H-1233.1 _______________________________________________
HOUSE BILL 2097
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By Representatives Rasmussen, Dorn, Ferguson, Vance, Nealey and Roland.
Read first time February 22, 1991. Referred to Committee on Judiciary.
AN ACT Relating to revocation of driving privileges for drug or alcohol law violations; amending RCW 46.20.265, 66.44.365, 69.41.065, 69.50.420, 69.52.070, and 46.20.391; adding a new section to chapter 46.20 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 46.20.265 and 1989 c 271 s 117 are each amended to read as follows:
(1) In
addition to any other authority to revoke driving privileges under this
chapter, the department shall revoke all driving privileges of a ((juvenile))
person when the department receives notice from a court pursuant to RCW
13.40.265, 66.44.365, 69.41.065, 69.50.420, or 69.52.070 or from a diversion
unit pursuant to RCW 13.40.265. The revocation shall be imposed without
hearing.
(2)
The driving privileges of the ((juvenile)) person revoked under
subsection (1) of this section shall be revoked in the following manner:
(a) Upon receipt of the first notice, the department shall impose a revocation as follows:
(i)
In the case of a person over the age of seventeen, for one year((,));
or
(ii)
In the case of a person under the age of seventeen for one year or until
the ((juvenile)) person reaches seventeen years of age, whichever
is longer.
(b) Upon receipt of a second or subsequent notice, the department shall impose a revocation as follows:
(i) In the case of a person over the age of eighteen, for two years; or
(ii)
In the case of a person under the age of eighteen, for two years or until
the ((juvenile)) person reaches eighteen years of age, whichever
is longer.
(3) If
the department receives notice from a court that the ((juvenile's)) person's
privilege to drive should be reinstated, the department shall immediately
reinstate any driving privileges that have been revoked under this section.
(4)(a) If the department receives notice pursuant to RCW 13.40.265(2)(b) from a diversion unit that a juvenile has completed a diversion agreement for which the juvenile's driving privileges were revoked, the department shall reinstate any driving privileges revoked under this section as provided in (b) of this subsection.
(b) If the diversion agreement was for the juvenile's first violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the department shall not reinstate the juvenile's privilege to drive until the later of ninety days after the date the juvenile turns sixteen or ninety days after the juvenile entered into a diversion agreement for the offense. If the diversion agreement was for the juvenile's second or subsequent violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the department shall not reinstate the juvenile's privilege to drive until the later of the date the juvenile turns seventeen or one year after the juvenile entered into the second or subsequent diversion agreement.
Sec. 2. RCW 66.44.365 and 1989 c 271 s 118 are each amended to read as follows:
(1) If
a ((juvenile)) person thirteen years of age or older and under
the age of eighteen is found by a court to have committed any offense that is a
violation of this chapter, the court shall, except as provided in subsection
(4) of this section, notify the department of licensing within twenty-four
hours after entry of the judgment.
(2)
Except as otherwise provided in subsection (3) of this section, upon petition
of a ((juvenile)) person whose privilege to drive has been
revoked pursuant to RCW 46.20.265, the court may notify the department of
licensing that the ((juvenile's)) person's privilege to drive
should be reinstated.
(3) If
the conviction is for the ((juvenile's)) person's first violation
of this chapter or chapter 69.41, 69.50, or 69.52 RCW, ((a juvenile)) the
person may not petition the court for reinstatement of the ((juvenile's))
person's privilege to drive revoked pursuant to RCW 46.20.265 until the
later of ninety days after the date the ((juvenile)) person turns
sixteen or ninety days after the judgment was entered. If the conviction was
for the ((juvenile's)) person's second or subsequent violation of
this chapter or chapter 69.41, 69.50, or 69.52 RCW, the ((juvenile)) person
may not petition the court for reinstatement of the ((juvenile's)) person's
privilege to drive revoked pursuant to RCW 46.20.265 until the later of the
date the ((juvenile)) person turns seventeen or one year after
the date judgment was entered.
(4) With respect to a person over the age of seventeen but under the age of twenty-one convicted of a violation of Title 66 RCW, the court may suspend the notification required by subsection (1) of this section pending the attendance by the person at a department of licensing approved alcohol abuse awareness class.
