H-1218.1
HOUSE BILL 1821
State of Washington
65th Legislature
2017 Regular Session
By Representatives Lovick, Irwin, Stanford, Pellicciotti, Goodman, and Hayes
Read first time 01/31/17. Referred to Committee on Public Safety.
AN ACT Relating to attempting to elude a police vehicle; amending RCW 46.61.024, 13.40.0357, 46.20.342, 46.63.020, and 46.65.020; reenacting and amending RCW 9.94A.515; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1.  RCW 46.61.024 and 2010 c 8 s 9065 are each amended to read as follows:
(1) Any driver of a motor vehicle who willfully fails or refuses to immediately bring his or her vehicle to a stop and who drives his or her vehicle in a reckless manner ((while attempting)) in an attempt to elude a ((pursuing)) police vehicle, after being given a visual or audible signal to bring the vehicle to a stop, shall be guilty of a class C felony. The signal given by the police officer may be by hand, voice, emergency light, or siren. The officer giving such a signal shall be in uniform and the vehicle shall be equipped with lights and sirens.
(2) It is an affirmative defense to this section which must be established by a preponderance of the evidence that: (a) A reasonable person would not believe that the signal to stop was given by a police officer; and (b) driving after the signal to stop was reasonable under the circumstances.
(3) The license or permit to drive or any nonresident driving privilege of a person convicted of a violation of this section shall be revoked by the department of licensing.
Sec. 2.  RCW 9.94A.515 and 2016 c 213 s 5, 2016 c 164 s 13, and 2016 c 6 s 1 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(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)
 
 
 
 
 
 
Vehicular Homicide, by the operation of any vehicle in a reckless manner (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 Run—Death (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)
 
 
 
 
 
VII
Air bag diagnostic systems (causing bodily injury or death) (RCW 46.37.660(2)(b))
 
 
 
 
 
 
Air bag replacement requirements (causing bodily injury or death) (RCW 46.37.660(1)(b))
 
 
 
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))
 
 
 
 
 
 
 
 
Manufacture or import counterfeit, nonfunctional, damaged, or previously deployed air bag (causing bodily injury or death) (RCW 46.37.650(1)(b))
 
 
 
 
 
Negligently Causing Death By Use of a Signal Preemption Device (RCW 46.37.675)
 
 
 
 
 
 
 
Sale, install, (([or])) or reinstall counterfeit, nonfunctional, damaged, or previously deployed airbag (RCW 46.37.650(2)(b))
 
 
 
 
 
 
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)
 
 
 
 
Air bag diagnostic systems (RCW 46.37.660(2)(c))
 
 
 
 
 
Air bag replacement requirements (RCW 46.37.660(1)(c))
 
 
 
 
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)
 
 
 
 
 
 
 
Manufacture or import counterfeit, nonfunctional, damaged, or previously deployed air bag (RCW 46.37.650(1)(c))
 
 
 
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)
 
 
 
 
 
 
 
Sale, install, (([or])) or reinstall counterfeit, nonfunctional, damaged, or previously deployed airbag (RCW 46.37.650(2)(c))
 
 
 
 
 
 
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))
 
 
 
 
Endangerment with a Controlled Substance (RCW 9A.42.100)
 
 
 
Escape 1 (RCW 9A.76.110)
 
 
 
 
Hit and Run—Injury (RCW 46.52.020(4)(b))
 
 
 
 
 
Hit and Run with Vessel—Injury 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)
 
 
 
 
 
 
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.90.040)
 
 
 
 
Counterfeiting (RCW 9.16.035(3))
 
 
 
 
 
Electronic Data Service Interference (RCW 9A.90.060)
 
 
 
 
Electronic Data Tampering 1 (RCW 9A.90.080)
 
 
 
 
Electronic Data Theft (RCW 9A.90.100)
 
 
 
 
 
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.44.130 prior to June 10, 2010, and 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, Lease-purchased, or Loaned Property (valued at five thousand 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, Lease-purchased, or Loaned Property (valued at seven hundred fifty dollars or more but less than five thousand 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 Releasing, Planting, Possessing, or Placing 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))
 
 
 
 
Vehicle Prowl 1 (RCW 9A.52.095)
 
 
 
 
 
Violating Commercial Fishing Area or Time 1 (RCW 77.15.550(3)(b))
 
Sec. 3.  RCW 13.40.0357 and 2016 c 106 s 2 are each amended to read as follows:
 
 
DESCRIPTION AND OFFENSE CATEGORY
 
 
 
 
 
 
JUVENILE
DISPOSITION
OFFENSE
CATEGORY
DESCRIPTION (RCW CITATION)
JUVENILE DISPOSITION
CATEGORY FOR
ATTEMPT, BAILJUMP,
CONSPIRACY, OR
SOLICITATION
 
. . . . 
 
