S-2259.1
SECOND SUBSTITUTE SENATE BILL 5105
State of Washington
64th Legislature
2015 Regular Session
By Senate Ways & Means (originally sponsored by Senators Padden, Frockt, O'Ban, Fain, Fraser, Pearson, Roach, and Darneille)
READ FIRST TIME 02/27/15.
AN ACT Relating to making a fourth driving under the influence offense a felony; amending RCW 46.61.502, 46.61.504, 46.61.5055, and 46.61.5054; reenacting and amending RCW 9.94A.515; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.  RCW 46.61.502 and 2013 c 3 s 33 (Initiative Measure No. 502) are each amended to read as follows:
(1) A person is guilty of driving while under the influence of intoxicating liquor, marijuana, or any drug if the person drives a vehicle within this state:
(a) And the person has, within two hours after driving, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or
(b) The person has, within two hours after driving, a THC concentration of 5.00 or higher as shown by analysis of the person's blood made under RCW 46.61.506; or
(c) While the person is under the influence of or affected by intoxicating liquor, marijuana, or any drug; or
(d) While the person is under the combined influence of or affected by intoxicating liquor, marijuana, and any drug.
(2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against a charge of violating this section.
(3)(a) It is an affirmative defense to a violation of subsection (1)(a) of this section, which the defendant must prove by a preponderance of the evidence, that the defendant consumed a sufficient quantity of alcohol after the time of driving and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.08 or more within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(b) It is an affirmative defense to a violation of subsection (1)(b) of this section, which the defendant must prove by a preponderance of the evidence, that the defendant consumed a sufficient quantity of marijuana after the time of driving and before the administration of an analysis of the person's blood to cause the defendant's THC concentration to be 5.00 or more within two hours after driving. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(4)(a) Analyses of blood or breath samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had an alcohol concentration of 0.08 or more in violation of subsection (1)(a) of this section, and in any case in which the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsection (1)(c) or (d) of this section.
(b) Analyses of blood samples obtained more than two hours after the alleged driving may be used as evidence that within two hours of the alleged driving, a person had a THC concentration of 5.00 or more in violation of subsection (1)(b) of this section, and in any case in which the analysis shows a THC concentration above 0.00 may be used as evidence that a person was under the influence of or affected by marijuana in violation of subsection (1)(c) or (d) of this section.
(5) Except as provided in subsection (6) of this section, a violation of this section is a gross misdemeanor.
(6) It is a class C felony punishable under chapter 9.94A RCW, or chapter 13.40 RCW if the person is a juvenile, if:
(a) The person has ((four)) three or more prior offenses within ten years as defined in RCW 46.61.5055; or
(b) The person has ever previously been convicted of:
(i) Vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a);
(ii) Vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b);
(iii) An out-of-state offense comparable to the offense specified in (b)(i) or (ii) of this subsection; or
(iv) A violation of this subsection (6) or RCW 46.61.504(6).
Sec. 2.  RCW 46.61.504 and 2013 c 3 s 35 (Initiative Measure No. 502) are each amended to read as follows:
(1) A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if the person has actual physical control of a vehicle within this state:
(a) And the person has, within two hours after being in actual physical control of the vehicle, an alcohol concentration of 0.08 or higher as shown by analysis of the person's breath or blood made under RCW 46.61.506; or
(b) The person has, within two hours after being in actual physical control of a vehicle, a THC concentration of 5.00 or higher as shown by analysis of the person's blood made under RCW 46.61.506; or
(c) While the person is under the influence of or affected by intoxicating liquor or any drug; or
(d) While the person is under the combined influence of or affected by intoxicating liquor and any drug.
(2) The fact that a person charged with a violation of this section is or has been entitled to use a drug under the laws of this state does not constitute a defense against any charge of violating this section. No person may be convicted under this section if, prior to being pursued by a law enforcement officer, the person has moved the vehicle safely off the roadway.
(3)(a) It is an affirmative defense to a violation of subsection (1)(a) of this section which the defendant must prove by a preponderance of the evidence that the defendant consumed a sufficient quantity of alcohol after the time of being in actual physical control of the vehicle and before the administration of an analysis of the person's breath or blood to cause the defendant's alcohol concentration to be 0.08 or more within two hours after being in such control. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(b) It is an affirmative defense to a violation of subsection (1)(b) of this section, which the defendant must prove by a preponderance of the evidence, that the defendant consumed a sufficient quantity of marijuana after the time of being in actual physical control of the vehicle and before the administration of an analysis of the person's blood to cause the defendant's THC concentration to be 5.00 or more within two hours after being in control of the vehicle. The court shall not admit evidence of this defense unless the defendant notifies the prosecution prior to the omnibus or pretrial hearing in the case of the defendant's intent to assert the affirmative defense.
(4)(a) Analyses of blood or breath samples obtained more than two hours after the alleged being in actual physical control of a vehicle may be used as evidence that within two hours of the alleged being in such control, a person had an alcohol concentration of 0.08 or more in violation of subsection (1)(a) of this section, and in any case in which the analysis shows an alcohol concentration above 0.00 may be used as evidence that a person was under the influence of or affected by intoxicating liquor or any drug in violation of subsection (1)(c) or (d) of this section.
(b) Analyses of blood samples obtained more than two hours after the alleged being in actual physical control of a vehicle may be used as evidence that within two hours of the alleged being in control of the vehicle, a person had a THC concentration of 5.00 or more in violation of subsection (1)(b) of this section, and in any case in which the analysis shows a THC concentration above 0.00 may be used as evidence that a person was under the influence of or affected by marijuana in violation of subsection (1)(c) or (d) of this section.
(5) Except as provided in subsection (6) of this section, a violation of this section is a gross misdemeanor.
(6) It is a class C felony punishable under chapter 9.94A RCW, or chapter 13.40 RCW if the person is a juvenile, if:
(a) The person has ((four)) three or more prior offenses within ten years as defined in RCW 46.61.5055; or
(b) The person has ever previously been convicted of:
(i) Vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a);
(ii) Vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b);
(iii) An out-of-state offense comparable to the offense specified in (b)(i) or (ii) of this subsection; or
(iv) A violation of this subsection (6) or RCW 46.61.502(6).
Sec. 3.  RCW 46.61.5055 and 2014 c 100 s 1 are each amended to read as follows:
(1) No prior offenses in seven years. Except as provided in RCW 46.61.502(6) or 46.61.504(6), a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has no prior offense within seven years shall be punished as follows:
(a) Penalty for alcohol concentration less than 0.15. In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than one day nor more than three hundred sixty-four days. Twenty-four consecutive hours of the imprisonment may not be suspended unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended, the court shall state in writing the reason for granting the suspension and the facts upon which the suspension is based. In lieu of the mandatory minimum term of imprisonment required under this subsection (1)(a)(i), the court may order not less than fifteen days of electronic home monitoring. The offender shall pay the cost of electronic home monitoring. The county or municipality in which the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device or other separate alcohol monitoring device to include an alcohol detection breathalyzer, and the court may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring; and
(ii) By a fine of not less than three hundred fifty dollars nor more than five thousand dollars. Three hundred fifty dollars of the fine may not be suspended unless the court finds the offender to be indigent; or
(b) Penalty for alcohol concentration at least 0.15. In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than two days nor more than three hundred sixty-four days. Forty-eight consecutive hours of the imprisonment may not be suspended unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended, the court shall state in writing the reason for granting the suspension and the facts upon which the suspension is based. In lieu of the mandatory minimum term of imprisonment required under this subsection (1)(b)(i), the court may order not less than thirty days of electronic home monitoring. The offender shall pay the cost of electronic home monitoring. The county or municipality in which the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device to include an alcohol detection breathalyzer or other separate alcohol monitoring device, and the court may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring; and
(ii) By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended unless the court finds the offender to be indigent.
(2) One prior offense in seven years. Except as provided in RCW 46.61.502(6) or 46.61.504(6), a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has one prior offense within seven years shall be punished as follows:
(a) Penalty for alcohol concentration less than 0.15. In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than thirty days nor more than three hundred sixty-four days and sixty days of electronic home monitoring. In lieu of the mandatory minimum term of sixty days electronic home monitoring, the court may order at least an additional four days in jail or, if available in that county or city, a six-month period of 24/7 sobriety program monitoring pursuant to RCW 36.28A.300 through 36.28A.390, and the court shall order an expanded alcohol assessment and treatment, if deemed appropriate by the assessment. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer or other separate alcohol monitoring device, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. Thirty days of imprisonment and sixty days of electronic home monitoring may not be suspended unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended, the court shall state in writing the reason for granting the suspension and the facts upon which the suspension is based; and
(ii) By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended unless the court finds the offender to be indigent; or
(b) Penalty for alcohol concentration at least 0.15. In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than forty-five days nor more than three hundred sixty-four days and ninety days of electronic home monitoring. In lieu of the mandatory minimum term of ninety days electronic home monitoring, the court may order at least an additional six days in jail or, if available in that county or city, a six-month period of 24/7 sobriety program monitoring pursuant to RCW 36.28A.300 through 36.28A.390, and the court shall order an expanded alcohol assessment and treatment, if deemed appropriate by the assessment. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer or other separate alcohol monitoring device, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. Forty-five days of imprisonment and ninety days of electronic home monitoring may not be suspended unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended, the court shall state in writing the reason for granting the suspension and the facts upon which the suspension is based; and
(ii) By a fine of not less than seven hundred fifty dollars nor more than five thousand dollars. Seven hundred fifty dollars of the fine may not be suspended unless the court finds the offender to be indigent.
(3) Two ((or three)) prior offenses in seven years. Except as provided in RCW 46.61.502(6) or 46.61.504(6), a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has two ((or three)) prior offenses within seven years shall be punished as follows:
(a) Penalty for alcohol concentration less than 0.15. In the case of a person whose alcohol concentration was less than 0.15, or for whom for reasons other than the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than ninety days nor more than three hundred sixty-four days, if available in that county or city, a six-month period of 24/7 sobriety program monitoring pursuant to RCW 36.28A.300 through 36.28A.390, and one hundred twenty days of electronic home monitoring. In lieu of the mandatory minimum term of one hundred twenty days of electronic home monitoring, the court may order at least an additional eight days in jail. The court shall order an expanded alcohol assessment and treatment, if deemed appropriate by the assessment. The offender shall pay for the cost of the electronic monitoring. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer or other separate alcohol monitoring device, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. Ninety days of imprisonment and one hundred twenty days of electronic home monitoring may not be suspended unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended, the court shall state in writing the reason for granting the suspension and the facts upon which the suspension is based; and
(ii) By a fine of not less than one thousand dollars nor more than five thousand dollars. One thousand dollars of the fine may not be suspended unless the court finds the offender to be indigent; or
(b) Penalty for alcohol concentration at least 0.15. In the case of a person whose alcohol concentration was at least 0.15, or for whom by reason of the person's refusal to take a test offered pursuant to RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) By imprisonment for not less than one hundred twenty days nor more than three hundred sixty-four days, if available in that county or city, a six-month period of 24/7 sobriety program monitoring pursuant to RCW 36.28A.300 through 36.28A.390, and one hundred fifty days of electronic home monitoring. In lieu of the mandatory minimum term of one hundred fifty days of electronic home monitoring, the court may order at least an additional ten days in jail. The offender shall pay for the cost of the electronic monitoring. The court shall order an expanded alcohol assessment and treatment, if deemed appropriate by the assessment. The county or municipality where the penalty is being imposed shall determine the cost. The court may also require the offender's electronic home monitoring device include an alcohol detection breathalyzer or other separate alcohol monitoring device, and may restrict the amount of alcohol the offender may consume during the time the offender is on electronic home monitoring. One hundred twenty days of imprisonment and one hundred fifty days of electronic home monitoring may not be suspended unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended, the court shall state in writing the reason for granting the suspension and the facts upon which the suspension is based; and