Sec. 3. RCW 69.41.065 and 1989 c 271 s 119 are each amended to read as follows:
(1) If
a ((juvenile)) person thirteen years of age or older ((and
under the age of twenty-one)) is found by a court to have committed any
offense that is a violation of this chapter, the court shall, except as
provided in subsection (4) of this section, notify the department of
licensing within twenty-four hours after entry of the judgment.
(2)
Except as otherwise provided in subsection (3) of this section, upon petition
of a ((juvenile)) person whose privilege to drive has been
revoked pursuant to RCW 46.20.265, the court may notify the department of
licensing that the ((juvenile's)) person's privilege to drive
should be reinstated.
(3) If
the conviction is for the ((juvenile's)) person's first violation
of this chapter or chapter 66.44, 69.50, or 69.52 RCW, the ((juvenile)) person
may not petition the court for reinstatement of the ((juvenile's)) person's
privilege to drive revoked pursuant to RCW 46.20.265 until the later of ninety
days after the date the ((juvenile)) person turns sixteen or
ninety days after the judgment was entered. If the conviction was for the ((juvenile's))
person's second or subsequent violation of this chapter or chapter
66.44, 69.50, or 69.52 RCW, the ((juvenile)) person may not
petition the court for reinstatement of the ((juvenile's)) person's
privilege to drive revoked pursuant to RCW 46.20.265 until the later of the
date the ((juvenile)) person turns seventeen or one year after
the date judgment was entered.
(4) With respect to a person over the age of seventeen but under the age of twenty-one convicted of a violation of Title 66 RCW, the court may suspend the notification required by subsection (1) of this section pending the attendance by the person at a department of licensing approved alcohol abuse awareness class.
Sec. 4. RCW 69.50.420 and 1989 c 271 s 120 are each amended to read as follows:
(1) If
a ((juvenile)) person thirteen years of age or older ((and
under the age of twenty-one)) is found by a court to have committed any
offense that is a violation of this chapter, the court shall, except as
provided in subsection (4) of this section, notify the department of
licensing within twenty-four hours after entry of the judgment.
(2)
Except as otherwise provided in subsection (3) of this section, upon petition
of a ((juvenile)) person whose privilege to drive has been
revoked pursuant to RCW 46.20.265, the court may at any time the court deems
appropriate notify the department of licensing to reinstate the ((juvenile's))
person's privilege to drive.
(3) If
the conviction is for the ((juvenile's)) person's first violation
of this chapter or chapter 66.44, 69.41, or 69.52 RCW, the ((juvenile)) person
may not petition the court for reinstatement of the ((juvenile's)) person's
privilege to drive revoked pursuant to RCW 46.20.265 until the later of ninety
days after the date the ((juvenile)) person turns sixteen or
ninety days after the judgment was entered. If the conviction was for the ((juvenile's))
person's second or subsequent violation of this chapter or chapter
66.44, 69.41, or 69.52 RCW, the ((juvenile)) person may not
petition the court for reinstatement of the ((juvenile's)) person's
privilege to drive revoked pursuant to RCW 46.20.265 until the later of the
date the ((juvenile)) person turns seventeen or one year after
the date judgment was entered.
(4) With respect to a person over the age of seventeen but under the age of twenty-one convicted of a violation of Title 66 RCW, the court may suspend the notification required by subsection (1) of this section pending the attendance by the person at a department of licensing approved alcohol abuse awareness class.
Sec. 5. RCW 69.52.070 and 1989 c 271 s 121 are each amended to read as follows:
(1) If
a ((juvenile)) person thirteen years of age or older ((and
under the age of twenty-one)) is found by a court to have committed any
offense that is a violation of this chapter, the court shall, except as
provided in subsection (4) of this section, notify the department of
licensing within twenty-four hours after entry of the judgment.
(2)
Except as otherwise provided in subsection (3) of this section, upon petition
of a ((juvenile)) person whose privilege to drive has been
revoked pursuant to RCW 46.20.265, the court may at any time the court deems
appropriate notify the department of licensing to reinstate the ((juvenile's))
person's privilege to drive.
(3) If
the conviction is for the ((juvenile's)) person's first violation
of this chapter or chapter 66.44, 69.41, or 69.50 RCW, the ((juvenile)) person
may not petition the court for reinstatement of the ((juvenile's)) person's
privilege to drive revoked pursuant to RCW 46.20.265 until the later of ninety
days after the date the ((juvenile)) person turns sixteen or
ninety days after the judgment was entered. If the conviction was for the ((juvenile's))
person's second or subsequent violation of this chapter or chapter
66.44, 69.41, or 69.50 RCW, the ((juvenile)) person may not
petition the court for reinstatement of the ((juvenile's)) person's
privilege to drive revoked pursuant to RCW 46.20.265 until the later of the
date the ((juvenile)) person turns seventeen or one year after
the date judgment was entered.