 
Arson and Malicious Mischief
 
 
 
A
Arson 1 (9A.48.020)
B+
 
 
B
Arson 2 (9A.48.030)
C
 
 
C
Reckless Burning 1 (9A.48.040)
D
 
 
D
Reckless Burning 2 (9A.48.050)
E
 
 
B
Malicious Mischief 1 (9A.48.070)
C
 
 
C
Malicious Mischief 2 (9A.48.080)
D
 
 
D
Malicious Mischief 3 (9A.48.090)
E
 
 
 
E
Tampering with Fire Alarm Apparatus (9.40.100)
E
 
 
 
 
E
Tampering with Fire Alarm Apparatus with Intent to Commit Arson (9.40.105)
E
 
 
 
A
Possession of Incendiary Device (9.40.120)
B+
 
 
 
 
Assault and Other Crimes Involving Physical Harm
 
 
 
 
A
Assault 1 (9A.36.011)
B+
 
 
 
B+
Assault 2 (9A.36.021)
C+
 
 
 
C+
Assault 3 (9A.36.031)
D+
 
 
D+
Assault 4 (9A.36.041)
E
 
 
 
B+
Drive-By Shooting (9A.36.045)
C+
 
 
 
D+
Reckless Endangerment (9A.36.050)
E
 
 
 
C+
Promoting Suicide Attempt (9A.36.060)
D+
 
 
D+
Coercion (9A.36.070)
E
 
 
 
C+
Custodial Assault (9A.36.100)
D+
 
 
 
Burglary and Trespass
 
 
 
 
B+
Burglary 1 (9A.52.020)
C+
 
 
B
Residential Burglary (9A.52.025)
C
 
 
B
Burglary 2 (9A.52.030)
C
 
 
 
D
Burglary Tools (Possession of) (9A.52.060)
E
 
 
D
Criminal Trespass 1 (9A.52.070)
E
 
 
E
Criminal Trespass 2 (9A.52.080)
E
 
 
C
Mineral Trespass (78.44.330)
C
 
 
C
Vehicle Prowling 1 (9A.52.095)
D
 
 
D
Vehicle Prowling 2 (9A.52.100)
E
 
 
 
Drugs
 
 
 
 
E
Possession/Consumption of Alcohol (66.44.270)
E
 
 
 
C
Illegally Obtaining Legend Drug (69.41.020)
D
 
 
 
 
C+
Sale, Delivery, Possession of Legend Drug with Intent to Sell (69.41.030(2)(a))
D+
 
 
 
E
Possession of Legend Drug (69.41.030(2)(b))
E
 
 
 
 
 
 
B+
Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Sale (69.50.401(2) (a) or (b))
B+
 
 
 
 
C
Violation of Uniform Controlled Substances Act - Nonnarcotic Sale (69.50.401(2)(c))
C
 
 
 
E
Possession of Marihuana <40 grams (69.50.4014)
E
 
 
 
C
Fraudulently Obtaining Controlled Substance (69.50.403)
C
 
 
 
C+
Sale of Controlled Substance for Profit (69.50.410)
C+
 
 
E
Unlawful Inhalation (9.47A.020)
E
 
 
 
 
 
 
 
B
Violation of Uniform Controlled Substances Act - Narcotic, Methamphetamine, or Flunitrazepam Counterfeit Substances (69.50.4011(2) (a) or (b))
B
 
 
 
 
 
C
Violation of Uniform Controlled Substances Act - Nonnarcotic Counterfeit Substances (69.50.4011(2) (c), (d), or (e))
C
 
 
 
 
 
C
Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.4013)
C
 
 
 
 
 
C
Violation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.4012)
C
 
 
 
Firearms and Weapons
 
 
 
B
Theft of Firearm (9A.56.300)
C
 
 
 
B
Possession of Stolen Firearm (9A.56.310)
C
 
 
 
