AN ACT Relating to driving while intoxicated; amending RCW 46.61.515; creating a new chapter in Title 36 RCW; adding a new section to chapter 43.59 RCW; creating a new section; prescribing penalties; declaring an emergency; and providing an effective date.

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

NEW SECTION. Sec. 1. Because intoxicated drivers are far more likely to become involved in accidents than those who have not been drinking, Washington state has enacted laws intended to prevent people from driving while their ability is impaired by alcohol. The problem persists, however, and it is essential that the state take further steps to protect those who make use of the roads from the needless deaths, injuries, and property damage resulting from drunk driving.

The legislature recognizes that an effective program to prevent drunk driving must encompass five elements. First, there must exist penalties commensurate with the crime. Second, those laws must be consistently enforced. Third, the public must be educated about the crime and its penalties. Forth, local communities must develop plans for reducing the drunk driving problem in their own communities according to their unique needs. Finally, funding must be available to provide the means by which drunk driving countermeasures may be accomplished.

It is appropriate that the cost of prevention of drunk driving be borne in part by those who are directly responsible for the problem.

Thus, section 14 of this act amends RCW 46.61.515 to establish mandatory minimum financial penalties for driving while intoxicated, hereafter referred to as "DWI." Recognizing that education and enforcement of the law are largely local functions, the law also provides for the creation and funding of special STOP-DWI programs to be established throughout the state at the option of its counties and large cities. Those localities establishing STOP-DWI programs shall formulate a plan for coordinating the efforts of involved governmental units and community organizations to reduce alcohol-related or drug-related traffic accidents. These efforts may include improvements in law enforcement, adjudication, education, rehabilitation, or other related activities.

NEW SECTION. Sec. 2. Any city with a population over four hundred thousand persons or any county may establish a STOP-DWI program.

When a city or county establishes a STOP-DWI program meeting the requirements of this chapter and the program is approved by the Washington traffic safety commission, three hundred fifty dollars, less one and one-half percent of that amount for administration, of the fine collected on each DWI first offense conviction in that county, and five hundred dollars, less one and one-half percent of that amount for administration, of the fine collected on DWI second or subsequent convictions in that county shall be paid to that city or county under section 4 of this act to be used exclusively for its STOP-DWI program.

NEW SECTION. Sec. 3. (1) When a city or county establishes a STOP-DWI program it shall receive funds collected by any court, judge, magistrate, or other officer within that city or county, as appropriate, from violations of DWI offenses, as provided in section 2 of this act. Upon receipt of these moneys, the city or county shall deposit them in a separate account entitled "STOP-DWI," and they shall be under the exclusive care, custody, and control of the chief fiscal officer of each city or county participating in the program.

(2) Expenditures from the account shall be made only after approval of the city's or county's program by the Washington state traffic safety commission. The chief fiscal officer of each participating city or county shall, on a quarterly basis, forward to the commission a written certificate of moneys expended from the account.

NEW SECTION. Sec. 4. All fines collected that are eligible for STOP-DWI programs shall be paid to the state treasurer within the first ten days of the month following collection. Every such payment to the treasurer shall be accompanied by a statement in such form and detail as the treasurer provides. The treasurer shall retain one and one-half percent of all such fines for a special account of the general fund entitled the "STOP-DWI program administration fund," and shall pay the remaining funds to the city or county in which the violation occurs. The STOP-DWI program administration fund shall be used exclusively to pay for the services and expenses incurred under this chapter or section 12 of this act by the Washington traffic safety commission, the treasurer's office, and any other public agency having additional duties assigned to it under this chapter. The payments shall be payable on the audit and warrant of the state treasurer on vouchers certified or approved by the chairman of the Washington traffic safety commission or his duly designated representative in the manner provided by law.

NEW SECTION. Sec. 5. (1) When a program is established by a city or county, it shall be organized by a coordinator for the STOP-DWI program who shall be designated by the city or county legislative authority. The coordinator shall receive such salary and expenses as the city or county legislative authority may fix, shall properly account for such expenses, and shall serve at the pleasure of the city or county legislative authority.

(2) In cities or counties having a driving while intoxicated task force, the legislative body of the county may designate the coordinator as coordinator of the STOP-DWI program.

NEW SECTION. Sec. 6. (1) The program shall provide for coordination of county, city, and town efforts to reduce alcohol-related traffic injuries and fatalities.

(2) When approved by the city or county legislative authority, the program shall provide funding for such activities as the legislative authority approves for the purpose described in subsection (1) of this section. Such funding may include, but shall not be limited to, increased law enforcement, supplemental funding for adjudication (courts, prosecution, and jails), public information and education efforts, and additional rehabilitation programs.

