5226-S AMS CLEV S1603.2
SSB 5226 - S AMD 249
By Senator Cleveland
WITHDRAWN 03/08/2021
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 46.63.060 and 2013 c 170 s 1 are each amended to read as follows:
(1) A notice of traffic infraction represents a determination that an infraction has been committed. The determination will be final unless contested as provided in this chapter.
(2) The form for the notice of traffic infraction shall be prescribed by rule of the supreme court and shall include the following:
(a) A statement that the notice represents a determination that a traffic infraction has been committed by the person named in the notice and that the determination shall be final unless contested as provided in this chapter;
(b) A statement that a traffic infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction; that the penalty for a traffic infraction may include sanctions against the person's driver's license including suspension, revocation, or denial; that the penalty for a traffic infraction related to standing, stopping, or parking may include nonrenewal of the vehicle registration;
(c) A statement of the specific traffic infraction for which the notice was issued;
(d) A statement of the monetary penalty established for the traffic infraction;
(e)(i) A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options;
(ii) One of the options must allow a person to admit responsibility for the infraction and attest that the person does not have the current ability to pay the infraction in full. The person must receive information on how to submit evidence of inability to pay or obtain a payment plan pursuant to RCW 46.63.110(6);
(f) A statement that at any hearing to contest the determination the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed; and that the person may subpoena witnesses including the officer who issued the notice of infraction;
(g) A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the infraction the person will be deemed to have committed the infraction and may not subpoena witnesses; and
(h) A statement that the person must respond to the notice as provided in this chapter within ((fifteen))30 days or the person's driver's license or driving privilege may be suspended by the department until any penalties imposed pursuant to this chapter have been satisfied; and
(i) A statement that failure to appear at a hearing requested for the purpose of contesting the determination or for the purpose of explaining mitigating circumstances may result in the suspension of the person's driver's license or driving privilege, or in the case of a standing, stopping, or parking violation, refusal of the department to renew the vehicle registration, until any penalties imposed pursuant to this chapter have been satisfied.
(3)(((a))) A form for a notice of traffic infraction printed after ((July 22, 2011))June 1, 2022, must include ((a statement that the person may be able to enter into a payment plan with the court under RCW 46.63.110.
(b) The forms for a notice of traffic infraction must include)) the changes in subsection (2)(e)(ii) of this section ((1, chapter 170, Laws of 2013 by July 1, 2015)).
Sec. 2. RCW 46.63.070 and 2011 c 372 s 3 are each amended to read as follows:
(1) Any person who receives a notice of traffic infraction shall respond to such notice as provided in this section within ((fifteen))30 days of the date of the notice.
(2) If the person determined to have committed the infraction does not contest the determination the person shall respond by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the court specified on the notice. A check or money order in the amount of the penalty prescribed for the infraction must be submitted with the response, unless the person selects the option attesting that the person does not have the current ability to pay the infraction in full. When a response which does not contest the determination is received, an appropriate order shall be entered in the court's records, and a record of the response and order shall be furnished to the department in accordance with RCW 46.20.270.
(3) If the person determined to have committed the infraction wishes to contest the determination the person shall respond by completing the portion of the notice of infraction requesting a hearing and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be sooner than seven days from the date of the notice, except by agreement.
(4) If the person determined to have committed the infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction the person shall respond by completing the portion of the notice of infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing.
(5)(a) Except as provided in (b), (c), and (d) of this subsection, in hearings conducted pursuant to subsections (3) and (4) of this section, the court may defer findings, or in a hearing to explain mitigating circumstances may defer entry of its order, for up to one year and impose conditions upon the defendant the court deems appropriate. Upon deferring findings, the court may assess costs as the court deems appropriate for administrative processing. If at the end of the deferral period the defendant has met all conditions and has not been determined to have committed another traffic infraction, the court may dismiss the infraction.
(b) A person may not receive more than one deferral within a seven-year period for traffic infractions for moving violations and more than one deferral within a seven-year period for traffic infractions for nonmoving violations.
