AN ACT Relating to
offenses involving alcohol or drugs; amending RCW 46.20.308, 46.20.309,
46.20.355, 46.61.5058, 3.62.090, 35.21.165, 36.32.127, 46.04.480, 46.20.311,
46.20.391, 46.61.5054, 46.61.5056, 46.61.5151, 46.04.015, and 46.61.506;
reenacting and amending RCW 46.63.020; adding a new section to chapter 46.20
RCW; adding new sections to chapter 46.61 RCW; adding a new section to chapter
46.04 RCW; recodifying RCW 46.20.309; repealing RCW 46.20.365, 46.61.5051,
46.61.5052, and 46.61.5053; repealing 1994 c 275 s 44 (uncodified); prescribing
penalties; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
PART I - IMPLIED CONSENT AND ADMINISTRATIVE REVOCATION
Sec. 1. RCW 46.20.308 and 1994 c
275 s 13 are each amended to read as follows:
(1) Any person who
operates a motor vehicle within this state is deemed to have given consent, subject
to the provisions of RCW 46.61.506, to a test or tests of his or her breath or
blood for the purpose of determining the ((alcoholic content of)) alcohol
concentration or presence of any drug in his or her breath or blood if
arrested for any offense where, at the time of the arrest, the arresting
officer has reasonable grounds to believe the person had been driving or was in
actual physical control of a motor vehicle while under the influence of
intoxicating liquor or any drug or was in violation of RCW 46.20.309 (as
recodified by this act).
(2) The test or tests
of breath shall be administered at the direction of a law enforcement officer
having reasonable grounds to believe the person to have been driving or in
actual physical control of a motor vehicle within this state while under the
influence of intoxicating liquor or the person to have been driving or in
actual physical control of a motor vehicle while having alcohol in a
concentration of 0.02 or more in his or her system and being under the age of
twenty-one. However, in those instances where((: (a))) the
person is incapable due to physical injury, physical incapacity, or other
physical limitation, of providing a breath sample((; or (b) as a result of a
traffic accident)) or where the person is being treated ((for a
medical condition)) in a hospital, clinic, doctor's office, emergency
medical vehicle, ambulance, or other similar facility in which a breath
testing instrument is not present or where the officer has reasonable
grounds to believe that the person is under the influence of a drug, a
blood test shall be administered by a qualified person as provided in RCW
46.61.506(4). The officer shall inform the person of his or her right to
refuse the breath or blood test, and of his or her right to have additional
tests administered by any qualified person of his or her choosing as provided
in RCW 46.61.506. The officer shall warn the driver that:
(a) His or her license,
permit, or privilege to drive will be revoked or denied if he or she
refuses to submit to the test((, and (b) that));
(b) His or her
license, permit, or privilege to drive will be suspended, revoked, denied, or
placed in probationary status if the test is administered and the test
indicates the alcohol concentration of the person's breath or blood is 0.10 or
more, in the case of a person age twenty-one or over, or 0.02 or more in the
case of a person under age twenty-one; and
(c) His or her
refusal to take the test may be used in a criminal trial.
(3) Except as provided
in this section, the test administered shall be of the breath only. If an
individual is unconscious or is under arrest for the crime of vehicular
homicide as provided in RCW 46.61.520 or vehicular assault as provided in RCW
46.61.522, or if an individual is under arrest for the crime of driving while
under the influence of intoxicating liquor or drugs as provided in RCW
46.61.502, which arrest results from an accident in which there has been
serious bodily injury to another person ((has been injured and there is
a reasonable likelihood that such other person may die as a result of injuries
sustained in the accident)), a breath or blood test may be administered
without the consent of the individual so arrested.
(4) Any person who is
dead, unconscious, or who is otherwise in a condition rendering him or her
incapable of refusal, shall be deemed not to have withdrawn the consent
provided by subsection (1) of this section and the test or tests may be
administered, subject to the provisions of RCW 46.61.506, and the person shall
be deemed to have received the warnings required under subsection (2) of this
section.
(5) If, following his
or her arrest and receipt of warnings under subsection (2) of this section, the
person arrested refuses upon the request of a law enforcement officer to submit
to a test or tests of his or her breath or blood, no test shall be given except
as authorized under subsection (3) or (4) of this section.
(6) If, after arrest
and after the other applicable conditions and requirements of this section have
been satisfied, a test or tests of the person's blood or breath is administered
and the test results indicate that the alcohol concentration of the person's
breath or blood is 0.10 or more if the person is age twenty-one or over, or is
0.02 or more if the person is under the age of twenty-one, or the person
refuses to submit to a test, the arresting officer or other law enforcement
officer at whose direction any test has been given, or the department, where
applicable, if the arrest results in a test of the person's blood, shall:
(a) Serve notice in
writing on the person on behalf of the department of its intention to suspend,
revoke, deny, or place in probationary status the person's license, permit, or
privilege to drive as required by subsection (7) of this section;
(b) Serve notice in
writing on the person on behalf of the department of his or her right to a
hearing, specifying the steps he or she must take to obtain a hearing as
provided by subsection (8) of this section;
(c) Mark the
person's Washington state driver's license or permit to drive, if any, in a
manner authorized by the department;
(d) Serve notice in
writing that the marked license or permit, if any, is a temporary license that
is valid for sixty days from the date of arrest or from the date notice has
been given in the event notice is given by the department following a blood
test, or until the suspension, revocation, or denial of the person's license,
permit, or privilege to drive is sustained at a hearing pursuant to subsection
(8) of this section, whichever occurs first. No temporary license is valid to
any greater degree than the license or permit that it replaces; and
(e) Immediately
notify the department of the arrest and transmit to the department within
seventy-two hours, except as delayed as the result of a blood test, a sworn
report or report under a declaration authorized by RCW 9A.72.085 that states:
(i) That the officer
had reasonable grounds to believe the arrested person had been driving or was
in actual physical control of a motor vehicle within this state while under the
influence of intoxicating liquor or drugs, or both, or was under the age of
twenty-one years and had been driving or was in actual physical control of a
motor vehicle while having an alcohol concentration of 0.02 or more;
(ii) That after
receipt of the warnings required by subsection (2) of this section the person
refused to submit to a test of his or her blood or breath, or a test was
administered and the results indicated that the alcohol concentration of the
person's breath or blood was 0.10 or more if the person is age twenty-one or
over, or was 0.02 or more if the person is under the age of twenty-one; and
(iii) Any other
information that the director may require by rule.