(ii) By a fine of not less than one thousand five hundred dollars nor more than five thousand dollars. One thousand five hundred dollars of the fine may not be suspended unless the court finds the offender to be indigent.
(4) ((Four)) Three or more prior offenses in ten years. A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 shall be punished under chapter 9.94A RCW if:
(a) The person has ((four)) three or more prior offenses within ten years; or
(b) The person has ever previously been convicted of:
(i) A violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug;
(ii) A violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug;
(iii) An out-of-state offense comparable to the offense specified in (b)(i) or (ii) of this subsection; or
(iv) A violation of RCW 46.61.502(6) or 46.61.504(6).
(5) Monitoring.
(a) Ignition interlock device. The court shall require any person convicted of a violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance to comply with the rules and requirements of the department regarding the installation and use of a functioning ignition interlock device installed on all motor vehicles operated by the person.
(b) Monitoring devices. If the court orders that a person refrain from consuming any alcohol, the court may order the person to submit to alcohol monitoring through an alcohol detection breathalyzer device, transdermal sensor device, or other technology designed to detect alcohol in a person's system. The person shall pay for the cost of the monitoring, unless the court specifies that the cost of monitoring will be paid with funds that are available from an alternative source identified by the court. The county or municipality where the penalty is being imposed shall determine the cost.
(c) Ignition interlock device substituted for 24/7 sobriety program monitoring. In any county or city where a 24/7 sobriety program is available and verified by the Washington association of sheriffs and police chiefs, the court shall:
(i) Order the person to install and use a functioning ignition interlock or other device in lieu of such period of 24/7 sobriety program monitoring;
(ii) Order the person to a period of 24/7 sobriety program monitoring pursuant to subsections (1) through (3) of this section; or
(iii) Order the person to install and use a functioning ignition interlock or other device in addition to a period of 24/7 sobriety program monitoring pursuant to subsections (1) through (3) of this section.
(6) Penalty for having a minor passenger in vehicle. If a person who is convicted of a violation of RCW 46.61.502 or 46.61.504 committed the offense while a passenger under the age of sixteen was in the vehicle, the court shall:
(a) Order the use of an ignition interlock or other device for an additional six months;
(b) In any case in which the person has no prior offenses within seven years, and except as provided in RCW 46.61.502(6) or 46.61.504(6), order an additional twenty-four hours of imprisonment and a fine of not less than one thousand dollars and not more than five thousand dollars. One thousand dollars of the fine may not be suspended unless the court finds the offender to be indigent;
(c) In any case in which the person has one prior offense within seven years, and except as provided in RCW 46.61.502(6) or 46.61.504(6), order an additional five days of imprisonment and a fine of not less than two thousand dollars and not more than five thousand dollars. One thousand dollars of the fine may not be suspended unless the court finds the offender to be indigent;
(d) In any case in which the person has two ((or three)) prior offenses within seven years, and except as provided in RCW 46.61.502(6) or 46.61.504(6), order an additional ten days of imprisonment and a fine of not less than three thousand dollars and not more than ten thousand dollars. One thousand dollars of the fine may not be suspended unless the court finds the offender to be indigent.
(7) Other items courts must consider while setting penalties. In exercising its discretion in setting penalties within the limits allowed by this section, the court shall particularly consider the following:
(a) Whether the person's driving at the time of the offense was responsible for injury or damage to another or another's property;
(b) Whether at the time of the offense the person was driving or in physical control of a vehicle with one or more passengers;
(c) Whether the driver was driving in the opposite direction of the normal flow of traffic on a multiple lane highway, as defined by RCW 46.04.350, with a posted speed limit of forty-five miles per hour or greater; and
(d) Whether a child passenger under the age of sixteen was an occupant in the driver's vehicle.
(8) Treatment and information school. An offender punishable under this section is subject to the alcohol assessment and treatment provisions of RCW 46.61.5056.
(9) Driver's license privileges of the defendant. The license, permit, or nonresident privilege of a person convicted of driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs must:
(a) Penalty for alcohol concentration less than 0.15. If the person's alcohol concentration was less than 0.15, or if for reasons other than the person's refusal to take a test offered under RCW 46.20.308 there is no test result indicating the person's alcohol concentration:
(i) Where there has been no prior offense within seven years, be suspended or denied by the department for ninety days;
(ii) Where there has been one prior offense within seven years, be revoked or denied by the department for two years; or
(iii) Where there have been two or more prior offenses within seven years, be revoked or denied by the department for three years;
(b) Penalty for alcohol concentration at least 0.15. If the person's alcohol concentration was at least 0.15:
(i) Where there has been no prior offense within seven years, be revoked or denied by the department for one year;
(ii) Where there has been one prior offense within seven years, be revoked or denied by the department for nine hundred days; or
(iii) Where there have been two or more prior offenses within seven years, be revoked or denied by the department for four years; or
(c) Penalty for refusing to take test. If by reason of the person's refusal to take a test offered under RCW 46.20.308, there is no test result indicating the person's alcohol concentration:
(i) Where there have been no prior offenses within seven years, be revoked or denied by the department for two years;
(ii) Where there has been one prior offense within seven years, be revoked or denied by the department for three years; or
(iii) Where there have been two or more previous offenses within seven years, be revoked or denied by the department for four years.
The department shall grant credit on a day-for-day basis for any portion of a suspension, revocation, or denial already served under this subsection for a suspension, revocation, or denial imposed under RCW 46.20.3101 arising out of the same incident.
Upon its own motion or upon motion by a person, a court may find, on the record, that notice to the department under RCW 46.20.270 has been delayed for three years or more as a result of a clerical or court error. If so, the court may order that the person's license, permit, or nonresident privilege shall not be revoked, suspended, or denied for that offense. The court shall send notice of the finding and order to the department and to the person. Upon receipt of the notice from the court, the department shall not revoke, suspend, or deny the license, permit, or nonresident privilege of the person for that offense.