(c) A person who is the holder of a commercial driver's license or who was operating a commercial motor vehicle at the time of the violation may not receive a deferral under this section.
(d) A person who commits negligent driving in the second degree with a vulnerable user victim may not receive a deferral for this infraction under this section.
(6) If any person issued a notice of traffic infraction:
(a) Fails to respond to the notice of traffic infraction as provided in subsection (2) of this section; or
(b) Fails to appear at a hearing requested pursuant to subsection (3) or (4) of this section;
the court shall enter an appropriate order assessing the monetary penalty prescribed for the traffic infraction and any other penalty authorized by this chapter and shall notify the department in accordance with RCW 46.20.270, of the failure to respond to the notice of infraction or to appear at a requested hearing.
Sec. 3. RCW 46.63.110 and 2019 c 467 s 4, 2019 c 403 s 13, 2019 c 181 s 1, and 2019 c 65 s 7 are each reenacted and amended to read as follows:
(1)(a) A person found to have committed a traffic infraction shall be assessed a monetary penalty. No penalty may exceed two hundred and fifty dollars for each offense unless authorized by this chapter or title.
(b) The court may waive or remit any monetary penalty, fee, cost, assessment, or other monetary obligation associated with a traffic infraction unless the specific monetary obligation in question is prohibited from being waived or remitted by state law.
(2) The monetary penalty for a violation of (a) RCW 46.55.105(2) is two hundred fifty dollars for each offense; (b) RCW 46.61.210(1) is five hundred dollars for each offense. No penalty assessed under this subsection (2) may be reduced.
(3) The supreme court shall prescribe by rule a schedule of monetary penalties for designated traffic infractions. This rule shall also specify the conditions under which local courts may exercise discretion in assessing fines and penalties for traffic infractions. The legislature respectfully requests the supreme court to adjust this schedule every two years for inflation.
(4) There shall be a penalty of twenty-five dollars for failure to respond to a notice of traffic infraction except where the infraction relates to parking as defined by local law, ordinance, regulation, or resolution or failure to pay a monetary penalty imposed pursuant to this chapter. A local legislative body may set a monetary penalty not to exceed twenty-five dollars for failure to respond to a notice of traffic infraction relating to parking as defined by local law, ordinance, regulation, or resolution. The local court, whether a municipal, police, or district court, shall impose the monetary penalty set by the local legislative body.
(5) Monetary penalties provided for in chapter 46.70 RCW which are civil in nature and penalties which may be assessed for violations of chapter 46.44 RCW relating to size, weight, and load of motor vehicles are not subject to the limitation on the amount of monetary penalties which may be imposed pursuant to this chapter.
(6) Whenever a monetary penalty, fee, cost, assessment, or other monetary obligation is imposed by a court under this chapter, it is immediately payable and is enforceable as a civil judgment under Title 6 RCW. If the court determines, in its discretion, that a person is not able to pay a monetary obligation in full, and not more than one year has passed since the later of July 1, 2005, or the date the monetary obligation initially became due and payable, the court shall enter into a payment plan with the person, unless the person has previously been granted a payment plan with respect to the same monetary obligation, or unless the person is in noncompliance of any existing or prior payment plan, in which case the court may, at its discretion, implement a payment plan. If the court has notified the department that the person has failed to pay or comply and the person has subsequently entered into a payment plan and made an initial payment, the court shall notify the department that the infraction has been adjudicated, and the department shall rescind any suspension of the person's driver's license or driver's privilege based on failure to respond to that infraction. "Payment plan," as used in this section, means a plan that requires reasonable payments based on the financial ability of the person to pay. The person may voluntarily pay an amount at any time in addition to the payments required under the payment plan.