(7) The
department of licensing, upon the receipt of a sworn report ((of the law
enforcement officer that the officer had reasonable grounds to believe the
arrested person had been driving or was in actual physical control of a motor
vehicle within this state while under the influence of intoxicating liquor and
that the person had refused to submit to the test or tests upon the request of
the law enforcement officer after being informed that refusal would result in
the revocation of the person's privilege to drive)) or report under a
declaration authorized by RCW 9A.72.085 under subsection (6)(e) of this section,
shall suspend, revoke, deny, or place in probationary status the
person's license ((or)), permit, or privilege to drive or
any nonresident operating privilege, as provided in section 3 of this act,
such suspension, revocation, denial, or placement in probationary status to be
effective beginning sixty days from the date of arrest or from the date notice
has been given in the event notice is given by the department following a blood
test, or when sustained at a hearing pursuant to subsection (8) of this
section, whichever occurs first.
(((7) Upon revoking
the license or permit to drive or the nonresident operating privilege of any
person, the department shall immediately notify the person involved in writing
by personal service or by certified mail of its decision and the grounds
therefor, and of the person's right to a hearing, specifying the steps he or
she must take to obtain a hearing. Within fifteen days after the notice has
been given, the person may, in writing, request a formal hearing. The person
shall pay a fee of one hundred dollars as part of the request.))
(8) A person
receiving notification under subsection (6)(b) of this section may, within
thirty days after the notice has been given, request in writing a formal
hearing before the department. The person shall pay a fee of one hundred
dollars as part of the request. If the request is mailed, it must be
postmarked within thirty days after receipt of the notification. Upon timely
receipt of such a request ((and such fee)) for a formal
hearing, including receipt of the required one hundred dollar fee, the department
shall afford the person an opportunity for a hearing ((as provided in)).
Except as otherwise provided in this section, the hearing is subject to and
shall be scheduled and conducted in accordance with RCW 46.20.329 and
46.20.332. The hearing shall be conducted in the county of the arrest,
except that all or part of the hearing may, at the discretion of the
department, be conducted by telephone or other electronic means. The hearing
shall be held within sixty days following the arrest or following the date
notice has been given in the event notice is given by the department following
a blood test, unless otherwise agreed to by the department and the person, in
which case the action by the department shall be stayed, and any valid
temporary license marked under subsection (6)(c) of this section extended, if
the person is otherwise eligible for licensing. For the purposes of this
section, the scope of ((such)) the hearing shall cover the issues
of whether a law enforcement officer had reasonable grounds to believe the
person had been driving or was in actual physical control of a motor vehicle
within this state while under the influence of intoxicating liquor or any
drug or had been driving or was in actual physical control of a motor vehicle
within this state while having alcohol in his or her system in a concentration
of 0.02 or more and was under the age of twenty-one, whether the person was
placed under arrest, and (a) whether the person refused to submit to the
test or tests upon request of the officer after having been informed that such
refusal would result in the revocation of the person's license, permit, or
privilege to drive, or (b) if a test or tests were administered, whether the
applicable requirements of this section were satisfied before the
administration of the test or tests, whether the person submitted to the test
or tests, or whether a test was administered without express consent as
permitted under this section, and whether the test or tests indicated that the
alcohol concentration of the person's breath or blood was 0.10 or more if the
person was age twenty-one or over at the time of the arrest, or was 0.02 or
more if the person was under the age of twenty-one at the time of the arrest.
The sworn report or report under a declaration authorized by RCW 9A.72.085
submitted by a law enforcement officer is prima facie evidence that the officer
had reasonable grounds to believe the person had been driving or was in actual
physical control of a motor vehicle within this state while under the influence
of intoxicating liquor or drugs, or both, or the person had been driving or was
in actual physical control of a motor vehicle within this state while having
alcohol in his or her system in a concentration of 0.02 or more and was under
the age of twenty-one and that the officer complied with the requirements of
this section.
A hearing officer
shall conduct the hearing, may issue subpoenas for the attendance of witnesses
and the production of documents, and shall administer oaths to witnesses. The
hearing officer shall not issue a subpoena for the attendance of a witness at
the request of the person unless the request is accompanied by the fee required
by RCW 5.56.010 for a witness in district court. The sworn report or report
under a declaration authorized by RCW 9A.72.085 of the law enforcement officer
and any other evidence accompanying the report shall be admissible without
further evidentiary foundation and the certifications authorized by the
criminal rules for courts of limited jurisdiction shall be admissible without
further evidentiary foundation. The person may be represented by counsel, may
question witnesses, may present evidence, and may testify. The department
shall order that the suspension, revocation, denial, or placement in
probationary status either be rescinded or sustained. ((Any decision by
the department revoking a person's driving privilege shall be stayed and shall
not take effect while a formal hearing is pending as provided in this section
or during the pendency of a subsequent appeal to superior court so long as
there is no conviction for a moving violation or no finding that the person has
committed a traffic infraction that is a moving violation during pendency of
the hearing and appeal.
(8))) (9) If the suspension,
revocation, denial, or placement in probationary status is sustained
after such a hearing, the person whose license, privilege, or permit is suspended,
revoked, denied, or placed in probationary status has the right to file
a petition in the superior court of the county of arrest to review the final
order of revocation by the department in the same manner ((provided
in RCW 46.20.334)) as an appeal from a decision of a court of limited
jurisdiction. The appellant must pay the costs associated with obtaining the
record of the hearing before the hearing officer. The filing of the appeal
does not stay the effective date of the suspension, revocation, denial, or
placement in probationary status. A petition filed under this subsection must
include the petitioner's grounds for requesting review. Upon granting
petitioner's request for review, the court shall review the department's final
order of suspension, revocation, denial, or placement in probationary status as
expeditiously as possible. If judicial relief is sought for a stay or other
temporary remedy from the department's action, the court shall not grant such
relief unless the court finds that the appellant is likely to prevail in the
appeal and that without a stay the appellant will suffer irreparable injury.
If the court stays the suspension, revocation, denial, or placement in
probationary status it may impose conditions on such stay.