For purposes of this subsection (9), the department shall refer to the driver's record maintained under RCW 46.52.120 when determining the existence of prior offenses.
(10) Probation of driving privilege. After expiration of any period of suspension, revocation, or denial of the offender's license, permit, or privilege to drive required by this section, the department shall place the offender's driving privilege in probationary status pursuant to RCW 46.20.355.
(11) Conditions of probation. (a) In addition to any nonsuspendable and nondeferrable jail sentence required by this section, whenever the court imposes up to three hundred sixty-four days in jail, the court shall also suspend but shall not defer a period of confinement for a period not exceeding five years. The court shall impose conditions of probation that include: (i) Not driving a motor vehicle within this state without a valid license to drive and proof of liability insurance or other financial responsibility for the future pursuant to RCW 46.30.020; (ii) not driving or being in physical control of a motor vehicle within this state while having an alcohol concentration of 0.08 or more or a THC concentration of 5.00 nanograms per milliliter of whole blood or higher, within two hours after driving; and (iii) not refusing to submit to a test of his or her breath or blood to determine alcohol or drug concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drug. The court may impose conditions of probation that include nonrepetition, installation of an ignition interlock device on the probationer's motor vehicle, 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 probation during the suspension period.
(b) For each violation of mandatory conditions of probation under (a)(i), (ii), or (iii) of this subsection, the court shall order the convicted person to be confined for thirty days, which shall not be suspended or deferred.
(c) For each incident involving a violation of a mandatory condition of probation imposed under this subsection, the license, permit, or privilege to drive of the person shall be suspended by the court for thirty days or, if such license, permit, or privilege to drive already is suspended, revoked, or denied at the time the finding of probation violation is made, the suspension, revocation, or denial then in effect shall be extended by thirty days. The court shall notify the department of any suspension, revocation, or denial or any extension of a suspension, revocation, or denial imposed under this subsection.
(12) Waiver of electronic home monitoring. A court may waive the electronic home monitoring requirements of this chapter when:
(a) The offender does not have a dwelling, telephone service, or any other necessity to operate an electronic home monitoring system. However, if a court determines that an alcohol monitoring device utilizing wireless reporting technology is reasonably available, the court may require the person to obtain such a device during the period of required electronic home monitoring;
(b) The offender does not reside in the state of Washington; or
(c) The court determines that there is reason to believe that the offender would violate the conditions of the electronic home monitoring penalty.
Whenever the mandatory minimum term of electronic home monitoring is waived, the court shall state in writing the reason for granting the waiver and the facts upon which the waiver is based, and shall impose an alternative sentence with similar punitive consequences. The alternative sentence may include, but is not limited to, use of an ignition interlock device, the 24/7 sobriety program monitoring, additional jail time, work crew, or work camp.
Whenever the combination of jail time and electronic home monitoring or alternative sentence would exceed three hundred sixty-four days, the offender shall serve the jail portion of the sentence first, and the electronic home monitoring or alternative portion of the sentence shall be reduced so that the combination does not exceed three hundred sixty-four days.
(13) Extraordinary medical placement. An offender serving a sentence under this section, whether or not a mandatory minimum term has expired, may be granted an extraordinary medical placement by the jail administrator subject to the standards and limitations set forth in RCW 9.94A.728(3).
(14) Definitions. For purposes of this section and RCW 46.61.502 and 46.61.504:
(a) A "prior offense" means any of the following:
(i) A conviction for a violation of RCW 46.61.502 or an equivalent local ordinance;
(ii) A conviction for a violation of RCW 46.61.504 or an equivalent local ordinance;
(iii) A conviction for a violation of RCW 46.25.110 or an equivalent local ordinance;
(iv) A conviction for a violation of RCW 79A.60.040 or an equivalent local ordinance;
(v) A conviction for a violation of RCW 47.68.220 or an equivalent local ordinance;
(vi) A conviction for a violation of RCW 46.09.470(2) or an equivalent local ordinance;
(vii) A conviction for a violation of RCW 46.10.490(2) or an equivalent local ordinance;
(viii) A conviction for a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug, or a conviction for a violation of RCW 46.61.520 committed in a reckless manner or with the disregard for the safety of others if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug;
(ix) A conviction for a violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug, or a conviction for a violation of RCW 46.61.522 committed in a reckless manner or with the disregard for the safety of others if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug;
(x) A conviction for a violation of RCW 46.61.5249, 46.61.500, or 9A.36.050 or an equivalent local ordinance, if the conviction is the result of a charge that was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522;
(xi) An out-of-state conviction for a violation that would have been a violation of (a)(i), (ii), (viii), (ix), or (x) of this subsection if committed in this state;
(xii) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61.502, 46.61.504, or an equivalent local ordinance;
(xiii) A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61.5249, or an equivalent local ordinance, if the charge under which the deferred prosecution was granted was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522;
(xiv) A deferred prosecution granted in another state for a violation of driving or having physical control of a vehicle while under the influence of intoxicating liquor or any drug if the out-of-state deferred prosecution is equivalent to the deferred prosecution under chapter 10.05 RCW, including a requirement that the defendant participate in a chemical dependency treatment program; or
(xv) A deferred sentence imposed in a prosecution for a violation of RCW 46.61.5249, 46.61.500, or 9A.36.050, or an equivalent local ordinance, if the charge under which the deferred sentence was imposed was originally filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or a violation of RCW 46.61.520 or 46.61.522;
If a deferred prosecution is revoked based on a subsequent conviction for an offense listed in this subsection (14)(a), the subsequent conviction shall not be treated as a prior offense of the revoked deferred prosecution for the purposes of sentencing;
(b) "Treatment" means alcohol or drug treatment approved by the department of social and health services;
(c) "Within seven years" means that the arrest for a prior offense occurred within seven years before or after the arrest for the current offense; and
(d) "Within ten years" means that the arrest for a prior offense occurred within ten years before or after the arrest for the current offense.
Sec. 4.  RCW 9.94A.515 and 2013 c 322 s 26, 2013 c 290 s 8, 2013 c 267 s 2, and 2013 c 153 s 2 are each reenacted and amended to read as follows:
 
