S-3908.1                   _______________________________________________

 

                                                     SENATE BILL 6144

                              _______________________________________________

 

State of Washington                              53rd Legislature                             1994 Regular Session

 

By Senators Roach, Nelson, L. Smith, Snyder, Franklin and Oke

 

Read first time 01/14/94.  Referred to Committee on Law & Justice.

 

Requiring the department of licensing to retain records concerning drug and alcohol related driving offenses.



          AN ACT Relating to the department of licensing; amending RCW 46.01.260 and 46.61.515; reenacting and amending RCW 46.61.515; providing an effective date; and providing an expiration date.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

        Sec. 1.  RCW 46.01.260 and 1984 c 241 s 1 are each amended to read as follows:

          (1) The director, in his or her discretion, may destroy applications for vehicle licenses, copies of vehicle licenses issued, applications for drivers' licenses, copies of issued drivers' licenses, certificates of title and registration or other documents, records or supporting papers on file in his or her office which have been microfilmed or photographed or are more than five years old.  If the applications for vehicle licenses are renewal applications, the director may destroy ((such)) the applications when the computer record thereof has been updated.

          (2) The director shall retain for ten years all records concerning drug and alcohol criminal driving offenses, including chemical dependency evaluations, in order to facilitate state and local criminal justice organizations.

        Sec. 2.  RCW 46.61.515 and 1993 c 501 s 7 and 1993 c 239 s 1 are each reenacted and 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 substantial 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 department of social and health services shall periodically review the costs of alcohol information schools and treatment programs as part of the approval process.

          (2) On a second or subsequent conviction where the arrest was within a five-year period of the previous 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 minimum jail sentence shall not be suspended or deferred unless the judge finds that the imposition of the jail sentence will pose a substantial 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 the arrest on a second or subsequent offense, the driver is without a license or permit because of a previous suspension or revocation for a reason listed in RCW 46.20.342(1) (a) or (b), or because of a previous suspension or revocation for a reason listed in RCW 46.20.342(1)(c) if the original suspension or revocation was the result of a conviction of RCW 46.61.502 or 46.61.504, the minimum mandatory sentence shall be ninety days in jail and a five 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 program or approved drug treatment center.

          In addition to any nonsuspendable and nondeferrable jail sentence required by this subsection, whenever the court imposes less than one year in jail, the court shall also suspend but shall not defer a period of confinement 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.

          (5)(a) In addition to penalties set forth in this section, a one hundred twenty-five dollar fee shall be assessed to a person who is either convicted, sentenced to a lesser charge, or given deferred prosecution, as a result of an arrest for violating RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522.  This fee is for the purpose of funding the Washington state toxicology laboratory and the Washington state patrol breath test program.

          (b) Upon a verified petition by the person assessed the fee, the court may suspend payment of all or part of the fee if it finds that the person does not have the ability to pay.

          (c) When a minor has been adjudicated a juvenile offender for an offense which, if committed by an adult, would constitute a violation of RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522, the court shall assess the one hundred twenty-five dollar fee under (a) of this subsection.  Upon a verified petition by a minor assessed the fee, the court may suspend payment of all or part of the fee if it finds that the minor does not have the ability to pay the fee.

          (6) The fee assessed under subsection (5) of this section shall be collected by the clerk of the court and distributed as follows:

          (a) Forty percent shall be subject to distribution under RCW 3.62.020, 3.62.040, or 10.82.040.

          (b) If the case involves a blood test by the state toxicology laboratory, the remainder of the fee shall be forwarded to the state treasurer for deposit in the death investigations account to be used solely for funding the state toxicology laboratory blood testing program.

          (c) Otherwise, the remainder of the fee shall be forwarded to the state treasurer for deposit in the state patrol highway account to be used solely for funding the Washington state patrol breath test program.

 

        Sec. 3.  RCW 46.61.515 and 1993 c 501 s 7 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 substantial 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 department of social and health services shall periodically review the costs of alcohol information schools and treatment programs as part of the approval process.

          (2) On a second or subsequent conviction where the arrest was within a five-year period of the previous 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 minimum jail sentence shall not be suspended or deferred unless the judge finds that the imposition of the jail sentence will pose a substantial 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 the arrest on a second or subsequent offense, the driver is without a license or permit because of a previous suspension or revocation for a reason listed in RCW 46.20.342(1) (a) or (b), or because of a previous suspension or revocation for a reason listed in RCW 46.20.342(1)(c) if the original suspension or revocation was the result of a conviction of RCW 46.61.502 or 46.61.504, the minimum mandatory sentence shall be ninety days in jail and a five 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 program or approved drug treatment center.

          In addition to any nonsuspendable and nondeferrable jail sentence required by this subsection, whenever the court imposes less than one year in jail, the court shall also suspend but shall not defer a period of confinement 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.

 

          NEW SECTION.  Sec. 4.  Section 2 of this act shall expire June 30, 1995.

 

          NEW SECTION.  Sec. 5.  Section 3 of this act shall take effect June 30, 1995.

 


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