E
Carrying Loaded Pistol Without Permit (9.41.050)
E
 
 
 
C
Possession of Firearms by Minor (<18) (9.41.040(2)(a) (iv))
C
 
 
 
D+
Possession of Dangerous Weapon (9.41.250)
E
 
 
 
D
Intimidating Another Person by use of Weapon (9.41.270)
E
 
 
 
Homicide
 
 
 
A+
Murder 1 (9A.32.030)
A
 
 
 
A+
Murder 2 (9A.32.050)
B+
 
 
 
B+
Manslaughter 1 (9A.32.060)
C+
 
 
 
C+
Manslaughter 2 (9A.32.070)
D+
 
 
 
B+
Vehicular Homicide (46.61.520)
C+
 
 
 
Kidnapping
 
 
 
 
A
Kidnap 1 (9A.40.020)
B+
 
 
 
B+
Kidnap 2 (9A.40.030)
C+
 
 
 
C+
Unlawful Imprisonment (9A.40.040)
D+
 
 
 
 
Obstructing Governmental Operation
 
 
 
 
D
Obstructing a Law Enforcement Officer (9A.76.020)
E
 
 
E
Resisting Arrest (9A.76.040)
E
 
 
 
B
Introducing Contraband 1 (9A.76.140)
C
 
 
 
C
Introducing Contraband 2 (9A.76.150)
D
 
 
 
E
Introducing Contraband 3 (9A.76.160)
E
 
 
 
B+
Intimidating a Public Servant (9A.76.180)
C+
 
 
 
B+
Intimidating a Witness (9A.72.110)
C+
 
 
 
Public Disturbance
 
 
 
 
C+
Criminal Mischief with Weapon (9A.84.010(2)(b))
D+
 
 
 
D+
Criminal Mischief Without Weapon (9A.84.010(2)(a))
E
 
 
E
Failure to Disperse (9A.84.020)
E
 
 
E
Disorderly Conduct (9A.84.030)
E
 
 
 
Sex Crimes
 
 
 
 
A
Rape 1 (9A.44.040)
B+
 
 
 
A-
Rape 2 (9A.44.050)
B+
 
 
 
C+
Rape 3 (9A.44.060)
D+
 
 
 
A-
Rape of a Child 1 (9A.44.073)
B+
 
 
 
B+
Rape of a Child 2 (9A.44.076)
C+
 
 
B
Incest 1 (9A.64.020(1))
C
 
 
C
Incest 2 (9A.64.020(2))
D
 
 
 
D+
Indecent Exposure (Victim <14) (9A.88.010)
E
 
 
 
E
Indecent Exposure (Victim 14 or over) (9A.88.010)
E
 
 
 
B+
Promoting Prostitution 1 (9A.88.070)
C+
 
 
 
C+
Promoting Prostitution 2 (9A.88.080)
D+
 
 
E
O & A (Prostitution) (9A.88.030)
E
 
 
 
B+
Indecent Liberties (9A.44.100)
C+
 
 
 
A-
Child Molestation 1 (9A.44.083)
B+
 
 
 
B
Child Molestation 2 (9A.44.086)
C+
 
 
 
C
Failure to Register as a Sex Offender (9A.44.132)
D
 
 
 
 
Theft, Robbery, Extortion, and Forgery
 
 
 
B
Theft 1 (9A.56.030)
C
 
 
C
Theft 2 (9A.56.040)
D
 
 
D
Theft 3 (9A.56.050)
E
 
 
 
B
Theft of Livestock 1 and 2 (9A.56.080 and 9A.56.083)
C
 
 
C
Forgery (9A.60.020)
D
 
 
 
A
Robbery 1 (9A.56.200)
B+
 
 
 
B+
Robbery 2 (9A.56.210)
C+
 
 
 
B+
Extortion 1 (9A.56.120)
C+
 
 
 
C+
Extortion 2 (9A.56.130)
D+
 
 
C
Identity Theft 1 (9.35.020(2))
D
 
 
D
Identity Theft 2 (9.35.020(3))
E
 
 
 
D
Improperly Obtaining Financial Information (9.35.010)
E
 
 
 
B
Possession of a Stolen Vehicle (9A.56.068)
C
 
 
 
B
Possession of Stolen Property 1 (9A.56.150)
C
 
 
 
C
Possession of Stolen Property 2 (9A.56.160)
D
 
 
 