NEW SECTION. Sec. 7. (1) The coordinator shall:

(a) Render annually or at the request of the city or county legislative authority, a verified account of all moneys received and expended by him or under his direction and an account of other pertinent matters;

(b) Submit annually or upon request of the chief fiscal officer of each city or county participating in the program, in such manner as may be required by law, an estimate of the funds required to carry out the purposes of this chapter;

(c) Make an annual report to the Washington traffic safety commission on or before the first day of April of each year following the implementation of the program, including the following:

(i) The progress, problems, and other matters related to the administration of the program; and

(ii) An assessment of the effectiveness of the program within the geographic area of the city or county participating in it and any recommendations for expanding and improving the program.

(2) The annual report shall also contain the following, in a form prescribed by the Washington traffic safety commission:

(a) The number of arrests for DWI violations;

(b) The number and description of dispositions resulting from those arrests;

(c) The number of drivers' license suspensions issued in the county for alleged refusals to submit to blood alcohol tests;

(d) The total revenues from fines returned to the participating city or county in connection with the program;

(e) Contemplated programs;

(f) Distribution of moneys in connection with program administration; and

(g) Any other information required by the commission.

NEW SECTION. Sec. 8. In addition to the duties of the coordinator as provided in section 6 of this act, the coordinator shall recruit citizen participation in the STOP-DWI program by creating a local STOP-DWI task force. The task force shall be composed of not fewer than thirteen persons, and not more than half of its members may be public officials. Representation from public offices may include law enforcement, the courts, prosecutors, rehabilitation professionals, educators, and others. Representation from the general public may include representatives of business and industry and members of the public at large.

NEW SECTION. Sec. 9. The coordinator shall provide staff for the task force and assist it in performing the following functions:

(1) Formulate a special STOP-DWI program and coordinate efforts of interested parties and agencies engaged in alcohol traffic safety, law enforcement, adjudication, rehabilitation, and preventive education;

(2) Receive proposals from county, city, or town agencies or nongovernmental groups for activities related to alcohol traffic safety and to submit them to the city's or county's legislative authority, as appropriate, together with a recommendation for funding of the activity if it is deemed appropriate;

(3) Cooperate with and assist local officials within the city or county in the formulation and execution of alcohol traffic safety programs including enforcement, adjudication, rehabilitation, and education;

(4) Study alcohol traffic safety problems within the county and to recommend to the appropriate legislative bodies, departments, or commissions such changes in rules, orders, regulations, and existing law as the coordinator may deem advisable;

(5) Promote alcohol traffic safety education for drivers;

(6) Obtain and assemble data on alcohol-related accident arrests, convictions, and accidents and analyze, study, and consolidate that data for educational, research, and informational purposes.

NEW SECTION. Sec. 10. The program, including a proposed operational budget, shall be submitted annually by each city or county task force to the city or county legislative authority for approval, which shall then submit it to the Washington traffic safety commission for approval. Before approving the program the commission shall consider the interrelationship of the program with existing drunk driving-related programs in areas including, but not limited to, law enforcement, prosecution, adjudication, and education.

NEW SECTION. Sec. 11. When a participating city or county wishes to cease its program, the coordinator shall notify the Washington traffic safety commission in writing of the date of termination, and all money remaining in the fund on that date shall be transferred to the general fund of the state treasury for use only in alcohol-related programs.

NEW SECTION. Sec. 12. There is added to chapter 43.59 RCW a new section to read as follows:

(1) The Washington traffic safety commission shall compile the reports submitted by the city or county coordinators of the STOP-DWI programs under section 7 of this act and shall issue a comprehensive annual report on such programs to the governor and to the legislature.

(2) The commission shall monitor all programs to ensure satisfactory implementation in conjunction with the established program application goals.

NEW SECTION. Sec. 13. On or before February 1, 1991, the Washington traffic safety commission shall report to the governor, the president of the senate, the speaker of the house of representatives, the chairman of the senate ways and means committee, and the chairman of the house ways and means committee an evaluation of the STOP-DWI program together with recommendations as to whether it shall continue in operation, whether it shall be changed in some manner, or whether it shall be dissolved. The Washington traffic safety commission may call upon the division of alcoholism and alcohol abuse of the department of social and health services or any other agency deemed appropriate to provide such data and data analysis as may assist in the formulation of this evaluation and these recommendations.