(a) If a payment required to be made under the payment plan is delinquent or the person fails to complete a community restitution program on or before the time established under the payment plan, unless the court determines good cause therefor and adjusts the payment plan or the community restitution plan accordingly, the court may refer the unpaid monetary penalty, fee, cost, assessment, or other monetary obligation for civil enforcement until all monetary obligations, including those imposed under subsections (3) and (4) of this section, have been paid, and court authorized community restitution has been completed, or until the court has entered into a new time payment or community restitution agreement with the person. For those infractions subject to suspension under RCW 46.20.289, the court shall notify the department of the person's failure to meet the conditions of the plan, and the department shall suspend the person's driver's license or driving privileges when the requirements listed for suspension in RCW 46.20.289 are met.
(b) If a person has not entered into a payment plan with the court and has not paid the monetary obligation in full on or before the time established for payment, the court may refer the unpaid monetary penalty, fee, cost, assessment, or other monetary obligation to a collections agency until all monetary obligations have been paid, including those imposed under subsections (3) and (4) of this section, or until the person has entered into a payment plan under this section. For those infractions subject to suspension under RCW 46.20.289, the court shall notify the department of the person's delinquency, and the department shall suspend the person's driver's license or driving privileges when the requirements listed for suspension in RCW 46.20.289 are met.
(c) If the payment plan is to be administered by the court, the court may assess the person a reasonable administrative fee to be wholly retained by the city or county with jurisdiction. The administrative fee shall not exceed ten dollars per infraction or twenty-five dollars per payment plan, whichever is less.
(d) Nothing in this section precludes a court from contracting with outside entities to administer its payment plan system. When outside entities are used for the administration of a payment plan, the court may assess the person a reasonable fee for such administrative services, which fee may be calculated on a periodic, percentage, or other basis.
(e) If a court authorized community restitution program for offenders is available in the jurisdiction, the court may allow conversion of all or part of the monetary obligations due under this section to court authorized community restitution in lieu of time payments if the person is unable to make reasonable time payments.
(7) In addition to any other penalties imposed under this section and not subject to the limitation of subsection (1) of this section, a person found to have committed a traffic infraction shall be assessed:
(a) A fee of five dollars per infraction. Under no circumstances shall this fee be reduced or waived. Revenue from this fee shall be forwarded to the state treasurer for deposit in the emergency medical services and trauma care system trust account under RCW 70.168.040;
(b) A fee of ten dollars per infraction. Under no circumstances shall this fee be reduced or waived. Revenue from this fee shall be forwarded to the state treasurer for deposit in the Washington auto theft prevention authority account; and
(c) A fee of five dollars per infraction. Under no circumstances shall this fee be reduced or waived. Revenue from this fee shall be forwarded to the state treasurer for deposit in the traumatic brain injury account established in RCW 74.31.060.
(8)(a) In addition to any other penalties imposed under this section and not subject to the limitation of subsection (1) of this section, a person found to have committed a traffic infraction other than of RCW 46.61.527 or 46.61.212 shall be assessed an additional penalty of ((twenty dollars))$24. The court may not reduce, waive, or suspend the additional penalty unless the court finds the offender to be indigent. If a court authorized community restitution program for offenders is available in the jurisdiction, the court shall allow offenders to offset all or a part of the penalty due under this subsection (8) by participation in the court authorized community restitution program.
(b) ((Eight dollars and fifty cents))$12.50 of the additional penalty under (a) of this subsection shall be remitted to the state treasurer. The remaining revenue from the additional penalty must be remitted under chapters 2.08, 3.46, 3.50, 3.62, 10.82, and 35.20 RCW. Money remitted under this subsection to the state treasurer must be deposited as follows: $8.50 in the state general fund and $4 in the driver licensing technology support account created under section 13 of this act. The moneys deposited into the driver licensing technology support account must be used to support information technology systems used by the department to communicate with the judicial information system, manage driving records, and implement court orders. The balance of the revenue received by the county or city treasurer under this subsection must be deposited into the county or city current expense fund. Moneys retained by the city or county under this subsection shall constitute reimbursement for any liabilities under RCW 43.135.060.