(10) If a person
whose driver's license, permit, or privilege to drive has been or will be
suspended, revoked, denied, or placed in probationary status under subsection
(7) of this section, other than as a result of a breath test refusal, and who
has not committed an offense within the last five years for which he or she was
granted a deferred prosecution under chapter 10.05 RCW, petitions a court for a
deferred prosecution on criminal charges arising out of the arrest for which
action has been or will be taken under subsection (7) of this section, the
court may direct the department to stay any actual or proposed suspension,
revocation, denial, or placement in probationary status for at least forty-five
days but not more than ninety days. If the court stays the suspension,
revocation, denial, or placement in probationary status, it may impose
conditions on such stay. If the person is otherwise eligible for licensing,
the department shall issue a temporary license, or extend any valid temporary
license marked under subsection (6) of this section, for the period of the
stay. If a deferred prosecution treatment plan is not recommended in the
report made under RCW 10.05.050, or if treatment is rejected by the court, or
if the person declines to accept an offered treatment plan, or if the person
violates any condition imposed by the court, then the court shall immediately
direct the department to cancel the stay and any temporary marked license or
extension of a temporary license issued under this subsection.
A suspension,
revocation, or denial imposed under this section, other than as a result of a
breath test refusal, shall be stayed if the person is accepted for deferred
prosecution as provided in chapter 10.05 RCW for the incident upon which the
suspension, revocation, or denial is based. If the deferred prosecution is
terminated, the stay shall be lifted and the suspension, revocation, or denial
reinstated. If the deferred prosecution is completed, the stay shall be lifted
and the suspension, revocation, or denial canceled.
(((9))) (11)
When it has been finally determined under the procedures of this section that a
nonresident's privilege to operate a motor vehicle in this state has been suspended,
revoked, or denied, the department shall give information in writing of
the action taken to the motor vehicle administrator of the state of the
person's residence and of any state in which he or she has a license.
Sec. 2. RCW 46.20.309 and 1994 c
275 s 10 are each amended to read as follows:
(1) Notwithstanding any
other provision of this title, a person ((under the age of twenty-one may
not drive, operate, or be in physical control of a motor vehicle while having
alcohol in his or her system in a concentration of 0.02 or above.
(2) A person under
the age of twenty-one who drives or is in physical control of a motor vehicle
within this state is deemed to have given consent, subject to the relevant
portions of RCW 46.61.506, to be detained long enough, and be transported if
necessary, to take a test or tests of that person's blood or breath for the
purpose of determining the alcohol concentration in his or her system.
(3) A test or tests
may be administered at the direction of a law enforcement officer, who after
stopping or detaining the driver, has reasonable grounds to believe that the
driver was driving or in actual physical control of a motor vehicle while
having alcohol in his or her system.
(4) The law
enforcement officer requesting the test or tests under subsection (2) of this
section shall warn the person requested to submit to the test that a refusal to
submit will result in that person's driver's license or driving privilege being
revoked.
(5) If the person
refuses testing, or submits to a test that discloses an alcohol concentration
of 0.02 or more, the law enforcement officer shall:
(a) Serve the person
notice in writing on behalf of the department of licensing of its intention to
suspend, revoke, or deny the person's license, permit, or privilege to drive;
(b) Serve the person
notice in writing on behalf of the department of licensing of the person's
right to a hearing, specifying the steps required to obtain a hearing;
(c) Confiscate the
person's Washington state license or permit to drive, if any, and issue a
temporary license to replace any confiscated license or permit. The temporary
license shall be valid for thirty days from the date of the traffic stop or
until the suspension or revocation of the person's license or permit is
sustained at a hearing as provided by subsection (7) of this section, whichever
occurs first. No temporary license is valid to any greater degree than the
license or permit it replaces;
(d) Notify the
department of licensing of the traffic stop, and transmit to the department any
confiscated license or permit and a sworn report stating:
(i) That the officer
had reasonable grounds to believe the person was driving or in actual physical
control of a motor vehicle within this state with alcohol in his or her system;
(ii) That pursuant
to this section a test of the person's alcohol concentration was administered
or that the person refused to be tested;
(iii) If
administered, that the test indicated the person's alcohol concentration was
0.02 or higher; and
(iv) Any other
information that the department may require by rule.
(6) Upon receipt of
the sworn report of a law enforcement officer under subsection (5) of this
section, the department shall suspend or revoke the driver's license or driving
privilege beginning thirty days from the date of the traffic stop or beginning
when the suspension, revocation, or denial is sustained at a hearing as
provided by subsection (7) of this section. Within fifteen days after notice
of a suspension or revocation has been given, the person may, in writing,
request a formal hearing. If such a request is not made within the prescribed
time the right to a hearing is waived. Upon receipt of such request, the
department shall afford the person an opportunity for a hearing as provided in
RCW 46.20.329 and 46.20.332. The hearing shall be conducted in the county of
the arrest. For the purposes of this section, the hearing shall cover the
issues of whether a law enforcement officer had reasonable grounds to believe
the person had been driving or was in actual physical control of a motor
vehicle within this state while having alcohol in his or her system, whether
the person refused to submit to the test or tests upon request of the officer
after having been informed that the refusal would result in the revocation of
the person's driver's license or driving privilege, and, if the test or tests
of the person's breath or blood was administered, whether the results indicated
an alcohol concentration of 0.02 or more. The department shall order that the
suspension or revocation of the person's driver's license or driving privilege
either be rescinded or sustained. Any decision by the department suspending or
revoking a person's driver's license or driving privilege is stayed and does
not take effect while a formal hearing is pending under this section or during
the pendency of a subsequent appeal to superior court so long as there is no
conviction for a moving violation or no finding that the person has committed a
traffic infraction that is a moving violation during the pendency of the
hearing and appeal. If the suspension or revocation of the person's driver's
license or driving privilege is sustained after the hearing, the person may
file a petition in the superior court of the county of arrest to review the
final order of suspension or revocation by the department in the manner
provided in RCW 46.20.334.
(7) The department
shall suspend or revoke the driver's license or driving privilege of a person
as required by this section as follows:
(a) In the case of a
person who has refused a test or tests:
(i) For a first
refusal within five years, revocation for one year;
(ii) For a second or
subsequent refusal within five years, revocation or denial for two years.
(b) In the case of
an incident where a person has submitted to a test or tests indicating an
alcohol concentration of 0.02 or more:
(i) For a first
incident within five years, suspension for ninety days;
(ii) For a second or
subsequent incident within five years, revocation for one year or until the
person reaches age twenty-one whichever occurs later.
