S-1627.4 _______________________________________________
SUBSTITUTE SENATE BILL 5439
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By Senate Committee on Law & Justice (originally sponsored by Senators Nelson, Erwin, McMullen, Owen, Oke, A. Smith, Stratton and Thorsness).
Read first time March 6, 1991.
AN ACT Relating to driving violations; amending RCW 46.61.525 and 46.61.515; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 46.61.525 and 1979 ex.s. c 136 s 86 are each amended to read as follows:
(1)
It ((shall be)) is unlawful for any person to operate a motor
vehicle in a negligent manner. For the purpose of this section to
"operate in a negligent manner" ((shall be construed to mean))
means the operation of a vehicle in such a manner as to endanger or be
likely to endanger any persons or property((: PROVIDED HOWEVER, That any)).
A person operating a motor vehicle on private property with the consent of
the owner in a manner consistent with the owner's consent ((shall not be))
is not guilty of negligent driving.
((The
offense of operating a vehicle in a negligent manner shall be considered to be))
(2)(a) A person who operates a motor vehicle in a negligent manner and while
having consumed intoxicating liquor or any drug, but where the consumption is
not sufficient to constitute a violation of RCW 46.61.502, is guilty of
negligent driving in the first degree.
(b) Negligent driving in the first degree is a misdemeanor. Upon conviction of negligent driving in the first degree, a person may be punished by suspension of driving privileges for thirty days and a fine of up to five hundred dollars, but no imprisonment may be imposed. Whenever a person is convicted of negligent driving in the first degree, the clerk of the court in which the conviction occurred shall immediately notify the department of licensing of the conviction.
(c) The court shall order a diagnostic evaluation for any person convicted of negligent driving in the first degree. The evaluation and treatment recommendations shall be prepared by a treatment facility approved by the department of social and health services or a probation department qualified under RCW 46.61.516. A copy of the report shall be forwarded to the department of licensing. Based on the diagnostic evaluation the convicted person shall be required to complete a course in an information school approved by the department of social and health services or a more intensive treatment program as approved under chapter 70.96A RCW.
(d) The court shall suspend the thirty-day suspension of driving privileges if the convicted person is ordered to complete an information school or a more intensive treatment program. If the convicted person fails to successfully complete the school or program the court shall immediately notify the department of the failure. Upon receipt of such notice, the department shall suspend the person's privilege to drive for thirty days.
(3)
A person who operates a motor vehicle in a negligent manner not amounting to
negligent driving in the first degree is guilty of negligent driving in the
second degree. Negligent driving in the second degree is a lesser offense
than, but included in, the offense of operating a vehicle in a reckless manner,
and any person charged with operating a vehicle in a reckless manner may be
convicted of the lesser offense of ((operating a vehicle in a))
negligent ((manner)) driving in the second degree. Any person
violating ((the provisions of)) this ((section will be)) subsection
is guilty of a misdemeanor: PROVIDED, That the director may not revoke any
license under this ((section)) subsection, and such offense is
not punishable by imprisonment or by a fine exceeding two hundred fifty
dollars.
Sec. 2. 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 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 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.))
The court shall order a diagnostic evaluation ((and treatment
recommendation shall be prepared under the direction of the court by an
alcoholism agency)) for any person convicted under RCW 46.61.502 or
46.61.504. The evaluation and treatment recommendations shall be prepared by a
treatment facility approved by the department of social and health services
or a ((qualified)) probation department ((approved by the department
of social and health services)) qualified under RCW 46.61.516. 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 a
more intensive treatment ((in a)) program as approved ((by the
department of social and health services)) under chapter 70.96A RCW.
Standards for approval for alcohol treatment programs under this chapter
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)) a
treatment facility approved by the department of social and health services
or a ((qualified)) probation department ((approved by the department
of social and health services)) qualified under RCW 46.61.516. 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 ((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)) treatment
facility 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)) treatment facility 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.