(9) If a legal proceeding, such as garnishment, has commenced to collect any delinquent amount owed by the person for any penalty imposed by the court under this section, the court may, at its discretion, enter into a payment plan.
(10) The monetary penalty for violating RCW 46.37.395 is: (a) Two hundred fifty dollars for the first violation; (b) five hundred dollars for the second violation; and (c) seven hundred fifty dollars for each violation thereafter.
(11) The additional monetary penalty for a violation of RCW 46.20.500 is not subject to assessments or fees provided under this section.
(12) The additional monetary fine for a violation of RCW 46.61.110, 46.61.145, 46.61.180, 46.61.185, 46.61.190, and 46.61.205 is not subject to assessments or fees provided under this section.
(13) The additional monetary penalties for a violation of RCW 46.61.165 are not subject to assessments or fees provided under this section.
Sec. 4. RCW 46.20.245 and 2020 c 330 s 5 are each amended to read as follows:
(1) Whenever the department proposes to withhold the driving privilege of a person or disqualify a person from operating a commercial motor vehicle and this action is made mandatory by the provisions of this chapter or other law, the department must give notice to the person in writing by posting in the United States mail, appropriately addressed, postage prepaid, or by personal service. Notice by mail is given upon deposit in the United States mail. Notice given under this subsection must specify the date upon which the driving privilege is to be withheld which shall not be less than ((forty-five))90 days after the original notice is given. Notice by mail must also include the following:
(a) An advisory that, where suspension is due to the failure to reply, appear, pay, or otherwise comply regarding traffic infractions or criminal moving violations, the person can contact the court with jurisdiction over the civil infractions or criminal moving violations for available payment options, including a payment plan or community service opportunities; and
(b) The department website address required under RCW 46.63.110.
(2) For persons subject to suspension, revocation, or denial of a driver's license who are eligible for full credit under RCW 46.61.5055(9)(b)(ii), the notice in subsection (1) of this section must also notify the person of the obligation to complete the requirements under RCW 46.20.311 and pay the probationary license fee under RCW 46.20.355 by the date specified in the notice in order to avoid license suspension.
(3) Within ((fifteen))30 days after notice has been given to a person under subsection (1) of this section, the person may request in writing an administrative review before the department. If the request is mailed, it must be postmarked within ((fifteen))30 days after the date the department has given notice. If a person fails to request an administrative review within ((fifteen))30 days after the date the department gives notice, the person is considered to have defaulted and loses his or her right to an administrative review unless the department finds good cause for a request after the ((fifteen-day))30-day period.
(a) An administrative review under this subsection shall consist solely of an internal review of documents and records submitted or available to the department, unless the person requests an interview before the department, in which case all or any part of the administrative review may, at the discretion of the department, be conducted by telephone or other electronic means.
(b) The only issues to be addressed in the administrative review are:
(i) Whether the records relied on by the department identify the correct person; and
(ii) Whether the information transmitted from the court or other reporting agency or entity regarding the person accurately describes the action taken by the court or other reporting agency or entity.
(c) For the purposes of this section, the notice received from a court or other reporting agency or entity, regardless of form or format, is prima facie evidence that the information from the court or other reporting agency or entity regarding the person is accurate. A person requesting administrative review has the burden of showing by a preponderance of the evidence that the person is not subject to the withholding of the driving privilege.
(d) The action subject to the notification requirements of subsection (1) of this section shall be stayed during the administrative review process.
(e) Judicial review of a department order affirming the action subject to the notification requirements of subsection (1) of this section after an administrative review shall be available in the same manner as provided in RCW 46.20.308(8). The department shall certify its record to the court within ((thirty))30 days after service upon the department of the petition for judicial review. The action subject to the notification requirements of subsection (1) of this section shall not automatically be stayed during the judicial review. If judicial relief is sought for a stay or other temporary remedy from the department's action, the court shall not grant relief unless the court finds that the appellant is likely to prevail in the appeal and that without a stay the appellant will suffer irreparable injury.
