AN ACT Relating to driving while intoxicated; amending RCW 46.61.515; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35A.21 RCW; adding a new section to chapter 36.16 RCW; adding a new section to chapter 51.12 RCW; and prescribing penalties.

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

Sec. 1. 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 more than seven hundred fifty dollars. Twenty-four consecutive hours of the jail sentence shall not be suspended or deferred unless the judge (a) finds that the imposition of the jail sentence will pose a risk to the defendant's physical or mental well-being or (b) as an alternative, sentences the defendant to perform forty-eight hours of community service. 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~~)) shall 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 more than one thousand five hundred dollars. District courts and courts organized under chapter 35.20 RCW are authorized to impose such fine. 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.

NEW SECTION. Sec. 2. A new section is added to chapter 35.21 RCW to read as follows:

(1) The legislative authority of a city or town may purchase liability insurance in an amount it deems reasonable to protect the municipality, its officers, and employees against liability for the wrongful acts of an adult offender or injury or damage incurred by an adult offender in the course of community service done pursuant to a court order entered under RCW 46.61.515(1)(b) following a first conviction of driving while intoxicated, and may elect to treat adult offenders as employees or workers for all purposes relating to medical aid benefits under chapter 51.36 RCW.

(2) Adults performing community services pursuant to a court order entered under RCW 46.61.515(1)(b) following a first conviction of driving while intoxicated may be deemed employees or workers for all purposes relating to medical aid benefits under chapter 51.36 RCW at the option of the city or town under whose authorization the services are performed. Any premiums or assessments due under Title 51 RCW for community services work shall be the obligation of and be paid for by the city or town in which the adult performed the community services. Coverage under this subsection commences when a city or town has given notice to the director of labor and industries that it wishes to cover adults performing community services before the occurrence of an injury or contraction of an occupational disease.

NEW SECTION. Sec. 3. A new section is added to chapter 35A.21 RCW to read as follows:

(1) The legislative authority of a city may purchase liability insurance in an amount it deems reasonable to protect the municipality, its officers, and employees against liability for the wrongful acts of an adult offender or injury or damage incurred by an adult offender in the course of community service done pursuant to a court order entered under RCW 46.61.515(1)(b) following a first conviction of driving while intoxicated, and may elect to treat adult offenders as employees or workers for all purposes relating to medical aid benefits under chapter 51.36 RCW.

(2) Adults performing community services pursuant to a court order entered under RCW 46.61.515(1)(b) following a first conviction of driving while intoxicated may be deemed employees or workers for all purposes relating to medical aid benefits under chapter 51.36 RCW at the option of the city under whose authorization the services are performed. Any premiums or assessments due under Title 51 RCW for community services work shall be the obligation of and be paid for by the city in which the adult performed the community services. Coverage under this subsection commences when a city has given notice to the director of labor and industries that it wishes to cover adults performing community services before the occurrence of an injury or contraction of an occupational disease.

NEW SECTION. Sec. 4. A new section is added to chapter 36.16 RCW to read as follows:

(1) The legislative authority of a county may purchase liability insurance in an amount it deems reasonable to protect the county, its officers, and employees against liability for the wrongful acts of an adult offender or injury or damage incurred by an adult offender in the course of community service done pursuant to a court order entered under RCW 46.61.515(1)(b) following a first conviction for driving while intoxicated, and may elect to treat adult offenders as employees or workers for all purposes relating to medical aid benefits under chapter 51.36 RCW.

(2) Adults performing community services pursuant to a court order entered under RCW 46.61.515(1)(b) following a first conviction of driving while intoxicated may be deemed employees or workers for all purposes relating to medical aid benefits under chapter 51.36 RCW at the option of the county under whose authorization the services are performed. Any premiums or assessments due under Title 51 RCW for community services work shall be the obligation of and be paid for by the county in which the adult performed the community services. Coverage under this subsection commences when a county has given notice to the director of labor and industries that it wishes to cover adults performing community services before the occurrence of an injury or contraction of an occupational disease.

NEW SECTION. Sec. 5. A new section is added to chapter 51.12 RCW to read as follows:

Adults performing community services pursuant to a court order entered under RCW 46.61.515(1)(b) following a first conviction of driving while intoxicated may be deemed employees or workers for all purposes relating to medical aid benefits under chapter 51.36 RCW at the option of the city or town or county under whose authorization the services are performed. Any premiums or assessments due under this title for community services work shall be the obligation of and be paid for by the city or town or county in which the adult performed the community services. Coverage under this section commences when a city or town or county has given notice to the director of labor and industries that it wishes to cover adults performing community services before the occurrence of an injury or contraction of an occupational disease.