5354-S

AN ACT Relating to increasing penalties for alcohol or drug-impaired operators of motor vehicles with minor passengers; amending RCW 46.61.5051, 46.61.5052, and 46.61.5053; and prescribing penalties.

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

Sec. 1. RCW 46.61.5051 and 1994 c 275 s 4 are each amended to read as follows:

(1) A person whose driver's license is not in a probationary, suspended, or revoked status, and who has not been convicted of a violation of RCW 46.61.502 or 46.61.504 that was committed within five years before the commission of the current violation, and who violates RCW 46.61.502(1)(a) or 46.61.504(1)(a) because of an alcohol concentration of at least 0.10 but less than 0.15, or a person who violates RCW 46.61.502(1) (b) or (c) or 46.61.504(1) (b) or (c) and for any reason other than the person's refusal to take a test offered pursuant to RCW 46.20.308 the person's alcohol concentration is not proved, is guilty of a gross misdemeanor and shall be punished as follows:

(a) By imprisonment for not less than one day nor more than one year. Twenty-four consecutive hours of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

(b) By a fine of not less than three hundred fifty dollars nor more than five thousand dollars. Three hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

(c) By suspension of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of ninety days. The court may suspend all or part of the ninety-day period of suspension upon a plea agreement executed by the defendant and the prosecutor. The court shall notify the department of licensing of the conviction and of any period of suspension and shall notify the department of the person's completion of any period of suspension. Upon receiving notification of the conviction, or if applicable, upon receiving notification of the completion of any period of suspension, the department shall issue the offender a probationary license in accordance with RCW 46.20.355.

(2) A person whose driver's license is not in a probationary, suspended, or revoked status, and who has not been convicted of a violation of RCW 46.61.502 or 46.61.504 that was committed within five years before the commission of the current violation, and who either:

(a) Violates RCW 46.61.502(1)(a) or 46.61.504(1)(a) because of an alcohol concentration of 0.15 or more; or

(b) Violates RCW 46.61.502(1) (b) or (c) or 46.61.504(1) (b) or (c) and, because of the person's refusal to take a test offered pursuant to RCW 46.20.308, there is no test result indicating the person's alcohol concentration, is guilty of a gross misdemeanor and shall be punished as follows:

(i) By imprisonment for not less than two days nor more than one year. Forty-eight consecutive hours of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would impose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

(ii) By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

(iii) By suspension by the department of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of one hundred twenty days. The court shall notify the department of the conviction, and upon receiving notification of the conviction the department shall suspend the offender's license and shall issue the offender a probationary license in accordance with RCW 46.20.355.

(3) In exercising its discretion in setting penalties within the limits allowed by this section, the court shall particularly consider whether the person's driving at the time of the offense was responsible for injury or damage to another or another's property.

(4) Upon conviction under this section, the offender's driver's license is deemed to be in a probationary status for five years from the date of the issuance of a probationary license under RCW 46.20.355. Being on probationary status does not authorize a person to drive during any period of license suspension imposed as a penalty for the infraction.

(5) An offender punishable under this section is subject to the alcohol assessment and treatment provisions of RCW 46.61.5056.

(6)(a) In addition to any nonsuspendable and nondeferrable jail sentence required by this section, 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 court shall impose conditions of probation that include: (i) Not driving a motor vehicle within this state without a valid license to drive and proof of financial responsibility for the future; (ii) not driving a motor vehicle within this state while having an alcohol concentration of 0.08 or more within two hours after driving; and (iii) not refusing to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor. The court may impose conditions of probation that include 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 probation during the suspension period.

(b) For each violation of mandatory conditions of probation under (a) (i) and (ii) or (a) (i) and (iii) of this subsection, the court shall order the convicted person to be confined for thirty days, which shall not be suspended or deferred.

(c) For each incident involving a violation of a mandatory condition of probation imposed under this subsection, the license, permit, or privilege to drive of the person shall be suspended by the court for thirty days or, if such license, permit, or privilege to drive already is suspended, revoked, or denied at the time the finding of probation violation is made, the suspension, revocation, or denial then in effect shall be extended by thirty days. The court shall notify the department of any suspension, revocation, or denial or any extension of a suspension, revocation, or denial imposed under this subsection.

(i) Imprisonment for four days; and

(ii) A fee of three hundred dollars.

(b) The fee assessed under (a)(ii) of this subsection shall be collected by the clerk of the court and distributed as follows:

(i) Two hundred dollars shall be forwarded to the governing unit responsible for the jail where the offender has been sentenced, for use in the operation, supervision, or maintenance of the jail; and

(ii) One hundred dollars shall be retained by the local governing body and deposited as provided by law.

(8)(a) In addition to any other penalty prescribed in this section, if a person has been convicted under RCW 46.61.502 or 46.61.504 while a child under the age of eighteen years was a passenger in the vehicle at the time of the offense, and the person is convicted for a second time within five years of the date of the first conviction under RCW 46.61.502 or 46.61.504 while a child under the age of eighteen years was a passenger in the vehicle at the time of the offense, the court shall impose the following penalties, which may not be suspended or deferred:

(i) Imprisonment for eight days; and

(ii) A fee of six hundred dollars.