 
TABLE 2
 
 
 
 
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
 
 
 
XVI
Aggravated Murder 1 (RCW 10.95.020)
 
 
 
XV
Homicide by abuse (RCW 9A.32.055)
 
 
 
 
Malicious explosion 1 (RCW 70.74.280(1))
 
 
 
Murder 1 (RCW 9A.32.030)
 
 
XIV
Murder 2 (RCW 9A.32.050)
 
 
 
 
Trafficking 1 (RCW 9A.40.100(1))
 
 
 
XIII
Malicious explosion 2 (RCW 70.74.280(2))
 
 
 
 
 
Malicious placement of an explosive 1 (RCW 70.74.270(1))
 
 
XII
Assault 1 (RCW 9A.36.011)
 
 
 
 
Assault of a Child 1 (RCW 9A.36.120)
 
 
 
 
 
Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))
 
 
 
 
 
Promoting Commercial Sexual Abuse of a Minor (RCW 9.68A.101)
 
 
 
Rape 1 (RCW 9A.44.040)
 
 
 
 
Rape of a Child 1 (RCW 9A.44.073)
 
 
 
 
Trafficking 2 (RCW 9A.40.100(((2))) (3))
 
 
 
XI
Manslaughter 1 (RCW 9A.32.060)
 
 
 
Rape 2 (RCW 9A.44.050)
 
 
 
 
Rape of a Child 2 (RCW 9A.44.076)
 
 
 
 
 
 
Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)
 
 
 
X
Child Molestation 1 (RCW 9A.44.083)
 
 
 
 
Criminal Mistreatment 1 (RCW 9A.42.020)
 
 
 
 
 
Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))
 
 
 
Kidnapping 1 (RCW 9A.40.020)
 
 
 
 
Leading Organized Crime (RCW 9A.82.060(1)(a))
 
 
 
 
Malicious explosion 3 (RCW 70.74.280(3))
 
 
 
 
Sexually Violent Predator Escape (RCW 9A.76.115)
 
 
 
IX
Abandonment of Dependent Person 1 (RCW 9A.42.060)
 
 
 
 
Assault of a Child 2 (RCW 9A.36.130)
 
 
 
 
Explosive devices prohibited (RCW 70.74.180)
 
 
 
 
Hit and RunDeath (RCW 46.52.020(4)(a))
 
 
 
 
 
 
 
Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 79A.60.050)
 
 
 
 
Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))
 
 
 
 
 
Malicious placement of an explosive 2 (RCW 70.74.270(2))
 
 
 
Robbery 1 (RCW 9A.56.200)
 
 
 
 
Sexual Exploitation (RCW 9.68A.040)
 
 
VIII
Arson 1 (RCW 9A.48.020)
 
 
 
 
Commercial Sexual Abuse of a Minor (RCW 9.68A.100)
 
 
 
 
 
 
Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050)
 
 
 
 
Manslaughter 2 (RCW 9A.32.070)
 
 
 
 
Promoting Prostitution 1 (RCW 9A.88.070)
 
 
 
 
Theft of Ammonia (RCW 69.55.010)
 
 
 
 
 
 
Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)
 
 
VII
Burglary 1 (RCW 9A.52.020)
 
 
 
 
Child Molestation 2 (RCW 9A.44.086)
 
 
 
 
Civil Disorder Training (RCW 9A.48.120)
 
 
 
 
 
 
Dealing in depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.050(1))
 
 
 
 
Drive-by Shooting (RCW 9A.36.045)
 
 
 
 
 
Homicide by Watercraft, by disregard for the safety of others (RCW 79A.60.050)
 
 
 
 
 
Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))
 
 
 
 
Introducing Contraband 1 (RCW 9A.76.140)
 
 
 
 
 
Malicious placement of an explosive 3 (RCW 70.74.270(3))
 
 
 
 
 
Negligently Causing Death By Use of a Signal Preemption Device (RCW 46.37.675)
 
 
 
 
 
 
 
Sending, bringing into state depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.060(1))
 
 
 
 
 
Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1))
 
 
 
 
 
Use of a Machine Gun in Commission of a Felony (RCW 9.41.225)
 
 
 
 
 
Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)
 
 
 
VI
Bail Jumping with Murder 1 (RCW 9A.76.170(3)(a))
 
 
 
Bribery (RCW 9A.68.010)
 
 
 
Incest 1 (RCW 9A.64.020(1))
 
 
 
 
Intimidating a Judge (RCW 9A.72.160)
 
 
 
 
 
Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)
 
 
 
 
 
Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))
 
 
 
 
 
 
Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.070(1))
 
 
 
 
Rape of a Child 3 (RCW 9A.44.079)
 
 
 
 
Theft of a Firearm (RCW 9A.56.300)
 
 
 
 
Unlawful Storage of Ammonia (RCW 69.55.020)
 
 
 
V
Abandonment of Dependent Person 2 (RCW 9A.42.070)
 
 
 
 
 
Advancing money or property for extortionate extension of credit (RCW 9A.82.030)
 
 
 
 
 
Bail Jumping with class A Felony (RCW 9A.76.170(3)(b))
 
 
 
 
Child Molestation 3 (RCW 9A.44.089)
 
 
 
 
Criminal Mistreatment 2 (RCW 9A.42.030)
 
 
 
 
Custodial Sexual Misconduct 1 (RCW 9A.44.160)
 
 
 
 
 
 
Dealing in Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.050(2))
 
 
 
 
 
 
 
 
Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145)
 
 
 
 
 
((Driving While Under the Influence (RCW 46.61.502(6))))
 
 
 
Extortion 1 (RCW 9A.56.120)
 
 
 
 
Extortionate Extension of Credit (RCW 9A.82.020)
 
 
 
 
 
Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)
 
 
 
Incest 2 (RCW 9A.64.020(2))
 
 
 
Kidnapping 2 (RCW 9A.40.030)
 
 
 
Perjury 1 (RCW 9A.72.020)
 
 
 
 
Persistent prison misbehavior (RCW 9.94.070)
 
 
 
 
 
((Physical Control of a Vehicle While Under the Influence (RCW 46.61.504(6))))
 
 
 
 
Possession of a Stolen Firearm (RCW 9A.56.310)
 
 
 
Rape 3 (RCW 9A.44.060)
 
 
 
 
Rendering Criminal Assistance 1 (RCW 9A.76.070)
 
 
 
 
 
 
 
Sending, Bringing into State Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.060(2))
 
 
 
 
Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
 
 
 
 
 
Sexually Violating Human Remains (RCW 9A.44.105)
 
 
 
Stalking (RCW 9A.46.110)
 
 
 
 
 
Taking Motor Vehicle Without Permission 1 (RCW 9A.56.070)
 
 
IV
Arson 2 (RCW 9A.48.030)
 
 
 
Assault 2 (RCW 9A.36.021)
 
 
 
 
 
 
Assault 3 (of a Peace Officer with a Projectile Stun Gun) (RCW 9A.36.031(1)(h))
 
 
 
 
Assault by Watercraft (RCW 79A.60.060)
 
 
 
 
 
 
Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)
 
 
 
Cheating 1 (RCW 9.46.1961)
 
 
 
 
Commercial Bribery (RCW 9A.68.060)
 
 
 
 
Counterfeiting (RCW 9.16.035(4))
 
 
 
 
 
Driving While Under the Influence (RCW 46.61.502(6))
 
 
 
 
Endangerment with a Controlled Substance (RCW 9A.42.100)
 
 
 
Escape 1 (RCW 9A.76.110)
 
 
 
 
Hit and RunInjury (RCW 46.52.020(4)(b))
 
 
 
 
 
Hit and Run with VesselInjury Accident (RCW 79A.60.200(3))
 
 
 
 
Identity Theft 1 (RCW 9.35.020(2))
 
 
 
 
 
 
Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010)
 
 
 
 
 
Influencing Outcome of Sporting Event (RCW 9A.82.070)
 
 
 
 
Malicious Harassment (RCW 9A.36.080)
 
 
 
 
 
Physical Control of a Vehicle While Under the Influence (RCW 46.61.504(6))
 
 
 
 
 
 
Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.070(2))
 
 
 
 
Residential Burglary (RCW 9A.52.025)
 
 
 
Robbery 2 (RCW 9A.56.210)
 
 
 
 
Theft of Livestock 1 (RCW 9A.56.080)
 
 
 
 
Threats to Bomb (RCW 9.61.160)
 
 
 
 
Trafficking in Stolen Property 1 (RCW 9A.82.050)
 
 
 
 
 
 
Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(b))
 
 
 
 
 
 
Unlawful transaction of health coverage as a health care service contractor (RCW 48.44.016(3))
 
 
 
 
 
 
Unlawful transaction of health coverage as a health maintenance organization (RCW 48.46.033(3))
 
 
 
 
 
Unlawful transaction of insurance business (RCW 48.15.023(3))
 
 
 
 
 
Unlicensed practice as an insurance professional (RCW 48.17.063(2))
 
 
 
 
 
Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))
 
 
 
 
 
Vehicle Prowling 2 (third or subsequent offense) (RCW 9A.52.100(3))
 
 
 
 
 
 
 
 
 
Vehicular Assault, by being under the influence of intoxicating liquor or any drug, or by the operation or driving of a vehicle in a reckless manner (RCW 46.61.522)
 
 
 
 
 
 
Viewing of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.075(1))
 
 
 
 
Willful Failure to Return from Furlough (RCW 72.66.060)
 
 
 
 
III
Animal Cruelty 1 (Sexual Conduct or Contact) (RCW 16.52.205(3))
 
 
 
 
 
 
 
Assault 3 (Except Assault 3 of a Peace Officer With a Projectile Stun Gun) (RCW 9A.36.031 except subsection (1)(h))
 
 
 
 
Assault of a Child 3 (RCW 9A.36.140)
 
 
 
 
 
Bail Jumping with class B or C Felony (RCW 9A.76.170(3)(c))
 
 
 
Burglary 2 (RCW 9A.52.030)
 
 
 
 
 
Communication with a Minor for Immoral Purposes (RCW 9.68A.090)
 
 
 