D
Possession of Stolen Property 3 (9A.56.170)
E
 
 
 
B
Taking Motor Vehicle Without Permission 1 (9A.56.070)
C
 
 
 
C
Taking Motor Vehicle Without Permission 2 (9A.56.075)
D
 
 
 
B
Theft of a Motor Vehicle (9A.56.065)
C
 
 
 
Motor Vehicle Related Crimes
 
 
 
 
E
Driving Without a License (46.20.005)
E
 
 
 
B+
Hit and Run - Death (46.52.020(4)(a))
C+
 
 
 
C
Hit and Run - Injury (46.52.020(4)(b))
D
 
 
 
D
Hit and Run-Attended (46.52.020(5))
E
 
 
 
E
Hit and Run-Unattended (46.52.010)
E
 
 
C
Vehicular Assault (46.61.522)
D
 
 
 
C
Attempting to Elude ((Pursuing)) a Police Vehicle (46.61.024)
D
 
 
E
Reckless Driving (46.61.500)
E
 
 
 
 
D
Driving While Under the Influence (46.61.502 and 46.61.504)
E
 
 
 
B+
Felony Driving While Under the Influence (46.61.502(6))
B
 
 
 
 
B+
Felony Physical Control of a Vehicle While Under the Influence (46.61.504(6))
B
 
 
 
Other
 
 
 
B
Animal Cruelty 1 (16.52.205)
C
 
 
B
Bomb Threat (9.61.160)
C
 
 
C
Escape 11 (9A.76.110)
C
 
 
C
Escape 21 (9A.76.120)
C
 
 
D
Escape 3 (9A.76.130)
E
 
 
 
E
Obscene, Harassing, Etc., Phone Calls (9.61.230)
E
 
 
 
A
Other Offense Equivalent to an Adult Class A Felony
B+
 
 
 
B
Other Offense Equivalent to an Adult Class B Felony
C
 
 
 
C
Other Offense Equivalent to an Adult Class C Felony
D
 
 
 
D
Other Offense Equivalent to an Adult Gross Misdemeanor
E
 
 
 
E
Other Offense Equivalent to an Adult Misdemeanor
E
 
 
 
 
V
Violation of Order of Restitution, Community Supervision, or Confinement (13.40.200)2
V
1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:
1st escape or attempted escape during 12-month period - 4 weeks confinement
2nd escape or attempted escape during 12-month period - 8 weeks confinement
3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement
2If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.
JUVENILE SENTENCING STANDARDS
This schedule must be used for juvenile offenders. The court may select sentencing option A, B, C, or D.
 
 
 
 
 
OPTION A
JUVENILE OFFENDER SENTENCING GRID
STANDARD RANGE
 
 
 
A+
180 weeks to age 21 for all category A+ offenses
 
 
A
103-129 weeks for all category A offenses
 
 
 
 
A-
15-36 weeks
Except 30-40 weeks
for 15 to 17 year olds
52-65 weeks
80-100 weeks
103-129 weeks
103-129 weeks
 
 
CURRENT
B+
15-36 weeks
15-36 weeks
52-65 weeks
80-100 weeks
103-129 weeks
 
 
OFFENSE
B
LS
LS
15-36 weeks
15-36 weeks
52-65 weeks
 
 
CATEGORY
C+
LS
LS
LS
15-36 weeks
15-36 weeks
 
 
C
LS
LS
LS
LS
15-36 weeks
 
 
 
D+
LS
LS
LS
LS
LS
 
 
D
LS
LS
LS
LS
LS
 
 
E
LS
LS
LS
LS
LS
 
PRIOR
0
1
2
3
4 or more
 
ADJUDICATIONS
 
 
 
