good and substantial evidence to reasonably conclude that such person by reason of physical or mental disability would not be able to operate a motor vehicle with safety upon the highways; subject to review by a court of competent jurisdiction.
Sec. 2. Section 8, chapter 284, Laws of 1971 ex. sess. as last amended by section 2, chapter 188, Laws of 1981 and RCW 46.65.060 are each amended to read as follows:
If the
department finds that such person is not an habitual offender under this
chapter, the proceeding shall be dismissed, but if the department finds that
such person is an habitual offender, the department shall revoke the operator's
license for a period of five years: PROVIDED, That the department may stay the
date of the revocation if it finds that the traffic offenses upon which it is
based were caused by or are the result of ((the alcoholism of the person, as
defined in RCW 70.96A.020, as now or hereafter amended)) alcoholism and/or
drug addiction as evaluated by a program approved by the department of social
and health services, and that since his or her last offense he or she has
undertaken and followed a course of treatment for alcoholism ((on)) and/or
drug treatment in a program approved by the department of social and health
services; such stay shall be subject to terms and conditions as are deemed
reasonable by the department. Said stay shall continue as long as there is no
further conviction for any of the offenses listed in RCW 46.65.020(1). Upon a
subsequent conviction for any offense listed in RCW 46.65.020(1) or violation
of any of the terms or conditions of the original stay order, the stay shall be
removed and the department shall revoke the operator's license for a period of
five years.