(b) The fee assessed under (a)(ii) of this subsection shall be collected by the clerk of the court and distributed as follows:

(i) Four hundred dollars shall be forwarded to the governing unit responsible for the jail where the offender has been sentenced, for use in the operation, supervision, or maintenance of the jail; and

(ii) Two hundred dollars shall be retained by the local governing body and deposited as provided by law.

(9)(a) In addition to any other penalty prescribed in this section, if a person has been convicted under RCW 46.61.502 or 46.61.504 while a child under the age of eighteen years was a passenger in the vehicle at the time of the offense, and the person is convicted for a third or subsequent time within five years of the date of the first conviction under RCW 46.61.502 or 46.61.504 while a child under the age of eighteen years was a passenger in the vehicle at the time of the offense, the court shall impose the following penalties, which may not be suspended or deferred:

(i) Imprisonment for twenty days; and

(ii) A fee of two thousand dollars.

(b) The fee assessed under (a)(ii) of this subsection shall be collected by the clerk of the court and distributed as follows:

(i) One thousand five hundred dollars shall be forwarded to the governing unit responsible for the jail where the offender has been sentenced, for use in the operation, supervision, or maintenance of the jail; and

(ii) Five hundred dollars shall be retained by the local governing body and deposited as provided by law.

Sec. 2. RCW 46.61.5052 and 1994 c 275 s 5 are each amended to read as follows:

(1) A person whose driver's license is in a probationary status and who violates RCW 46.61.502(1)(a) or 46.61.504(1)(a) because of an alcohol concentration of at least 0.10 but less than 0.15 is guilty of a gross misdemeanor and shall be punished as follows:

(a) By imprisonment for not less than seven days nor more than one year. Seven consecutive days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would pose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

(b) By a fine of not less than five hundred dollars nor more than five thousand dollars. Five hundred dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

(c) By suspension of the offender's license or permit to drive, or suspension of any nonresident privilege to drive, for a period of one year. The court shall notify the department of the conviction, and upon receiving notification the department shall suspend the offender's license and shall issue the offender a probationary license in accordance with RCW 46.20.355.

(2) A person whose driver's license is in a probationary status and who either:

(a) Violates RCW 46.61.502(1)(a) or 46.61.504(1)(a) because of an alcohol concentration of 0.15 or more; or

(i) By imprisonment for not less than ten days nor more than one year. Ten consecutive days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would pose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

(ii) By a fine of not less than seven hundred fifty dollars nor more than five thousand dollars. Seven hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

(iii) By revocation of the offender's license or permit to drive or of any nonresident privilege to drive, for a period of four hundred fifty days. The court shall notify the department of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license, and upon determining that the offender is otherwise qualified in accordance with RCW 46.20.311, the department shall issue the offender a probationary license in accordance with RCW 46.20.355.

(4) An offender punishable under this section is subject to the alcohol assessment and treatment provisions of RCW 46.61.5056. An offender punishable under subsection (1) or (2) of this section is subject to the vehicle seizure and forfeiture provisions of RCW ((~~46.61.511~~)) 46.61.5058. No offender punishable under this section is eligible for an occupational license under RCW 46.20.391.

(5)(a) In addition to any nonsuspendable and nondeferrable jail sentence required by this section, 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 court shall impose conditions of probation that include: (i) Not driving a motor vehicle within this state without a valid license to drive and proof of financial responsibility for the future; (ii) not driving a motor vehicle within this state while having an alcohol concentration of 0.08 or more within two hours after driving; and (iii) not refusing to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor. The court may impose conditions of probation that include 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 probation during the suspension period.

(i) Imprisonment for four days; and

(ii) A fee of three hundred dollars.

(b) The fee assessed under (a)(ii) of this subsection shall be collected by the clerk of the court and distributed as follows:

(i) Two hundred dollars shall be forwarded to the governing unit responsible for the jail where the offender has been sentenced, for use in the operation, supervision or maintenance of the jail; and

(ii) One hundred dollars shall be retained by the local governing body and deposited as provided by law.

(7)(a) In addition to any other penalty prescribed in this section, if a person has been convicted under RCW 46.61.502 or 46.61.504 while a child under the age of eighteen years was a passenger in the vehicle at the time of the offense, and the person is convicted for a second time within five years of the date of the first conviction under RCW 46.61.502 or 46.61.504 while a child under the age of eighteen years was a passenger in the vehicle at the time of the offense, the court shall impose the following penalties, which may not be suspended or deferred:

(i) Imprisonment for eight days; and

(ii) A fee of six hundred dollars.

(b) The fee assessed under (a)(ii) of this subsection shall be collected by the clerk of the court and distributed as follows:

(ii) Two hundred dollars shall be retained by the local governing body and deposited as provided by law.