NOTE: References in the grid to days or weeks mean periods of confinement. "LS" means "local sanctions" as defined in RCW 13.40.020.
(1) The vertical axis of the grid is the current offense category. The current offense category is determined by the offense of adjudication.
(2) The horizontal axis of the grid is the number of prior adjudications included in the juvenile's criminal history. Each prior felony adjudication shall count as one point. Each prior violation, misdemeanor, and gross misdemeanor adjudication shall count as 1/4 point. Fractional points shall be rounded down.
(3) The standard range disposition for each offense is determined by the intersection of the column defined by the prior adjudications and the row defined by the current offense category.
(4) RCW 13.40.180 applies if the offender is being sentenced for more than one offense.
(5) A current offense that is a violation is equivalent to an offense category of E. However, a disposition for a violation shall not include confinement.
OR
OPTION B
SUSPENDED DISPOSITION ALTERNATIVE
(1) If the offender is subject to a standard range disposition involving confinement by the department, the court may impose the standard range and suspend the disposition on condition that the offender comply with one or more local sanctions and any educational or treatment requirement. The treatment programs provided to the offender must be either research-based best practice programs as identified by the Washington state institute for public policy or the joint legislative audit and review committee, or for chemical dependency treatment programs or services, they must be evidence-based or research-based best practice programs. For the purposes of this subsection:
(a) "Evidence-based" means a program or practice that has had multiple site random controlled trials across heterogeneous populations demonstrating that the program or practice is effective for the population; and
(b) "Research-based" means a program or practice that has some research demonstrating effectiveness, but that does not yet meet the standard of evidence-based practices.
(2) If the offender fails to comply with the suspended disposition, the court may impose sanctions pursuant to RCW 13.40.200 or may revoke the suspended disposition and order the disposition's execution.
(3) An offender is ineligible for the suspended disposition option under this section if the offender is:
(a) Adjudicated of an A+ offense;
(b) Fourteen years of age or older and is adjudicated of one or more of the following offenses:
(i) A class A offense, or an attempt, conspiracy, or solicitation to commit a class A offense;
(ii) Manslaughter in the first degree (RCW 9A.32.060); or
(iii) Assault in the second degree (RCW 9A.36.021), extortion in the first degree (RCW 9A.56.120), kidnapping in the second degree (RCW 9A.40.030), robbery in the second degree (RCW 9A.56.210), residential burglary (RCW 9A.52.025), burglary in the second degree (RCW 9A.52.030), drive-by shooting (RCW 9A.36.045), vehicular homicide (RCW 46.61.520), hit and run death (RCW 46.52.020(4)(a)), intimidating a witness (RCW 9A.72.110), violation of the uniform controlled substances act (RCW 69.50.401 (2)(a) and (b)), or manslaughter 2 (RCW 9A.32.070), when the offense includes infliction of bodily harm upon another or when during the commission or immediate withdrawal from the offense the respondent was armed with a deadly weapon;
(c) Ordered to serve a disposition for a firearm violation under RCW 13.40.193; or
(d) Adjudicated of a sex offense as defined in RCW 9.94A.030.
OR
OPTION C
CHEMICAL DEPENDENCY/MENTAL HEALTH DISPOSITION ALTERNATIVE
If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court may impose a disposition under RCW 13.40.160(4) and 13.40.165.
OR
OPTION D
MANIFEST INJUSTICE
If the court determines that a disposition under option A, B, or C would effectuate a manifest injustice, the court shall impose a disposition outside the standard range under RCW 13.40.160(2).
Sec. 4.  RCW 46.20.342 and 2015 c 149 s 1 are each amended to read as follows:
(1) It is unlawful for any person to drive a motor vehicle in this state while that person is in a suspended or revoked status or when his or her privilege to drive is suspended or revoked in this or any other state. Any person who has a valid Washington driver's license is not guilty of a violation of this section.
(a) A person found to be a habitual offender under chapter 46.65 RCW, who violates this section while an order of revocation issued under chapter 46.65 RCW prohibiting such operation is in effect, is guilty of driving while license suspended or revoked in the first degree, a gross misdemeanor. Upon the first such conviction, the person shall be punished by imprisonment for not less than ten days. Upon the second conviction, the person shall be punished by imprisonment for not less than ninety days. Upon the third or subsequent conviction, the person shall be punished by imprisonment for not less than one hundred eighty days. If the person is also convicted of the offense defined in RCW 46.61.502 or 46.61.504, when both convictions arise from the same event, the minimum sentence of confinement shall be not less than ninety days. The minimum sentence of confinement required shall not be suspended or deferred. A conviction under this subsection does not prevent a person from petitioning for reinstatement as provided by RCW 46.65.080.