(8) For purposes of
this section, "alcohol concentration" means (a) grams of alcohol per
two hundred ten liters of a person's breath, or (b) the percent by weight of
alcohol in a person's blood)) is
guilty of driving a motor vehicle after consuming alcohol if the person
operates a motor vehicle within this state and the person:
(a) Is under the age
of twenty-one;
(b) Has, within two
hours after operating the motor vehicle, an alcohol concentration of 0.02 or
more, as shown by analysis of the person's breath or blood made under RCW
46.61.506.
(2) It is an
affirmative defense to a violation of subsection (1) of this section which the
defendant must prove by a preponderance of the evidence that the defendant
consumed a sufficient quantity of alcohol after the time of driving and before
the administration of an analysis of the person's breath or blood to cause the
defendant's alcohol concentration to be 0.02 or more within two hours after
driving. The court shall not admit evidence of this defense unless the
defendant notifies the prosecution prior to the earlier of: (a) Seven days
prior to trial; or (b) the omnibus or pretrial hearing in the case of the
defendant's intent to assert the affirmative defense.
(3) Analyses of
blood or breath samples obtained more than two hours after the alleged driving
may be used as evidence that within two hours of the alleged driving, a person
had an alcohol concentration of 0.02 or more in violation of subsection (1) of
this section.
(4) A violation of
this section is a misdemeanor.
NEW SECTION. Sec.
3. A new section is added
to chapter 46.20 RCW to read as follows:
Pursuant to RCW
46.20.308, the department shall suspend, revoke, or deny the arrested person's
license, permit, or privilege to drive as follows:
(1) In the case of a
person who has refused a test or tests:
(a) For a first refusal
within five years, where there has not been a previous incident within five
years that resulted in administrative action under this section, revocation or
denial for one year;
(b) For a second or
subsequent refusal within five years, or for a first refusal where there has
been one or more previous incidents within five years that have resulted in
administrative action under this section, revocation or denial for two years or
until the person reaches age twenty-one, whichever is longer. A revocation
imposed under this subsection (1)(b) shall run consecutively to the period of
any suspension, revocation, or denial imposed pursuant to a criminal conviction
arising out of the same incident.
(2) In the case of an
incident where a person has submitted to or been administered a test or tests
indicating that the alcohol concentration of the person's breath or blood was
0.10 or more:
(a) For a first
incident within five years, where there has not been a previous incident within
five years that resulted in administrative action under this section, placement
in probationary status as provided in RCW 46.20.355;
(b) For a second or
subsequent incident within five years, revocation or denial for two years.
(3) In the case of an
incident where a person under age twenty-one has submitted to or been
administered a test or tests indicating that the alcohol concentration of the
person's breath or blood was 0.02 or more:
(a) For a first
incident within five years, suspension or denial for ninety days;
(b) For a second or
subsequent incident within five years, revocation or denial for one year or
until the person reaches age twenty-one, whichever is longer.
Sec. 4. RCW 46.20.355 and 1994 c
275 s 8 are each amended to read as follows:
(1) Upon ((notification
of a conviction under RCW 46.61.502 or 46.61.504 for which the issuance of a
probationary driver's license is required)) placing a license, permit,
or privilege to drive in probationary status under section 3(2)(a) of this act,
or upon receipt of an abstract indicating a deferred prosecution has been
granted under RCW 10.05.060, the department of licensing shall order the person
to surrender ((his or her)) any Washington state driver's license
that may be in his or her possession. The department shall revoke the
license, permit, or privilege to drive of any person who fails to
surrender it as required by this section for one year, unless the license
has been previously surrendered to the department, a law enforcement officer,
or a court, or the person has completed an affidavit of lost, stolen,
destroyed, or previously surrendered license, such revocation to take effect
thirty days after notice is given of the requirement for license surrender.
(2) ((Upon receipt
of the surrendered license, and following the expiration of any period of
license suspension or revocation, or following receipt of a sworn statement
under RCW 46.20.365 that requires issuance of a probationary license, the
department shall issue the person a probationary license if otherwise
qualified. The probationary license shall be renewed on the same cycle as the
person's regular license would have been renewed until five years after the
date of its issuance.)) The department shall place a person's driving
privilege in probationary status as required by RCW 10.05.060 or 46.20.308 for
a period of five years from the date the probationary status is required to go
into effect.
(3) Following
receipt of an abstract indicating a deferred prosecution has been granted under
RCW 10.05.060, or following receipt of a sworn report under RCW 46.20.308 that
requires immediate placement in probationary status under section 3(2)(a) of
this act, the department shall require the person to obtain a probationary
license in order to operate a motor vehicle in the state of Washington, except
as otherwise exempt under RCW 46.20.025. The department shall not issue the
probationary license unless the person is otherwise qualified for licensing,
and the person must renew the probationary license on the same cycle as the
person's regular license would have been renewed until the expiration of the
five-year probationary status period imposed under subsection (2) of this
section.
(4) For each original
issue or ((reissue)) renewal of a probationary license
under this section, the department ((may)) shall charge ((the))
a fee ((authorized under RCW 46.20.311 for the reissuance of a
license following a revocation for a violation of RCW 46.61.502 or 46.61.504))
of fifty dollars in addition to any other licensing fees required. Except
for when renewing a probationary license, the department shall waive the
fifty-dollar fee if the person has a probationary license in his or her
possession at the time a new probationary license is required.
(((4))) (5)
A probationary license shall enable the department and law enforcement
personnel to determine that the person is on probationary status((, including
the period of that status, for a violation of RCW 46.61.502 or 46.61.504 or
46.20.365)). ((That)) The fact that a person's driving
privilege is in probationary status or that the person has been issued a
probationary license shall not be a part of the person's record that is
available to insurance companies.
PART II - CRIMINAL SANCTIONS
NEW SECTION. Sec.
5. A new section is added
to chapter 46.61 RCW, to be codified between RCW 46.61.500 and 46.61.520, to
read as follows:
(1) A person who is
convicted of a violation of RCW 46.61.502 or 46.61.504 and who has no prior
offense within five years shall be punished as follows:
(a) In the case of a
person whose alcohol concentration was less than 0.15, or for whom for reasons
other than 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:
(i) 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
(ii) 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
(iii) 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 period of license,
permit, or privilege suspension may not be suspended. The court shall notify
the department of licensing of the conviction, and upon receiving notification
of the conviction the department shall suspend the offender's license, permit,
or privilege; or
(b) In the case of a
person whose alcohol concentration was at least 0.15, or for whom by reason 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:
(i) By imprisonment for
not less than two days nor more than one year. Two consecutive days 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 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 period of
license, permit, or privilege suspension may not be suspended. The court shall
notify the department of licensing of the conviction, and upon receiving
notification of the conviction the department shall suspend the offender's
license, permit, or privilege.