(4) The department may adopt rules that are considered necessary or convenient by the department for purposes of administering this section, including, but not limited to, rules regarding expedited procedures for issuing orders and expedited notice procedures.
(5) This section does not apply where an opportunity for an informal settlement, driver improvement interview, or formal hearing is otherwise provided by law or rule of the department.
Sec. 5. RCW 46.20.289 and 2019 c 467 s 2 are each amended to read as follows:
(1) Except for traffic violations committed under RCW 46.61.165, the department shall suspend all driving privileges of a person when the department receives notice from a court under RCW 46.63.070(6), 46.63.110(6), or 46.64.025 that the person has ((failed)):
(a) Failed to respond to a notice of traffic infraction for a moving violation((, failed))when the person (i) has failed to respond to one or more other notices of traffic infractions for a moving violation or (ii) has one or more other traffic infractions for a moving violation that remains unresolved;
(b) Failed to appear at a requested hearing for a moving violation((, violated));
(c) Violated a written promise to appear in court for a notice of infraction for a moving violation((, or has failed));
(d) Failed to comply with the terms of a notice of traffic infraction((, criminal complaint, or citation)) for a moving violation((,))when the person has received one or more other traffic infractions for moving violations that remain outstanding at the time the determination of qualification to receive a driver's license suspension occurs; or
(e) Failed to comply with the terms of a criminal complaint or criminal citation for a moving violation.
(2) The department shall suspend all driving privileges of a person when the department receives notice from another state under Article IV of the nonresident violator compact under RCW 46.23.010 or from a jurisdiction that has entered into an agreement with the department under RCW 46.23.020, other than for a standing, stopping, or parking violation, provided that the traffic infraction or traffic offense is committed on or after July 1, 2005.
(3) A suspension under this section takes effect pursuant to the provisions of RCW 46.20.245, and remains in effect until the department has received a certificate from the court showing that the case has been adjudicated, and until the person meets the requirements of RCW 46.20.311. In the case of failure to respond to a traffic infraction issued under RCW 46.55.105, the department shall suspend all driving privileges until the person provides evidence from the court that all penalties and restitution have been paid.
(4) A suspension under this section does not take effect if, prior to the effective date of the suspension, the department receives a certificate from the court showing that the case ((has))or cases have been adjudicated.
Sec. 6. RCW 46.20.291 and 2016 c 203 s 5 are each amended to read as follows:
The department is authorized to suspend the license of a driver upon a showing by its records or other sufficient evidence that the licensee:
(1) Has committed an offense for which mandatory revocation or suspension of license is provided by law;
(2) Has, by reckless or unlawful operation of a motor vehicle, caused or contributed to an accident resulting in death or injury to any person or serious property damage;
(3) Has been convicted of offenses against traffic regulations governing the movement of vehicles, or found to have committed traffic infractions, with such frequency as to indicate a disrespect for traffic laws or a disregard for the safety of other persons on the highways;
(4) Is incompetent to drive a motor vehicle under RCW 46.20.031(3);
(5) 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, criminal complaint, or criminal citation for a moving violation, as provided in RCW 46.20.289;
(6) Is subject to suspension under RCW 46.20.305 or 9A.56.078;
(7) Has committed one of the prohibited practices relating to drivers' licenses defined in RCW 46.20.0921; or
(8) Has been certified by the department of social and health services as a person who is not in compliance with a child support order or a residential or visitation order as provided in RCW 74.20A.320.
Sec. 7. 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 police vehicles;
(viii) A conviction of RCW 46.61.212(((4)))(5), 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))The person must furnish proof of satisfactory progress in a required alcoholism or drug treatment program((,));
(ii) ((the))The person must furnish proof of financial responsibility for the future as provided by chapter 46.29 RCW((,));
(iii) ((the))The person has failed to comply with the provisions of chapter 46.29 RCW relating to uninsured accidents((,));
(iv) ((the))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, criminal complaint, or criminal citation for a moving violation, as provided in RCW 46.20.289((,))(1);
(v) ((the))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))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))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))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 with a maximum penalty of 10 days in jail and a $600 fine.