(b) A person who violates this section while an order of suspension or revocation prohibiting such operation is in effect and while the person is not eligible to reinstate his or her driver's license or driving privilege, other than for a suspension for the reasons described in (c) of this subsection, is guilty of driving while license suspended or revoked in the second degree, a gross misdemeanor. For the purposes of this subsection, a person is not considered to be eligible to reinstate his or her driver's license or driving privilege if the person is eligible to obtain an ignition interlock driver's license but did not obtain such a license. This subsection applies when a person's driver's license or driving privilege has been suspended or revoked by reason of:
(i) A conviction of a felony in the commission of which a motor vehicle was used;
(ii) A previous conviction under this section;
(iii) A notice received by the department from a court or diversion unit as provided by RCW 46.20.265, relating to a minor who has committed, or who has entered a diversion unit concerning an offense relating to alcohol, legend drugs, controlled substances, or imitation controlled substances;
(iv) A conviction of RCW 46.20.410, relating to the violation of restrictions of an occupational driver's license, a temporary restricted driver's license, or an ignition interlock driver's license;
(v) A conviction of RCW 46.20.345, relating to the operation of a motor vehicle with a suspended or revoked license;
(vi) A conviction of RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle;
(vii) A conviction of RCW 46.61.024, relating to attempting to elude ((pursuing)) a police vehicle((s));
(viii) A conviction of RCW 46.61.212(4), relating to reckless endangerment of emergency zone workers;
(ix) A conviction of RCW 46.61.500, relating to reckless driving;
(x) A conviction of RCW 46.61.502 or 46.61.504, relating to a person under the influence of intoxicating liquor or drugs;
(xi) A conviction of RCW 46.61.520, relating to vehicular homicide;
(xii) A conviction of RCW 46.61.522, relating to vehicular assault;
(xiii) A conviction of RCW 46.61.527(4), relating to reckless endangerment of roadway workers;
(xiv) A conviction of RCW 46.61.530, relating to racing of vehicles on highways;
(xv) A conviction of RCW 46.61.685, relating to leaving children in an unattended vehicle with motor running;
(xvi) A conviction of RCW 46.61.740, relating to theft of motor vehicle fuel;
(xvii) A conviction of RCW 46.64.048, relating to attempting, aiding, abetting, coercing, and committing crimes;
(xviii) An administrative action taken by the department under chapter 46.20 RCW;
(xix) A conviction of a local law, ordinance, regulation, or resolution of a political subdivision of this state, the federal government, or any other state, of an offense substantially similar to a violation included in this subsection; or
(xx) A finding that a person has committed a traffic infraction under RCW 46.61.526 and suspension of driving privileges pursuant to RCW 46.61.526 (4)(b) or (7)(a)(ii).
(c) A person who violates this section when his or her driver's license or driving privilege is, at the time of the violation, suspended or revoked solely because (i) the person must furnish proof of satisfactory progress in a required alcoholism or drug treatment program, (ii) the person must furnish proof of financial responsibility for the future as provided by chapter 46.29 RCW, (iii) the person has failed to comply with the provisions of chapter 46.29 RCW relating to uninsured accidents, (iv) the person has failed to respond to a notice of traffic infraction, failed to appear at a requested hearing, violated a written promise to appear in court, or has failed to comply with the terms of a notice of traffic infraction or citation, as provided in RCW 46.20.289, (v) the person has committed an offense in another state that, if committed in this state, would not be grounds for the suspension or revocation of the person's driver's license, (vi) the person has been suspended or revoked by reason of one or more of the items listed in (b) of this subsection, but was eligible to reinstate his or her driver's license or driving privilege at the time of the violation, (vii) the person has received traffic citations or notices of traffic infraction that have resulted in a suspension under RCW 46.20.267 relating to intermediate drivers' licenses, or (viii) the person has been certified by the department of social and health services as a person who is not in compliance with a child support order as provided in RCW 74.20A.320, or any combination of (c)(i) through (viii) of this subsection, is guilty of driving while license suspended or revoked in the third degree, a misdemeanor. For the purposes of this subsection, a person is not considered to be eligible to reinstate his or her driver's license or driving privilege if the person is eligible to obtain an ignition interlock driver's license but did not obtain such a license.
(2) Upon receiving a record of conviction of any person or upon receiving an order by any juvenile court or any duly authorized court officer of the conviction of any juvenile under this section, the department shall:
