AN ACT
Relating to driving while license suspended or revoked; amending RCW 46.20.342;
and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
46.20.342 and 1991 c 293 s 6 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 an 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
year. 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. 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;
(v) A
conviction of RCW 46.20.420, 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 46.61.500, relating to reckless driving;
(ix) A
conviction of RCW 46.61.502 or 46.61.504, relating to a person under the
influence of intoxicating liquor or drugs;
(x) A
conviction of RCW 46.61.520, relating to vehicular homicide;
(xi) A
conviction of RCW 46.61.522, relating to vehicular assault;
(xii)
A conviction of RCW 46.61.530, relating to racing of vehicles on highways;
(xiii)
A conviction of RCW 46.61.685, relating to leaving children in an unattended
vehicle with motor running;
(xiv)
A conviction of RCW 46.64.048, relating to attempting, aiding, abetting,
coercing, and committing crimes; or
(xv)
An administrative action taken by the department under chapter 46.20 RCW.
(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, ((or)) (iv) 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, or (v) 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, or any
combination of (i) through (((iv))) (v), is guilty of driving
while license suspended or revoked in the third degree, a misdemeanor.
(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.
NEW
SECTION. Sec. 2. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and shall take effect immediately.