(8)(a) In addition to any other penalty prescribed in this section, if a person has been convicted under RCW 46.61.502 or 46.61.504 while a child under the age of eighteen years was a passenger in the vehicle at the time of the offense, and the person is convicted for a third or subsequent time within five years of the date of the first conviction under RCW 46.61.502 or 46.61.504 while a child under the age of eighteen years was a passenger in the vehicle at the time of the offense, the court shall impose the following penalties, which may not be suspended or deferred:

(i) Imprisonment for twenty days; and

(ii) A fee of two thousand dollars.

(b) The fee assessed under (a)(ii) of this subsection shall be collected by the clerk of the court and distributed as follows:

(ii) Five hundred dollars shall be retained by the local governing body and deposited as provided by law.

Sec. 3. RCW 46.61.5053 and 1994 c 275 s 6 are each amended to read as follows:

(1) A person who violates RCW 46.61.502 or 46.61.504 and who either has a driver's license in a suspended or revoked status or who has been convicted under RCW 46.61.5052 or 46.61.502 or 46.61.504 of an offense that was committed within five years before the commission of the current violation, is guilty of a gross misdemeanor and shall be punished as follows:

(a) By imprisonment for not less than ninety days nor more than one year. Ninety consecutive days of the imprisonment may not be suspended or deferred unless the court finds that the imposition of this mandatory minimum sentence would pose a substantial risk to the offender's physical or mental well-being. Whenever the mandatory minimum sentence is suspended or deferred, the court shall state in writing the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based; and

(b) By a fine of not less than seven hundred fifty dollars nor more than five thousand dollars. Seven hundred fifty dollars of the fine may not be suspended or deferred unless the court finds the offender to be indigent; and

(c) By revocation by the department of licensing of the offender's license or permit to drive or of any nonresident privilege to drive, for a period of two years. The court shall notify the department of the conviction, and upon receiving notification of the conviction the department shall revoke the offender's license. Following the revocation and upon determining that the offender is otherwise qualified in accordance with RCW 46.20.311, the department shall issue the offender a probationary license in accordance with RCW 46.20.355.

(2) In exercising its discretion in setting penalties within the limits allowed by this section, the court shall particularly consider whether the person's driving at the time of the offense was responsible for injury or damage to another or another's property.

(3) An offender punishable under this section is subject to the alcohol assessment and treatment provisions of RCW 46.61.5056. An offender punishable under this section is subject to the vehicle seizure and forfeiture provisions of RCW ((~~46.61.511~~)) 46.61.5058. No offender punishable under this section is eligible for an occupational license under RCW 46.20.391.

(4)(a) In addition to any nonsuspendable and nondeferrable jail sentence required by this section, 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 court shall impose conditions of probation that include: (i) Not driving a motor vehicle within this state without a valid license to drive and proof of financial responsibility for the future; (ii) not driving a motor vehicle within this state while having an alcohol concentration of 0.08 or more within two hours after driving; and (iii) not refusing to submit to a test of his or her breath or blood to determine alcohol concentration upon request of a law enforcement officer who has reasonable grounds to believe the person was driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor. The court may impose conditions of probation that include 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 probation during the suspension period.

(5)(a) In addition to any other penalty prescribed in this section, if a person has been convicted under RCW 46.61.502 or 46.61.504 while a child under the age of eighteen years was a passenger in the vehicle at the time of the offense, the court shall impose the following penalties, which may not be suspended or deferred:

(i) Imprisonment for four days; and

(ii) A fee of three hundred dollars.

(b) The fee assessed under (a)(ii) of this subsection shall be collected by the clerk of the court and distributed as follows:

(i) Two hundred dollars shall be forwarded to the governing unit responsible for the jail where the offender has been sentenced, for use in the operation, supervision, or maintenance of the jail; and

(ii) One hundred dollars shall be retained by the local governing body and deposited as provided by law.

(6)(a) In addition to any other penalty prescribed in this section, if a person has been convicted under RCW 46.61.502 or 46.61.504 while a child under the age of eighteen years was a passenger in the vehicle at the time of the offense, and the person is convicted for a second time within five years of the date of the first conviction under RCW 46.61.502 or 46.61.504 while a child under the age of eighteen years was a passenger in the vehicle at the time of the offense, the court shall impose the following penalties, which may not be suspended or deferred:

(i) Imprisonment for eight days; and

(ii) A fee of six hundred dollars.

(b) The fee assessed under (a)(ii) of this subsection shall be collected by the clerk of the court and distributed as follows:

(ii) Two hundred dollars shall be retained by the local governing body and deposited as provided by law.

(7)(a) In addition to any other penalty prescribed in this section, if a person has been convicted under RCW 46.61.502 or 46.61.504 while a child under the age of eighteen years was a passenger in the vehicle at the time of the offense, and the person is convicted for a third or subsequent time within five years of the date of the first conviction under RCW 46.61.502 or 46.61.504 while a child under the age of eighteen years was a passenger in the vehicle at the time of the offense, the court shall impose the following penalties, which may not be suspended or deferred:

(i) Imprisonment for twenty days; and

(ii) A fee of two thousand dollars.

(b) The fee assessed under (a)(ii) of this subsection shall be collected by the clerk of the court and distributed as follows:

(ii) Five hundred dollars shall be retained by the local governing body and deposited as provided by law.