(d) If a person cited under (c) of this subsection appears in person before the court and provides written evidence that, after the time the person was cited, he or she has paid the underlying citation(s) that suspended his or her license, or has entered into a payment plan with the respective court or collection agency for the underlying citation(s), the citation shall be dismissed without cost, except that the court may assess administrative costs of $50 and require payment of same as a condition of dismissal. In lieu of personal appearance, a person cited under (c) of this subsection may, before the date scheduled for the person's appearance before the court, submit by mail to the court written evidence that, after the time the person was cited, he or she has paid the underlying citation(s) that suspended his or her license or entered into a payment plan with the respective court or collection agency for the underlying citation(s), in which case the citation shall be dismissed without cost, except that the court may assess administrative costs of $50 and require payment of same as a condition of dismissal.
(e) A person may apply to the sentencing court for a vacation of the offender's record of conviction for driving while license suspended or revoked in the third degree one year after successful completion of all conditions of judgment and sentencing including payment of financial obligations. If the court finds the offender is otherwise eligible, the court may clear the record of conviction: (i) By permitting the offender to withdraw the offender's plea of guilty and to enter a plea of not guilty; (ii) if the offender has been convicted after a plea of not guilty, by the court setting aside the verdict of guilty; or (iii) by dismissing the information or indictment against the offender. Once the court vacates a record of conviction under this section, the fact that the offender has been convicted of the offense shall not be included in the offender's criminal history for purposes of determining a sentence in any subsequent conviction, and the offender shall be released from all penalties and disabilities resulting from the offense. For all purposes, including responding to questions on employment applications, an offender whose conviction has been vacated may state that the offender has never been convicted of that crime. 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. 8. RCW 46.20.391 and 2012 c 82 s 2 are each amended to read as follows:
(1) Any person licensed under this chapter who is convicted of an offense relating to motor vehicles for which suspension or revocation of the driver's license is mandatory, other than vehicular homicide, vehicular assault, driving while under the influence of intoxicating liquor or any drug, or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug, may submit to the department an application for a temporary restricted driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is eligible to receive the license, may issue a temporary restricted driver's license and may set definite restrictions as provided in RCW 46.20.394.
(2)(a) A person licensed under this chapter whose driver's license is suspended administratively due to the failure to respond to a notice of traffic infraction for a moving violation, failure to appear at a requested hearing for a moving violation, or ((pay a traffic ticket))failure to comply with the terms of a notice of traffic infraction for a moving violation under RCW 46.20.289; a violation of the financial responsibility laws under chapter 46.29 RCW; or for multiple violations within a specified period of time under RCW 46.20.291, may apply to the department for an occupational driver's license.
(b) An occupational driver's license issued to an applicant described in (a) of this subsection shall be valid for the period of the suspension or revocation.
