H-3387.1 _______________________________________________
HOUSE BILL 2355
_______________________________________________
State of Washington 52nd Legislature 1992 Regular Session
By Representatives Riley, Belcher, Cooper, Tate, Paris, Scott, P. Johnson, Vance, Locke, Jacobsen, Winsley, Brough, Broback, Kremen, Heavey, Mitchell, Sheldon, Rasmussen and Sprenkle
Read first time 01/15/92. Referred to Committee on Judiciary.
AN ACT Relating to driving while under the influence of intoxicating liquor or drugs; and amending RCW 46.61.515 and 46.61.5151.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 46.61.515 and 1985 c 352 s 1 are each amended to read as follows:
(1)
Every person who is convicted of a violation of RCW 46.61.502 or 46.61.504
shall be punished by imprisonment for not less than ((twenty-four)) seventy-two
consecutive hours nor more than one year, and by a fine of not less than two
hundred fifty dollars and not more than one thousand dollars. Unless the judge
finds the person to be indigent, two hundred fifty dollars of the fine shall
not be suspended or deferred. ((Twenty-four)) Seventy-two
consecutive hours of the jail sentence shall not be suspended or deferred
unless the judge finds that the imposition of the jail sentence will pose a
risk to the defendant's physical or mental well-being. Whenever the mandatory
jail sentence is suspended or deferred, the judge must state, in writing, the
reason for granting the suspension or deferral and the facts upon which the
suspension or deferral is based. The court may impose conditions of probation
that may include nonrepetition, alcohol or drug treatment, supervised
probation, or other conditions that may be appropriate. The convicted person
shall, in addition, be required to complete a course in an alcohol information
school approved by the department of social and health services or more
intensive treatment in a program approved by the department of social and health
services, as determined by the court. A diagnostic evaluation and treatment
recommendation shall be prepared under the direction of the court by an
alcoholism agency approved by the department of social and health services or a
qualified probation department approved by the department of social and health
services. A copy of the report shall be forwarded to the department of
licensing. Based on the diagnostic evaluation, the court shall determine
whether the convicted person shall be required to complete a course in an
alcohol information school approved by the department of social and health
services or more intensive treatment in a program approved by the department of
social and health services. Standards for approval for alcohol treatment programs
shall be prescribed by rule under the administrative procedure act, chapter
34.05 RCW. The courts shall periodically review the costs of alcohol
information schools and treatment programs within their jurisdictions.
(2) On
a second or subsequent conviction for driving or being in physical control of a
motor vehicle while under the influence of intoxicating liquor or drugs within
a five-year period a person shall be punished by imprisonment for not less than
seven days nor more than one year and by a fine of not less than five hundred
dollars and not more than two thousand dollars. District courts and courts
organized under chapter 35.20 RCW are authorized to impose such fine. Unless
the judge finds the person to be indigent, five hundred dollars of the fine
shall not be suspended or deferred. The jail sentence shall not be suspended
or deferred unless the judge finds that the imposition of the jail sentence
will pose a risk to the defendant's physical or mental well-being. Whenever
the mandatory jail sentence is suspended or deferred, the judge must state, in
writing, the reason for granting the suspension or deferral and the facts upon
which the suspension or deferral is based. If, at the time of a second or
subsequent conviction, the driver is without a license or permit because of a
previous suspension or revocation, the minimum mandatory sentence shall be
ninety days in jail and a two hundred dollar fine. The penalty so imposed shall
not be suspended or deferred. The person shall, in addition, be required to
complete a diagnostic evaluation by an alcoholism agency approved by the
department of social and health services or a qualified probation department
approved by the department of social and health services. The report shall be
forwarded to the department of licensing. If the person is found to have an
alcohol or drug problem requiring treatment, the person shall complete
treatment at an approved alcoholism treatment ((facility)) program
or approved drug treatment center.
In addition to any nonsuspendable and nondeferrable jail sentence required by this subsection, the court shall sentence a person to a term of imprisonment not exceeding one hundred eighty days and shall suspend but shall not defer the sentence for a period not exceeding two years. The suspension of the sentence may be conditioned upon nonrepetition, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation of a condition of suspension during the suspension period.
(3) The license or permit to drive or any nonresident privilege of any person convicted of driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs shall:
(a) On the first conviction under either offense, be suspended by the department until the person reaches age nineteen or for ninety days, whichever is longer. The department of licensing shall determine the person's eligibility for licensing based upon the reports provided by the designated alcoholism agency or probation department and shall deny reinstatement until enrollment and participation in an approved program has been established and the person is otherwise qualified;
(b) On a second conviction under either offense within a five-year period, be revoked by the department for one year. The department of licensing shall determine the person's eligibility for licensing based upon the reports provided by the designated alcoholism agency or probation department and shall deny reinstatement until satisfactory progress in an approved program has been established and the person is otherwise qualified;
(c) On a third or subsequent conviction of driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs, vehicular homicide, or vehicular assault, or any combination thereof within a five-year period, be revoked by the department for two years.
(4) In any case provided for in this section, where a driver's license is to be revoked or suspended, the revocation or suspension shall be stayed and shall not take effect until after the determination of any appeal from the conviction which may lawfully be taken, but in case the conviction is sustained on appeal the revocation or suspension takes effect as of the date that the conviction becomes effective for other purposes.
Sec. 2. RCW 46.61.5151 and 1983 c 165 s 33 are each amended to read as follows:
A
sentencing court may allow persons convicted of violating RCW 46.61.502 or
46.61.504 to fulfill the terms of the sentence provided in RCW 46.61.515 (1) or
(2) in nonconsecutive or intermittent time periods. However, the first ((twenty-four))
seventy-two hours of any sentence under RCW 46.61.515(1) and the first
((forty-eight)) seventy-two hours of any sentence under RCW
46.61.515(2) shall be served consecutively unless suspended or deferred as
otherwise provided by law.