(a) For a conviction of driving while suspended or revoked in the first degree, as provided by subsection (1)(a) of this section, extend the period of administrative revocation imposed under chapter 46.65 RCW for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or
(b) For a conviction of driving while suspended or revoked in the second degree, as provided by subsection (1)(b) of this section, not issue a new license or restore the driving privilege for an additional period of one year from and after the date the person would otherwise have been entitled to apply for a new license or have his or her driving privilege restored; or
(c) Not extend the period of suspension or revocation if the conviction was under subsection (1)(c) of this section. If the conviction was under subsection (1)(a) or (b) of this section and the court recommends against the extension and the convicted person has obtained a valid driver's license, the period of suspension or revocation shall not be extended.
Sec. 5.  RCW 46.63.020 and 2016 c 213 s 4 are each amended to read as follows:
Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution:
(1) RCW 46.09.457(1)(b)(i) relating to a false statement regarding the inspection of and installation of equipment on wheeled all-terrain vehicles;
(2) RCW 46.09.470(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;
(3) RCW 46.09.480 relating to operation of nonhighway vehicles;
(4) RCW 46.10.490(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit-forming drugs or in a manner endangering the person of another;
(5) RCW 46.10.495 relating to the operation of snowmobiles;
(6) Chapter 46.12 RCW relating to certificates of title, registration certificates, and markings indicating that a vehicle has been destroyed or declared a total loss;
(7) RCW 46.16A.030 and 46.16A.050(3) relating to the nonpayment of taxes and fees by failure to register a vehicle and falsifying residency when registering a motor vehicle;
(8) RCW 46.16A.520 relating to permitting unauthorized persons to drive;
(9) RCW 46.16A.320 relating to vehicle trip permits;
(10) RCW 46.19.050(1) relating to knowingly providing false information in conjunction with an application for a special placard or license plate for disabled persons' parking;
(11) RCW 46.19.050(8) relating to illegally obtaining a parking placard, special license plate, special year tab, or identification card;
(12) RCW 46.19.050(9) relating to sale of a parking placard, special license plate, special year tab, or identification card;
(13) RCW 46.20.005 relating to driving without a valid driver's license;
(14) RCW 46.20.091 relating to false statements regarding a driver's license or instruction permit;
(15) RCW 46.20.0921 relating to the unlawful possession and use of a driver's license;
(16) RCW 46.20.342 relating to driving with a suspended or revoked license or status;
(17) RCW 46.20.345 relating to the operation of a motor vehicle with a suspended or revoked license;
(18) RCW 46.20.410 relating to the violation of restrictions of an occupational driver's license, temporary restricted driver's license, or ignition interlock driver's license;
(19) RCW 46.20.740 relating to operation of a motor vehicle without an ignition interlock device in violation of a license notation that the device is required;
(20) RCW 46.20.750 relating to circumventing an ignition interlock device;
(21) RCW 46.25.170 relating to commercial driver's licenses;
(22) Chapter 46.29 RCW relating to financial responsibility;
(23) RCW 46.30.040 relating to providing false evidence of financial responsibility;
(24) RCW 46.35.030 relating to recording device information;
(25) RCW 46.37.435 relating to wrongful installation of sunscreening material;
(26) RCW 46.37.650 relating to the manufacture, importation, sale, distribution, or installation of a counterfeit air bag, nonfunctional air bag, or previously deployed or damaged air bag;
(27) RCW 46.37.660 relating to the sale or installation of a device that causes a vehicle's diagnostic system to inaccurately indicate that the vehicle has a functional air bag when a counterfeit air bag, nonfunctional air bag, or no air bag is installed;
(28) RCW 46.37.671 through 46.37.675 relating to signal preemption devices;
(29) RCW 46.37.685 relating to switching or flipping license plates, utilizing technology to flip or change the appearance of a license plate, selling a license plate flipping device or technology used to change the appearance of a license plate, or falsifying a vehicle registration;
(30) RCW 46.44.180 relating to operation of mobile home pilot vehicles;
(31) RCW 46.48.175 relating to the transportation of dangerous articles;
(32) RCW 46.52.010 relating to duty on striking an unattended car or other property;
(33) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;
(34) RCW 46.52.090 relating to reports by repairers, storage persons, and appraisers;
(35) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an insurance company, an employer, and an alcohol/drug assessment or treatment agency;
(36) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;
(37) RCW 46.55.035 relating to prohibited practices by tow truck operators;
(38) RCW 46.55.300 relating to vehicle immobilization;
(39) RCW 46.61.015 relating to obedience to police officers, flaggers, or firefighters;