 
Criminal Gang Intimidation (RCW 9A.46.120)
 
 
 
 
Custodial Assault (RCW 9A.36.100)
 
 
 
 
 
Cyberstalking (subsequent conviction or threat of death) (RCW 9.61.260(3))
 
 
 
Escape 2 (RCW 9A.76.120)
 
 
 
Extortion 2 (RCW 9A.56.130)
 
 
 
Harassment (RCW 9A.46.020)
 
 
 
 
Intimidating a Public Servant (RCW 9A.76.180)
 
 
 
 
Introducing Contraband 2 (RCW 9A.76.150)
 
 
 
 
Malicious Injury to Railroad Property (RCW 81.60.070)
 
 
 
 
Mortgage Fraud (RCW 19.144.080)
 
 
 
 
 
 
Negligently Causing Substantial Bodily Harm By Use of a Signal Preemption Device (RCW 46.37.674)
 
 
 
 
Organized Retail Theft 1 (RCW 9A.56.350(2))
 
 
 
Perjury 2 (RCW 9A.72.030)
 
 
 
 
Possession of Incendiary Device (RCW 9.40.120)
 
 
 
 
 
Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.41.190)
 
 
 
 
Promoting Prostitution 2 (RCW 9A.88.080)
 
 
 
 
 
Retail Theft with Special Circumstances 1 (RCW 9A.56.360(2))
 
 
 
 
Securities Act violation (RCW 21.20.400)
 
 
 
 
Tampering with a Witness (RCW 9A.72.120)
 
 
 
 
 
 
Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230(2))
 
 
 
 
Theft of Livestock 2 (RCW 9A.56.083)
 
 
 
 
Theft with the Intent to Resell 1 (RCW 9A.56.340(2))
 
 
 
 
Trafficking in Stolen Property 2 (RCW 9A.82.055)
 
 
 
 
Unlawful Hunting of Big Game 1 (RCW 77.15.410(3)(b))
 
 
 
 
Unlawful Imprisonment (RCW 9A.40.040)
 
 
 
 
 
Unlawful Misbranding of Food Fish or Shellfish 1 (RCW 69.04.938(3))
 
 
 
 
 
Unlawful possession of firearm in the second degree (RCW 9.41.040(2))
 
 
 
 
 
Unlawful Taking of Endangered Fish or Wildlife 1 (RCW 77.15.120(3)(b))
 
 
 
 
 
Unlawful Trafficking in Fish, Shellfish, or Wildlife 1 (RCW 77.15.260(3)(b))
 
 
 
 
 
Unlawful Use of a Nondesignated Vessel (RCW 77.15.530(4))
 
 
 
 
 
 
 
Vehicular Assault, by the operation or driving of a vehicle with disregard for the safety of others (RCW 46.61.522)
 
 
 
 
 
Willful Failure to Return from Work Release (RCW 72.65.070)
 
 
 
 
II
Commercial Fishing Without a License 1 (RCW 77.15.500(3)(b))
 
 
 
 
Computer Trespass 1 (RCW 9A.52.110)
 
 
 
 
Counterfeiting (RCW 9.16.035(3))
 
 
 
 
 
Engaging in Fish Dealing Activity Unlicensed 1 (RCW 77.15.620(3))
 
 
 
 
Escape from Community Custody (RCW 72.09.310)
 
 
 
 
 
 
Failure to Register as a Sex Offender (second or subsequent offense) (RCW 9A.44.132)
 
 
 
 
Health Care False Claims (RCW 48.80.030)
 
 
 
 
Identity Theft 2 (RCW 9.35.020(3))
 
 
 
 
Improperly Obtaining Financial Information (RCW 9.35.010)
 
 
 
 
Malicious Mischief 1 (RCW 9A.48.070)
 
 
 
 
Organized Retail Theft 2 (RCW 9A.56.350(3))
 
 
 
 
Possession of Stolen Property 1 (RCW 9A.56.150)
 
 
 
 
Possession of a Stolen Vehicle (RCW 9A.56.068)
 
 
 
 
 
Retail Theft with Special Circumstances 2 (RCW 9A.56.360(3))
 
 
 
 
 
 
Scrap Processing, Recycling, or Supplying Without a License (second or subsequent offense) (RCW 19.290.100)
 
 
 
Theft 1 (RCW 9A.56.030)
 
 
 
 
Theft of a Motor Vehicle (RCW 9A.56.065)
 
 
 
 
 
 
 
 
Theft of Rental, Leased, or Lease-purchased Property (valued at one thousand five hundred dollars or more) (RCW 9A.56.096(5)(a))
 
 
 
 
Theft with the Intent to Resell 2 (RCW 9A.56.340(3))
 
 
 
 
Trafficking in Insurance Claims (RCW 48.30A.015)
 
 
 
 
 
 
Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(a))
 
 
 
 
 
Unlawful Participation of Non-Indians in Indian Fishery (RCW 77.15.570(2))
 
 
 
 
Unlawful Practice of Law (RCW 2.48.180)
 
 
 
 
 
Unlawful Purchase or Use of a License (RCW 77.15.650(3)(b))
 
 
 
 
 
Unlawful Trafficking in Fish, Shellfish, or Wildlife 2 (RCW 77.15.260(3)(a))
 
 
 
 
 
Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))
 
 
 
Voyeurism (RCW 9A.44.115)
 
 
 
 
I
Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)
 
 
 
 
False Verification for Welfare (RCW 74.08.055)
 
 
 
Forgery (RCW 9A.60.020)
 
 
 
 
 
 
Fraudulent Creation or Revocation of a Mental Health Advance Directive (RCW 9A.60.060)
 
 
 
 
Malicious Mischief 2 (RCW 9A.48.080)
 
 
 