(3) An applicant for an occupational or temporary restricted driver's license who qualifies under subsection (1) or (2) of this section is eligible to receive such license only if:
(a) Within seven years immediately preceding the date of the offense that gave rise to the present conviction or incident, the applicant has not committed vehicular homicide under RCW 46.61.520 or vehicular assault under RCW 46.61.522; and
(b) The applicant demonstrates that it is necessary for him or her to operate a motor vehicle because he or she:
(i) Is engaged in an occupation or trade that makes it essential that he or she operate a motor vehicle;
(ii) Is undergoing continuing health care or providing continuing care to another who is dependent upon the applicant;
(iii) Is enrolled in an educational institution and pursuing a course of study leading to a diploma, degree, or other certification of successful educational completion;
(iv) Is undergoing substance abuse treatment or is participating in meetings of a twelve-step group such as Alcoholics Anonymous that requires the petitioner to drive to or from the treatment or meetings;
(v) Is fulfilling court-ordered community service responsibilities;
(vi) Is in a program that assists persons who are enrolled in a WorkFirst program pursuant to chapter 74.08A RCW to become gainfully employed and the program requires a driver's license;
(vii) Is in an apprenticeship, on-the-job training, or welfare-to-work program; or
(viii) Presents evidence that he or she has applied for a position in an apprenticeship or on-the-job training program for which a driver's license is required to begin the program, provided that a license granted under this provision shall be in effect for no longer than fourteen days; and
(c) The applicant files satisfactory proof of financial responsibility under chapter 46.29 RCW; and
(d) Upon receipt of evidence that a holder of an occupational driver's license granted under this subsection is no longer enrolled in an apprenticeship or on-the-job training program, the director shall give written notice by first-class mail to the driver that the occupational driver's license shall be canceled. If at any time before the cancellation goes into effect the driver submits evidence of continued enrollment in the program, the cancellation shall be stayed. If the cancellation becomes effective, the driver may obtain, at no additional charge, a new occupational driver's license upon submittal of evidence of enrollment in another program that meets the criteria set forth in this subsection; and
(e) The department shall not issue an occupational driver's license under (b)(iv) of this subsection if the applicant is able to receive transit services sufficient to allow for the applicant's participation in the programs referenced under (b)(iv) of this subsection.
(4) A person aggrieved by the decision of the department on the application for an occupational or temporary restricted driver's license may request a hearing as provided by rule of the department.
(5) The director shall cancel an occupational or temporary restricted driver's license after receiving notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, no longer meets the eligibility requirements, or has been convicted of or found to have committed a separate offense or any other act or omission that under this chapter would warrant suspension or revocation of a regular driver's license. The department must give notice of the cancellation as provided under RCW 46.20.245. A person whose occupational or temporary restricted driver's license has been canceled under this section may reapply for a new occupational or temporary restricted driver's license if he or she is otherwise qualified under this section and pays the fee required under RCW 46.20.380.
NEW SECTION.  Sec. 9. A new section is added to chapter 46.20 RCW to read as follows:
(1) The department is authorized to administratively reinstate the license of a person suspended prior to the effective date of this section pursuant to section 2, chapter 467, Laws of 2019 that would not have been eligible for driver's license suspension under RCW 46.20.289.
(2) No later than 90 days after the effective date of this section, the department shall:
(a) Take reasonable steps to publicize and notify persons who may be eligible for reinstatement of his or her license pursuant to this section; and
(b) Create an online application process for persons whose licenses are suspended and may be eligible for reinstatement as provided in this section. The online application process shall allow a person to determine whether the person is eligible to have his or her license reinstated and explain the process for reinstatement.
(3) A reissue fee as provided in RCW 46.20.311 shall apply to any license reinstated under this section.
Sec. 10. RCW 46.64.025 and 2017 c 336 s 11 are each amended to read as follows:
Whenever any person served with, or provided notice of, a traffic infraction or a traffic-related criminal citation or complaint willfully fails to appear at a requested hearing for a moving violation, or fails to comply with the terms of a notice of infraction for a moving violation or a traffic-related criminal complaint or criminal citation for a moving violation, the court with jurisdiction over the traffic infraction or traffic-related criminal complaint or criminal citation shall promptly give notice of such fact to the department of licensing. Whenever thereafter the case in which the defendant failed to appear or comply is adjudicated, the court hearing the case shall promptly file with the department a certificate showing that the case has been adjudicated.
For the purposes of this section, "moving violation" is defined by rule pursuant to RCW 46.20.2891.
NEW SECTION.  Sec. 11. A new section is added to chapter 46.20 RCW to read as follows:
(1) An additional $1 fee shall be imposed on each application for an original or renewal of a regular driver's license, regular identicard, enhanced driver's license, or enhanced identicard. The entire amount of the fee shall be used to pay for processing costs for driver's license issuance and reinstatements, and information technology upgrades and the ongoing costs to maintain the driver's license and identicard record and issuance system.