(4) With respect to a person over the age of seventeen but under the age of twenty-one convicted of a violation of Title 66 RCW, the court may suspend the notification required by subsection (1) of this section pending the attendance by the person at a department of licensing approved alcohol abuse awareness class.
NEW SECTION. Sec. 6. (1) The house of representatives committee on judiciary and the senate committee on law and justice shall jointly study ways of deterring persons between the ages of seventeen and twenty-one from illegally using alcohol. The study shall concentrate on offenses involving alcohol other than driving while under the influence of alcohol. The committees shall consider alternatives including but not limited to increasing criminal penalties and civil sanctions other than those relating to driving privileges.
(2) The committees shall present any recommendations for legislation to the legislature by December 1, 1990.
Sec. 7. RCW 46.20.391 and 1985 c 407 s 5 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 or vehicular assault, or who is convicted of an offense for which revocation is imposed under RCW 46.20.265, may, subject to the restrictions of this section, submit to the department an application for an occupational driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is engaged in an occupation or trade that makes it essential that the petitioner operate a motor vehicle, may issue an occupational driver's license and may set definite restrictions as provided in RCW 46.20.394. No person may petition for, and the department shall not issue, an occupational driver's license that is effective during the first thirty days of any suspension or revocation imposed under RCW 46.61.515. A person aggrieved by the decision of the department on the application for an occupational driver's license may request a hearing as provided by rule of the department.
(2) An applicant for an occupational driver's license is eligible to receive such license only if:
(a) Within one year immediately preceding the present conviction, the applicant has not been convicted of any offense relating to motor vehicles for which suspension or revocation of a driver's license is mandatory; and
(b) Within five years immediately preceding the present conviction, the applicant has not been convicted of driving or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor under RCW 46.61.502 or 46.61.504, of vehicular homicide under RCW 46.61.520, or of vehicular assault under RCW 46.61.522; and
(c) The applicant is engaged in an occupation or trade that makes it essential that he or she operate a motor vehicle; and
(d) The applicant files satisfactory proof of financial responsibility pursuant to chapter 46.29 RCW.
(3) The director shall cancel an occupational driver's license upon receipt of notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, or of an offense that pursuant to chapter 46.20 RCW would warrant suspension or revocation of a regular driver's license. The cancellation is effective as of the date of the conviction, and continues with the same force and effect as any suspension or revocation under this title.
NEW SECTION. Sec. 8. A new section is added to chapter 46.20 RCW to read as follows:
(1) Any person whose privilege to drive has been revoked under RCW 46.20.265 may submit to the department an application for a treatment driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is participating in an alcohol or controlled substance abuse treatment program approved by the department that makes it essential that the petitioner operate a motor vehicle, may issue a treatment driver's license and may set such restrictions as the department deems necessary to insure that the person uses the license only for the purpose of traveling to and from the treatment program. No person may petition for, and the department shall not issue, a treatment driver's license that is effective during the first thirty days of any
revocation. A person aggrieved by the decision of the department on the application for a treatment driver's license may request a hearing as provided by rule of the department.
(2) An applicant for a treatment driver's license is eligible to receive the license only if:
(a) Within one year immediately preceding the present conviction, the applicant has not been convicted of any offense relating to motor vehicles for which suspension or revocation of a driver's license is mandatory; and
(b) Within five years immediately preceding the present conviction, the applicant has not been convicted of driving or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor under RCW 46.61.502 or 46.61.504, of vehicular homicide under RCW 46.61.520, or of vehicular assault under RCW 46.61.522; and
(c) The applicant files satisfactory proof of financial responsibility pursuant to chapter 46.29 RCW.
(3) The director shall cancel a treatment driver's license upon receipt of notice that the holder of the license has been convicted of operating a motor vehicle in violation of its restrictions, or of an offense that pursuant to chapter 46.20 RCW would warrant suspension or revocation of a regular driver's license. The cancellation is effective as of the date of the conviction, and continues with the same force and effect as any suspension or revocation under this title.