(2) A person who is
convicted of a violation of RCW 46.61.502 or 46.61.504 and who has one prior
offense within five years shall be punished as follows:
(a) In the case of a
person whose alcohol concentration was less than 0.15, or for whom for reasons
other than 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:
(i) By imprisonment for
not less than thirty days nor more than one year. Thirty days 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 revocation of
the offender's license or permit to drive, or suspension of any nonresident
privilege to drive, for a period of one year. The period of license, permit,
or privilege revocation may not be suspended. The court shall notify the
department of licensing of the conviction, and upon receiving notification of
the conviction the department shall revoke the offender's license, permit, or
privilege; or
(b) In the case of a
person whose alcohol concentration was at least 0.15, or for whom by reason 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:
(i) By imprisonment for
not less than forty-five days nor more than one year. Forty-five days 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 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 suspension of any nonresident
privilege to drive, for a period of four hundred fifty days. The period of
license, permit, or privilege revocation may not be suspended. The court shall
notify the department of licensing of the conviction, and upon receiving
notification of the conviction the department shall revoke the offender's
license, permit, or privilege.
(3) A person who is
convicted of a violation of RCW 46.61.502 or 46.61.504 and who has two or more
prior offenses within five years shall be punished as follows:
(a) In the case of a
person whose alcohol concentration was less than 0.15, or for whom for reasons
other than 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:
(i) By imprisonment for
not less than ninety days nor more than one year. Ninety days 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 one thousand dollars nor more than five thousand dollars. One
thousand 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 suspension of any nonresident
privilege to drive, for a period of two years. The period of license, permit,
or privilege revocation may not be suspended. The court shall notify the department
of licensing of the conviction, and upon receiving notification of the
conviction the department shall revoke the offender's license, permit, or
privilege; or
(b) In the case of a
person whose alcohol concentration was at least 0.15, or for whom by reason 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:
(i) By imprisonment for
not less than one hundred twenty days nor more than one year. One hundred twenty
days 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 one thousand five hundred dollars nor more than five thousand
dollars. One thousand five hundred 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 suspension of any nonresident
privilege to drive, for a period of three years. The period of license,
permit, or privilege revocation may not be suspended. The court shall notify
the department of licensing of the conviction, and upon receiving notification
of the conviction the department shall revoke the offender's license, permit,
or privilege.
(4) 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.
(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.
(7)(a) A "prior
offense" means any of the following:
(i) A conviction for a
violation of RCW 46.61.502 or an equivalent local ordinance;
(ii) A conviction for a
violation of RCW 46.61.504 or an equivalent local ordinance;
(iii) A conviction for
a violation of RCW 46.61.520 committed while under the influence of
intoxicating liquor or any drug;
(iv) A conviction for a
violation of RCW 46.61.522 committed while under the influence of intoxicating
liquor or any drug;
(v) An out-of-state
conviction for a violation that would have been a violation of (a)(i), (ii),
(iii), or (iv) of this subsection if committed in this state; or
(vi) A deferred
prosecution under chapter 10.05 RCW granted in a prosecution for a violation of
RCW 46.61.502, 46.61.504, or an equivalent local ordinance.
(b) "Within five
years" means that the arrest for a prior offense occurred within five
years of the arrest for the current offense.
Sec. 6. RCW 46.61.5058 and 1994
c 139 s 1 are each amended to read as follows:
(1) Upon the arrest of
a person or upon the filing of a complaint, citation, or information in a court
of competent jurisdiction, based upon probable cause to believe that a person has
violated RCW 46.61.502 or 46.61.504 or any similar municipal ordinance, if such
person has a ((previous conviction for violation of either RCW 46.61.502 or
46.61.504 or other similar municipal ordinance, and where the offense occurs
within a five-year period of the previous conviction)) prior offense
within five years as defined in section 5 of this act, and where the person
has been provided written notice that any transfer, sale, or encumbrance of
such person's interest in the vehicle over which that person was actually
driving or had physical control when the violation occurred, is unlawful
pending either acquittal, dismissal, sixty days after conviction, or other
termination of the charge, such person shall be prohibited from encumbering,
selling, or transferring his or her interest in such vehicle, except as
otherwise provided in (a), (b), and (c) of this subsection, until either
acquittal, dismissal, sixty days after conviction, or other termination of the
charge. The prohibition against transfer of title shall not be stayed pending
the determination of an appeal from the conviction.
(a) A vehicle
encumbered by a bona fide security interest may be transferred to the secured
party or to a person designated by the secured party;
(b) A leased or rented
vehicle may be transferred to the lessor, rental agency, or to a person
designated by the lessor or rental agency; and
(c) A vehicle may be
transferred to a third party or a vehicle dealer who is a bona fide purchaser
or may be subject to a bona fide security interest in the vehicle unless it is
established that (i) in the case of a purchase by a third party or vehicle
dealer, such party or dealer had actual notice that the vehicle was subject to
the prohibition prior to the purchase, or (ii) in the case of a security
interest, the holder of the security interest had actual notice that the
vehicle was subject to the prohibition prior to the encumbrance of title.
(2) On ((a second or
subsequent)) conviction for a violation of either RCW 46.61.502 or 46.61.504
or any similar municipal ordinance where ((such offense was committed within
a five-year period of the previous conviction)) the person convicted has
a prior offense within five years as defined in section 5 of this act, the
motor vehicle the person was driving or over which the person had actual
physical control at the time of the offense, if the person has a financial
interest in the vehicle, is subject to seizure and forfeiture pursuant to this
section.
(3) A vehicle subject
to forfeiture under this chapter may be seized by a law enforcement officer of
this state upon process issued by a court of competent jurisdiction. Seizure
of a vehicle may be made without process if the vehicle subject to seizure has
been the subject of a prior judgment in favor of the state in a forfeiture
proceeding based upon this section.