Sec. 14. Section 62, chapter 155, Laws of 1965 ex. sess. as last amended by section 328, chapter 258, Laws of 1984 and RCW 46.61.515 are each amended to read as follows:

(1) Every person who is convicted of a violation of RCW 46.61.502 or 46.61.504 shall be punished by imprisonment for not less than twenty-four consecutive hours nor more than one year, and by a fine of not less than three hundred fifty nor more than seven hundred fifty dollars. Three hundred fifty dollars of the fine shall not be suspended or deferred for any reason whatsoever. Twenty-four consecutive hours of the jail sentence shall not be suspended or deferred unless the judge finds that the imposition of the jail sentence will pose a risk to the defendant's physical or mental well-being. Whenever the mandatory jail sentence is suspended or deferred, the judge must state, in writing, the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. The court may impose conditions of probation that may include nonrepetition, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The convicted person shall, in addition, be required to complete a course in an alcohol information school approved by the department of social and health services or more intensive treatment in a program approved by the department of social and health services, as determined by the court. A diagnostic evaluation and treatment recommendation shall be prepared under the direction of the court by an alcoholism agency approved by the department of social and health services or a qualified probation department approved by the department of social and health services. A copy of the report shall be forwarded to the department of licensing. Based on the diagnostic evaluation, the court shall determine whether the convicted person shall be required to complete a course in an alcohol information school approved by the department of social and health services or more intensive treatment in a program approved by the department of social and health services. Standards for approval for alcohol treatment programs shall be prescribed by rule under the administrative procedure act, chapter 34.04 RCW. The courts shall periodically review the costs of alcohol information schools and treatment programs within their jurisdictions.

(2) On a second or subsequent conviction for driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs within a five-year period a person shall be punished by imprisonment for not less than seven days nor more than one year and by a fine of not less than five hundred dollars nor more than one thousand five hundred dollars. District courts and courts organized under chapter 35.20 RCW are authorized to impose such fine. Five hundred dollars of the fine shall not be suspended or deferred for any reason whatsoever. The jail sentence shall not be suspended or deferred unless the judge finds that the imposition of the jail sentence will pose a risk to the defendant's physical or mental well-being. Whenever the mandatory jail sentence is suspended or deferred, the judge must state, in writing, the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. If, at the time of a second or subsequent conviction, the driver is without a license or permit because of a previous suspension or revocation, the minimum mandatory sentence shall be ninety days in jail and a two hundred dollar fine. The penalty so imposed shall not be suspended or deferred. The person shall, in addition, be required to complete a diagnostic evaluation by an alcoholism agency approved by the department of social and health services or a qualified probation department approved by the department of social and health services. The report shall be forwarded to the department of licensing. If the person is found to have an alcohol or drug problem requiring treatment, the person shall complete treatment at an approved alcoholism treatment facility or approved drug treatment center.

In addition to any nonsuspendable and nondeferrable jail sentence required by this subsection, the court shall sentence a person to a term of imprisonment not exceeding one hundred eighty days and shall suspend but shall not defer the sentence for a period not exceeding two years. The suspension of the sentence may be conditioned upon nonrepetition, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation of a condition of suspension during the suspension period.

(3) The license or permit to drive or any nonresident privilege of any person convicted of driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs shall:

(a) On the first conviction under either offense, be suspended by the department until the person reaches age nineteen or for ninety days, whichever is longer. The department of licensing shall determine the person's eligibility for licensing based upon the reports provided by the designated alcoholism agency or probation department and shall deny reinstatement until enrollment and participation in an approved program has been established and the person is otherwise qualified;

(b) On a second conviction under either offense within a five-year period, be revoked by the department for one year. The department of licensing shall determine the person's eligibility for licensing based upon the reports provided by the designated alcoholism agency or probation department and shall deny reinstatement until satisfactory progress in an approved program has been established and the person is otherwise qualified;

(c) On a third or subsequent conviction of driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs, vehicular homicide, or vehicular assault, or any combination thereof within a five-year period, be revoked by the department for two years.

(4) In any case provided for in this section, where a driver's license is to be revoked or suspended, the revocation or suspension shall be stayed and shall not take effect until after the determination of any appeal from the conviction which may lawfully be taken, but in case the conviction is sustained on appeal the revocation or suspension takes effect as of the date that the conviction becomes effective for other purposes. (5) No court may impose a sentence of unconditional discharge for a conviction of driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs, nor may a court impose a sentence of conditional discharge unless accompanied by a sentence of the fine and imprisonment as provided by subsections (1) and (2) of this section.

NEW SECTION. Sec. 15. Sections 1 through 11 of this act shall constitute a new chapter in Title 36 RCW.

NEW SECTION. Sec. 16. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1985, and shall only apply to violations occurring on and after that date.