 
Mineral Trespass (RCW 78.44.330)
 
 
 
 
Possession of Stolen Property 2 (RCW 9A.56.160)
 
 
 
 
Reckless Burning 1 (RCW 9A.48.040)
 
 
 
 
Spotlighting Big Game 1 (RCW 77.15.450(3)(b))
 
 
 
 
 
Suspension of Department Privileges 1 (RCW 77.15.670(3)(b))
 
 
 
 
 
Taking Motor Vehicle Without Permission 2 (RCW 9A.56.075)
 
 
 
Theft 2 (RCW 9A.56.040)
 
 
 
 
 
 
 
 
 
Theft of Rental, Leased, or Lease-purchased Property (valued at two hundred fifty dollars or more but less than one thousand five hundred dollars) (RCW 9A.56.096(5)(b))
 
 
 
 
 
 
Transaction of insurance business beyond the scope of licensure (RCW 48.17.063)
 
 
 
 
 
Unlawful Fish and Shellfish Catch Accounting (RCW 77.15.630(3)(b))
 
 
 
 
Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)
 
 
 
 
 
Unlawful Possession of Fictitious Identification (RCW 9A.56.320)
 
 
 
 
 
Unlawful Possession of Instruments of Financial Fraud (RCW 9A.56.320)
 
 
 
 
 
Unlawful Possession of Payment Instruments (RCW 9A.56.320)
 
 
 
 
 
Unlawful Possession of a Personal Identification Device (RCW 9A.56.320)
 
 
 
 
 
Unlawful Production of Payment Instruments (RCW 9A.56.320)
 
 
 
 
 
((Unlawful Release of Deleterious Exotic Wildlife (RCW 77.15.250(2)(b))))
 
 
 
 
Unlawful Trafficking in Food Stamps (RCW 9.91.142)
 
 
 
 
Unlawful Use of Food Stamps (RCW 9.91.144)
 
 
 
 
 
Unlawful Use of Net to Take Fish 1 (RCW 77.15.580(3)(b))
 
 
 
 
 
Unlawful Use of Prohibited Aquatic Animal Species (RCW 77.15.253(3))
 
 
 
 
 
 
Unlawfully Releasing, Planting, Possessing, or Placing Deleterious Exotic Wildlife (RCW 77.15.250(2)(b))
 
 
 
 
Vehicle Prowl 1 (RCW 9A.52.095)
 
 
 
 
 
Violating Commercial Fishing Area or Time 1 (RCW 77.15.550(3)(b))
 
Sec. 5.  RCW 46.61.5054 and 2011 c 293 s 12 are each amended to read as follows:
(1)(a) In addition to penalties set forth in RCW 46.61.5051 through 46.61.5053 until September 1, 1995, and RCW 46.61.5055 thereafter, a two hundred fifty dollar fee shall be assessed to a person who is either convicted, sentenced to a lesser charge, or given deferred prosecution, as a result of an arrest for violating RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522. This fee is for the purpose of funding the Washington state toxicology laboratory and the Washington state patrol for grants and activities to increase the conviction rate and decrease the incidence of persons driving under the influence of alcohol or drugs.
(b) Upon a verified petition by the person assessed the fee, the court may suspend payment of all or part of the fee if it finds that the person does not have the ability to pay.
(c) When a minor has been adjudicated a juvenile offender for an offense which, if committed by an adult, would constitute a violation of RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522, the court shall assess the two hundred fifty dollar fee under (a) of this subsection. Upon a verified petition by a minor assessed the fee, the court may suspend payment of all or part of the fee if it finds that the minor does not have the ability to pay the fee.
(2) The fee assessed under subsection (1) of this section shall be collected by the clerk of the court and, subject to subsection (((4))) (5) of this section, one hundred seventy-five dollars of the fee must be distributed as follows:
(a) Forty percent shall be subject to distribution under RCW 3.46.120, 3.50.100, 35.20.220, 3.62.020, 3.62.040, or 10.82.070.
(b) The remainder of the fee shall be forwarded to the state treasurer who shall, through June 30, 1997, deposit: Fifty percent in the death investigations' account to be used solely for funding the state toxicology laboratory blood or breath testing programs; and fifty percent in the state patrol highway account to be used solely for funding activities to increase the conviction rate and decrease the incidence of persons driving under the influence of alcohol or drugs. Effective July 1, 1997, the remainder of the fee shall be forwarded to the state treasurer who shall deposit: Fifteen percent in the death investigations' account to be used solely for funding the state toxicology laboratory blood or breath testing programs; and eighty-five percent in the state patrol highway account to be used solely for funding activities to increase the conviction rate and decrease the incidence of persons driving under the influence of alcohol or drugs.
(3) Twenty-five dollars of the fee assessed under subsection (1) of this section must be distributed to the highway safety ((account [fund])) fund to be used solely for funding Washington traffic safety commission grants to reduce statewide collisions caused by persons driving under the influence of alcohol or drugs. Grants awarded under this subsection may be for projects that encourage collaboration with other community, governmental, and private organizations, and that utilize innovative approaches based on best practices or proven strategies supported by research or rigorous evaluation. Grants recipients may include, for example:
(a) DUI courts; and
(b) Jurisdictions implementing the victim impact panel registries under RCW 46.61.5152 and 10.01.230.
(4) Fifty dollars of the fee assessed under subsection (1) of this section must be distributed to the highway safety fund to be used solely for funding Washington traffic safety commission grants to organizations within counties targeted for programs to reduce driving under the influence of alcohol or drugs.
(5) If the court has suspended payment of part of the fee pursuant to subsection (1)(b) or (c) of this section, amounts collected shall be distributed proportionately.
(((5))) (6) This section applies to any offense committed on or after July 1, 1993.
--- END ---