(4) Seizure under
subsection (3) of this section automatically commences proceedings for
forfeiture. The law enforcement agency under whose authority the seizure was
made shall cause notice of the seizure and intended forfeiture of the seized
vehicle to be served within fifteen days after the seizure on the owner of the
vehicle seized, on the person in charge of the vehicle, and on any person having
a known right or interest in the vehicle, including a community property
interest. The notice of seizure may be served by any method authorized by law
or court rule, including but not limited to service by certified mail with
return receipt requested. Service by mail is complete upon mailing within the
fifteen-day period after the seizure. Notice of seizure in the case of
property subject to a security interest that has been perfected on a
certificate of title shall be made by service upon the secured party or the
secured party's assignee at the address shown on the financing statement or the
certificate of title.
(5) If no person
notifies the seizing law enforcement agency in writing of the person's claim of
ownership or right to possession of the seized vehicle within forty-five days
of the seizure, the vehicle is deemed forfeited.
(6) If a person
notifies the seizing law enforcement agency in writing of the person's claim of
ownership or right to possession of the seized vehicle within forty-five days
of the seizure, the law enforcement agency shall give the person or persons a
reasonable opportunity to be heard as to the claim or right. The hearing shall
be before the chief law enforcement officer of the seizing agency or the chief
law enforcement officer's designee, except where the seizing agency is a state
agency as defined in RCW 34.12.020, the hearing shall be before the chief law
enforcement officer of the seizing agency or an administrative law judge
appointed under chapter 34.12 RCW, except that any person asserting a claim or
right may remove the matter to a court of competent jurisdiction. Removal may
only be accomplished according to the rules of civil procedure. The person
seeking removal of the matter must serve process against the state, county,
political subdivision, or municipality that operates the seizing agency, and
any other party of interest, in accordance with RCW 4.28.080 or 4.92.020,
within forty-five days after the person seeking removal has notified the
seizing law enforcement agency of the person's claim of ownership or right to
possession. The court to which the matter is to be removed shall be the
district court when the aggregate value of the vehicle is within the
jurisdictional limit set forth in RCW 3.66.020. A hearing before the seizing
agency and any appeal therefrom shall be under Title 34 RCW. In a court
hearing between two or more claimants to the vehicle involved, the prevailing
party shall be entitled to a judgment for costs and reasonable attorneys' fees.
The burden of producing evidence shall be upon the person claiming to be the
legal owner or the person claiming to have the lawful right to possession of
the vehicle. The seizing law enforcement agency shall promptly return the
vehicle to the claimant upon a determination by the administrative law judge or
court that the claimant is the present legal owner under Title 46 RCW or is
lawfully entitled to possession of the vehicle.
(7) When a vehicle is
forfeited under this chapter the seizing law enforcement agency may sell the
vehicle, retain it for official use, or upon application by a law enforcement
agency of this state release the vehicle to that agency for the exclusive use
of enforcing this title; provided, however, that the agency shall first satisfy
any bona fide security interest to which the vehicle is subject under
subsection (1) (a) or (c) of this section.
(8) When a vehicle is
forfeited, the seizing agency shall keep a record indicating the identity of
the prior owner, if known, a description of the vehicle, the disposition of the
vehicle, the value of the vehicle at the time of seizure, and the amount of
proceeds realized from disposition of the vehicle.
(9) Each seizing agency
shall retain records of forfeited vehicles for at least seven years.
(10) Each seizing
agency shall file a report including a copy of the records of forfeited
vehicles with the state treasurer each calendar quarter.
(11) The quarterly
report need not include a record of a forfeited vehicle that is still being
held for use as evidence during the investigation or prosecution of a case or
during the appeal from a conviction.
(12) By January 31st of
each year, each seizing agency shall remit to the state treasurer an amount
equal to ten percent of the net proceeds of vehicles forfeited during the
preceding calendar year. Money remitted shall be deposited in the public
safety and education account.
(13) The net proceeds
of a forfeited vehicle is the value of the forfeitable interest in the vehicle
after deducting the cost of satisfying a bona fide security interest to which
the vehicle is subject at the time of seizure; and in the case of a sold
vehicle, after deducting the cost of sale, including reasonable fees or
commissions paid to independent selling agents.
(14) The value of a
sold forfeited vehicle is the sale price. The value of a retained forfeited
vehicle is the fair market value of the vehicle at the time of seizure,
determined when possible by reference to an applicable commonly used index,
such as the index used by the department of licensing. A seizing agency may,
but need not, use an independent qualified appraiser to determine the value of
retained vehicles. If an appraiser is used, the value of the vehicle appraised
is net of the cost of the appraisal.
PART III - TECHNICAL AMENDMENTS
Sec. 7. RCW 3.62.090 and 1994 c
275 s 34 are each amended to read as follows:
(1) There shall be
assessed and collected in addition to any fines, forfeitures, or penalties
assessed, other than for parking infractions, by all courts organized under
Title 3 or 35 RCW a public safety and education assessment equal to sixty
percent of such fines, forfeitures, or penalties, which shall be remitted as
provided in chapters 3.46, 3.50, 3.62, and 35.20 RCW. The assessment required
by this section shall not be suspended or waived by the court.
(2) There shall be
assessed and collected in addition to any fines, forfeitures, or penalties
assessed, other than for parking infractions and for fines levied under ((RCW
46.61.5051, 46.61.5052, and 46.61.5053)) section 5 of this act, and
in addition to the public safety and education assessment required under
subsection (1) of this section, by all courts organized under Title 3 or 35
RCW, an additional public safety and education assessment equal to fifty
percent of the public safety and education assessment required under subsection
(1) of this section, which shall be remitted to the state treasurer and
deposited as provided in RCW 43.08.250. The additional assessment required by
this subsection shall not be suspended or waived by the court.
Sec. 8. RCW 35.21.165 and 1994 c
275 s 36 are each amended to read as follows:
Except as limited by
the maximum penalties authorized by law, no city or town may establish a
penalty for an act that constitutes the crime of driving while under the
influence of intoxicating liquor or any drug, as provided in RCW 46.61.502, or
the crime of being in actual physical control of a motor vehicle while under
the influence of intoxicating liquor or any drug, as provided in RCW 46.61.504,
that is less than the penalties prescribed for those crimes in ((RCW
46.61.5051, 46.61.5052, and 46.61.5053)) section 5 of this act.
Sec. 9. RCW 36.32.127 and 1994 c
275 s 37 are each amended to read as follows:
No county may establish
a penalty for an act that constitutes the crime of driving while under the
influence of intoxicating liquor or any drug, as provided for in RCW 46.61.502,
or the crime of being in actual physical control of a motor vehicle while under
the influence of intoxicating liquor or any drug, as provided in RCW 46.61.504,
that is less than the penalties prescribed for those crimes in ((RCW 46.61.5051,
46.61.5052, and 46.61.5053)) section 5 of this act.