(2) The department shall forward all funds accruing under this section to the state treasurer who shall deposit the moneys to the credit of the highway safety fund.
Sec. 12. RCW 2.68.040 and 2019 c 467 s 6, 2019 c 403 s 12, and 2019 c 65 s 6 are each reenacted and amended to read as follows:
(1) To support the judicial information system account provided for in RCW 2.68.020, the supreme court may provide by rule for an increase in fines, penalties, and assessments, and the increased amount shall be forwarded to the state treasurer for deposit in the account:
(a) Pursuant to the authority of RCW 46.63.110(3), the sum of ten dollars to any penalty collected by a court pursuant to supreme court infraction rules for courts of limited jurisdiction;
(b) Pursuant to RCW 3.62.060, a mandatory appearance cost in the initial sum of ten dollars to be assessed on all defendants; and
(c) Pursuant to RCW 46.63.110(6), a ten-dollar assessment for each account for which a person requests a time payment schedule.
(2) Notwithstanding a provision of law or rule to the contrary, the assessments provided for in this section may not be waived or suspended and shall be immediately due and payable upon forfeiture, conviction, deferral of prosecution, or request for time payment, as each shall occur.
(3) The supreme court is requested to adjust these assessments for inflation.
(4) This section does not apply to the additional monetary penalty under RCW 46.20.500.
(5) This section does not apply to the additional monetary fine under RCW 46.61.110, 46.61.145, 46.61.180, 46.61.185, 46.61.190, and 46.61.205.
(6) This section does not apply to the additional monetary penalties under RCW 46.61.165.
(7) In addition to any amount prescribed by rule under subsection (1)(a) of this section as an assessment on traffic infractions dedicated for the judicial information system, there shall be assessed $2 on each traffic infraction. The additional $2 shall be forwarded to the state treasurer for deposit in the driver licensing technology support account, created under section 13 of this act, to be used to support information technology systems used by the department of licensing to communicate with the judicial information system, manage driving records, and implement court orders.
NEW SECTION.  Sec. 13. A new section is added to chapter 46.68 RCW to read as follows:
The driver licensing technology support account is created as a subaccount in the highway safety fund under RCW 46.68.060. Moneys in the subaccount may be spent only after appropriation. Expenditures from the subaccount may be used only for supporting information technology systems used by the department to communicate with the judicial information system, manage driving records, and implement court orders.
NEW SECTION.  Sec. 14. This act takes effect March 1, 2022."
SSB 5226 - S AMD 249
By Senator Cleveland
WITHDRAWN 03/08/2021
On page 1, line 2 of the title, after "infractions;" strike the remainder of the title and insert "amending RCW 46.63.060, 46.63.070, 46.20.245, 46.20.289, 46.20.291, 46.20.342, 46.20.391, and 46.64.025; reenacting and amending RCW 46.63.110 and 2.68.040; adding new sections to chapter 46.20 RCW; adding a new section to chapter 46.68 RCW; prescribing penalties; and providing an effective date."
EFFECT: The amendment (1) restores the authority to suspend a person's license for the failure to pay, appear, or respond in connection with a traffic infraction if the person has at least one prior unresolved traffic infraction; (2) extends the time to resolve a citation from 45 to 90 days before any suspension; (3) requires DOL to advise a person they may contact the court for available payment options and provide the DOL website address when giving notice of license suspension; (4) increases the time period from 15 to 30 days for a person to request an administrative review of the suspension notice; (5) reduces maximum penalties for DWLS3 to 10 days in jail and a $600 fine; (6) requires dismissal of a DWLS3 matter if the person charged pays the underlying citation or enters into a payment plan; (7) requires a DWLS3 conviction be vacated one year after successful completion of release conditions; and (8) retains provisions requiring an infraction to include the option for the person to attest they do not have the ability to pay the infraction in full, authorizing the court to waive or remit any monetary obligation associated with a traffic infraction, and increasing fees and establishing the driver licensing technology support account.
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