(40) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;
(41) RCW 46.61.022 relating to failure to stop and give identification to an officer;
(42) RCW 46.61.024 relating to attempting to elude ((pursuing)) a police vehicle((s));
(43) RCW 46.61.212(4) relating to reckless endangerment of emergency zone workers;
(44) RCW 46.61.500 relating to reckless driving;
(45) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;
(46) RCW 46.61.503 relating to a person under age twenty-one driving a motor vehicle after consuming alcohol;
(47) RCW 46.61.520 relating to vehicular homicide by motor vehicle;
(48) RCW 46.61.522 relating to vehicular assault;
(49) RCW 46.61.5249 relating to first degree negligent driving;
(50) RCW 46.61.527(4) relating to reckless endangerment of roadway workers;
(51) RCW 46.61.530 relating to racing of vehicles on highways;
(52) RCW 46.61.655(7) (a) and (b) relating to failure to secure a load;
(53) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;
(54) RCW 46.61.740 relating to theft of motor vehicle fuel;
(55) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;
(56) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;
(57) Chapter 46.65 RCW relating to habitual traffic offenders;
(58) RCW 46.68.010 relating to false statements made to obtain a refund;
(59) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where that chapter provides for the assessment of monetary penalties of a civil nature;
(60) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;
(61) RCW 46.72A.060 relating to limousine carrier insurance;
(62) RCW 46.72A.070 relating to operation of a limousine without a vehicle certificate;
(63) RCW 46.72A.080 relating to false advertising by a limousine carrier;
(64) Chapter 46.80 RCW relating to motor vehicle wreckers;
(65) Chapter 46.82 RCW relating to driver's training schools;
(66) RCW 46.87.260 relating to alteration or forgery of a cab card, letter of authority, or other temporary authority issued under chapter 46.87 RCW;
(67) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW.
Sec. 6.  RCW 46.65.020 and 2010 c 8 s 9078 are each amended to read as follows:
As used in this chapter, unless a different meaning is plainly required by the context, an habitual offender means any person, resident or nonresident, who has accumulated convictions or findings that the person committed a traffic infraction as defined in RCW 46.20.270, or, if a minor, has violations recorded with the department of licensing, for separate and distinct offenses as described in either subsection (1) or (2) below committed within a five-year period, as evidenced by the records maintained in the department of licensing: PROVIDED, That where more than one described offense is committed within a six-hour period such multiple offenses shall, on the first such occasion, be treated as one offense for the purposes of this chapter:
(1) Three or more convictions, singularly or in combination, of the following offenses:
(a) Vehicular homicide as defined in RCW 46.61.520;
(b) Vehicular assault as defined in RCW 46.61.522;
(c) Driving or operating a motor vehicle while under the influence of intoxicants or drugs;
(d) Driving a motor vehicle while his or her license, permit, or privilege to drive has been suspended or revoked as defined in RCW 46.20.342(1)(b);
(e) Failure of the driver of any vehicle involved in an accident resulting in the injury or death of any person or damage to any vehicle which is driven or attended by any person to immediately stop such vehicle at the scene of such accident or as close thereto as possible and to forthwith return to and in every event remain at, the scene of such accident until he or she has fulfilled the requirements of RCW 46.52.020;
(f) Reckless driving as defined in RCW 46.61.500;
(g) Being in physical control of a motor vehicle while under the influence of intoxicating liquor or any drug as defined in RCW 46.61.504; or
(h) Attempting to elude a ((pursuing)) police vehicle as defined in RCW 46.61.024;
(2) Twenty or more convictions or findings that the person committed a traffic infraction for separate and distinct offenses, singularly or in combination, in the operation of a motor vehicle that are required to be reported to the department of licensing other than the offenses of driving with an expired driver's license and not having a driver's license in the operator's immediate possession. Such convictions or findings shall include those for offenses enumerated in subsection (1) of this section when taken with and added to those offenses described herein but shall not include convictions or findings for any nonmoving violation. No person may be considered an habitual offender under this subsection unless at least three convictions have occurred within the three hundred sixty-five days immediately preceding the last conviction.
The offenses included in subsections (1) and (2) of this section are deemed to include offenses under any valid town, city, or county ordinance substantially conforming to the provisions cited in subsections (1) and (2) [of this section] or amendments thereto, and any federal law, or any law of another state, including subdivisions thereof, substantially conforming to the aforesaid state statutory provisions.
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