Sec. 10. RCW 46.04.480 and 1994 c
275 s 38 are each amended to read as follows:
"Revoke," in
all its forms, means the invalidation for a period of one calendar year and
thereafter until reissue: PROVIDED, That under the provisions of RCW
46.20.285, 46.20.311, 46.20.265, ((46.61.5051, 46.61.5052, or 46.61.5053))
or section 5 of this act, and chapter 46.65 RCW the invalidation may
last for a period other than one calendar year.
Sec. 11. RCW 46.20.311 and 1994 c
275 s 27 are each amended to read as follows:
(1) The department
shall not suspend a driver's license or privilege to drive a motor vehicle on
the public highways for a fixed period of more than one year, except as
specifically permitted under RCW 46.20.342 or other provision of law. Except
for a suspension under RCW 46.20.289 and 46.20.291(5), whenever the license or
driving privilege of any person is suspended by reason of a conviction, a
finding that a traffic infraction has been committed, pursuant to chapter 46.29
RCW, or pursuant to RCW 46.20.291 or 46.20.308, the suspension shall
remain in effect until the person gives and thereafter maintains proof of
financial responsibility for the future as provided in chapter 46.29 RCW. If
the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, the
department shall determine the person's eligibility for licensing based upon
the reports provided by the alcoholism agency or probation department
designated under RCW 46.61.5056 and shall deny reinstatement until enrollment
and participation in an approved program has been established and the person is
otherwise qualified. The department shall not issue to the person a new,
duplicate, or renewal license until the person pays a reissue fee of twenty
dollars. If the suspension is the result of a violation of RCW 46.61.502 or
46.61.504, or is the result of administrative action under RCW 46.20.308,
the reissue fee shall be fifty dollars.
(2) Any person whose
license or privilege to drive a motor vehicle on the public highways has been
revoked, unless the revocation was for a cause which has been removed, is not
entitled to have the license or privilege renewed or restored until: (a) After
the expiration of one year from the date the license or privilege to drive was
revoked; (b) after the expiration of the applicable revocation period provided
by ((RCW 46.20.308 or 46.61.5052, 46.61.5053, or 46.20.365)) section
3 or 5 of this act; (c) after the expiration of two years for persons
convicted of vehicular homicide; or (d) after the expiration of the applicable
revocation period provided by RCW 46.20.265. After the expiration of the
appropriate period, the person may make application for a new license as
provided by law together with a reissue fee in the amount of twenty dollars,
but if the revocation is the result of a violation of RCW 46.20.308, 46.61.502,
or 46.61.504 ((or is the result of administrative action under RCW 46.20.365)),
the reissue fee shall be fifty dollars. If the revocation is the result of
a violation of RCW 46.61.502 or 46.61.504, the department shall determine the
person's eligibility for licensing based upon the reports provided by the
alcoholism agency or probation department designated under RCW 46.61.5056 and
shall deny reissuance of a license, permit, or privilege to drive until
enrollment and participation in an approved program has been established and
the person is otherwise qualified. Except for a revocation under RCW
46.20.265, the department shall not then issue a new license unless it is
satisfied after investigation of the driving ability of the person that it will
be safe to grant the privilege of driving a motor vehicle on the public highways,
and until the person gives and thereafter maintains proof of financial
responsibility for the future as provided in chapter 46.29 RCW. For a
revocation under RCW 46.20.265, the department shall not issue a new license
unless it is satisfied after investigation of the driving ability of the person
that it will be safe to grant that person the privilege of driving a motor
vehicle on the public highways.
(3) Whenever the
driver's license of any person is suspended pursuant to Article IV of the
nonresident violators compact or RCW 46.23.020 or 46.20.289 or 46.20.291(5),
the department shall not issue to the person any new or renewal license until
the person pays a reissue fee of twenty dollars. If the suspension is the
result of a violation of the laws of this or any other state, province, or
other jurisdiction involving (a) the operation or physical control of a motor
vehicle upon the public highways while under the influence of intoxicating
liquor or drugs, or (b) the refusal to submit to a chemical test of the
driver's blood alcohol content, the reissue fee shall be fifty dollars.
Sec. 12. RCW 46.20.391 and 1994 c
275 s 29 are each amended to read as follows:
(1) Any person licensed
under this chapter who is convicted of an offense relating to motor vehicles
for which suspension or revocation of the driver's license is mandatory, other
than vehicular homicide or vehicular assault, may submit to the department an
application for an occupational driver's license. The department, upon receipt
of the prescribed fee and upon determining that the petitioner is engaged in an
occupation or trade that makes it essential that the petitioner operate a motor
vehicle, may issue an occupational driver's license and may set definite restrictions
as provided in RCW 46.20.394. No person may petition for, and the department
shall not issue, an occupational driver's license that is effective during the
first thirty days of any suspension or revocation imposed for a violation of
RCW 46.61.502 or 46.61.504. ((No person may petition for, and the
department shall not issue, an occupational driver's license if the person is
ineligible for such a license under RCW 46.61.5052 or 46.61.5053.)) A
person aggrieved by the decision of the department on the application for an
occupational driver's license may request a hearing as provided by rule of the
department.
(2) An applicant for an
occupational driver's license is eligible to receive such license only if:
(a) Within one year
immediately preceding the date of the offense that gave rise to the present
conviction, the applicant has not committed ((of)) any (([committed
any])) offense relating to motor vehicles for which suspension or
revocation of a driver's license is mandatory; and
(b) Within five years
immediately preceding the date of the offense that gave rise to the present
conviction, the applicant has not committed any of the following offenses: (i)
Driving or being in actual physical control of a motor vehicle while under the
influence of intoxicating liquor; (ii) vehicular homicide under RCW 46.61.520;
or (iii) vehicular assault under RCW 46.61.522; and
(c) The applicant is
engaged in an occupation or trade that makes it essential that he or she
operate a motor vehicle; and
(d) The applicant files
satisfactory proof of financial responsibility pursuant to chapter 46.29 RCW.
(3) The director shall
cancel an occupational driver's license upon receipt of notice that the holder
thereof has been convicted of operating a motor vehicle in violation of its
restrictions, or of an offense that pursuant to chapter 46.20 RCW would warrant
suspension or revocation of a regular driver's license. The cancellation is
effective as of the date of the conviction, and continues with the same force
and effect as any suspension or revocation under this title.
Sec. 13. RCW 46.61.5054 and 1994
c 275 s 7 are each amended to read as follows:
(1)(a) In addition to
penalties set forth in RCW 46.61.5051 through 46.61.5053 until September 1,
1995, and section 5 of this act thereafter, 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.
(2) The fee assessed
under subsection (1) 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 3.46.120, 3.50.100, 35.20.220, 3.62.020,
3.62.040, or 10.82.070.
(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.
(3) This section
applies to any offense committed on or after July 1, 1993.
Sec. 14. RCW 46.61.5056 and 1994
c 275 s 9 are each amended to read as follows:
(1) A person subject to
alcohol assessment and treatment under ((RCW 46.61.5051, 46.61.5052, or
46.61.5053)) section 5 of this act shall be required by the court to
complete a course in an alcohol information school approved by the department
of social and health services or to complete more intensive treatment in a
program approved by the department of social and health services, as determined
by the court. The court shall notify the department of licensing whenever it
orders a person to complete a course or treatment program under this section.
(2) 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 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.
(3) Standards for
approval for alcohol treatment programs shall be prescribed by the department
of social and health services. The department of social and health services
shall periodically review the costs of alcohol information schools and
treatment programs.
(4) Any agency that
provides treatment ordered under ((RCW 46.61.5051, 46.61.5052, or 46.61.5053))
section 5 of this act, shall immediately report to the appropriate
probation department where applicable, otherwise to the court, and to the
department of licensing any noncompliance by a person with the conditions of
his or her ordered treatment. The court shall notify the department of
licensing and the department of social and health services of any failure by an
agency to so report noncompliance. Any agency with knowledge of noncompliance
that fails to so report shall be fined two hundred fifty dollars by the
department of social and health services. Upon three such failures by an
agency within one year, the department of social and health services shall
revoke the agency's approval under this section.
(5) The department of
licensing and the department of social and health services may adopt such rules
as are necessary to carry out this section.
Sec. 15. RCW 46.61.5151 and 1994
c 275 s 39 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 46.61.5051, 46.61.5052, or
46.61.5053)) section 5 of this act in nonconsecutive or intermittent
time periods. However, any mandatory minimum sentence under ((RCW
46.61.5051, 46.61.5052, or 46.61.5053)) section 5 of this act shall
be served consecutively unless suspended or deferred as otherwise provided by
law.
Sec. 16. RCW 46.63.020 and 1994 c
275 s 33 and 1994 c 141 s 2 are each reenacted and amended to read as follows:
Failure to perform any
act required or the performance of any act prohibited by this title or an
equivalent administrative regulation or local law, ordinance, regulation, or
resolution relating to traffic including parking, standing, stopping, and
pedestrian offenses, is designated as a traffic infraction and may not be
classified as a criminal offense, except for an offense contained in the
following provisions of this title or a violation of an equivalent
administrative regulation or local law, ordinance, regulation, or resolution:
(1) RCW 46.09.120(2) relating
to the operation of a nonhighway vehicle while under the influence of
intoxicating liquor or a controlled substance;
(2) RCW 46.09.130
relating to operation of nonhighway vehicles;
(3) RCW 46.10.090(2)
relating to the operation of a snowmobile while under the influence of
intoxicating liquor or narcotics or habit‑forming drugs or in a manner
endangering the person of another;
(4) RCW 46.10.130
relating to the operation of snowmobiles;
(5) Chapter 46.12 RCW
relating to certificates of ownership and registration;
(6) RCW 46.16.010
relating to initial registration of motor vehicles;
(7) RCW 46.16.011
relating to permitting unauthorized persons to drive;
(8) RCW 46.16.160
relating to vehicle trip permits;
(9) RCW 46.16.381 (6)
or (9) relating to unauthorized use or acquisition of a special placard or
license plate for disabled persons' parking;
(10) RCW 46.20.021
relating to driving without a valid driver's license;
(11) RCW 46.20.336
relating to the unlawful possession and use of a driver's license;
(12) RCW 46.20.342
relating to driving with a suspended or revoked license or status;
(13) RCW 46.20.410
relating to the violation of restrictions of an occupational driver's license;
(14) RCW 46.20.420 relating
to the operation of a motor vehicle with a suspended or revoked license;
(15) RCW 46.20.750
relating to assisting another person to start a vehicle equipped with an
ignition interlock device;
(16) RCW 46.25.170
relating to commercial driver's licenses;
(17) Chapter 46.29 RCW
relating to financial responsibility;
(18) RCW 46.30.040
relating to providing false evidence of financial responsibility;
(19) RCW 46.37.435
relating to wrongful installation of sunscreening material;
(20) RCW 46.44.180 relating
to operation of mobile home pilot vehicles;
(21) RCW 46.48.175
relating to the transportation of dangerous articles;
(22) RCW 46.52.010
relating to duty on striking an unattended car or other property;
(23) RCW 46.52.020
relating to duty in case of injury to or death of a person or damage to an
attended vehicle;
(24) RCW 46.52.090
relating to reports by repairmen, storagemen, and appraisers;
(25) RCW 46.52.100
relating to driving under the influence of liquor or drugs;
(26) RCW 46.52.130
relating to confidentiality of the driving record to be furnished to an
insurance company, an employer, and an alcohol/drug assessment or treatment
agency;
(27) RCW 46.55.020
relating to engaging in the activities of a registered tow truck operator
without a registration certificate;
(28) RCW 46.55.035
relating to prohibited practices by tow truck operators;
(29) RCW 46.61.015
relating to obedience to police officers, flagmen, or fire fighters;
(30) RCW 46.61.020
relating to refusal to give information to or cooperate with an officer;
(31) RCW 46.61.022
relating to failure to stop and give identification to an officer;
(32) RCW 46.61.024
relating to attempting to elude pursuing police vehicles;
(33) RCW 46.61.500
relating to reckless driving;
(34) RCW 46.61.502((,))
and 46.61.504((, 46.61.5051, 46.61.5052, and 46.61.5053))
relating to persons under the influence of intoxicating liquor or drugs;
(35) RCW 46.61.520
relating to vehicular homicide by motor vehicle;
(36) RCW 46.61.522
relating to vehicular assault;
(37) RCW 46.61.525
relating to negligent driving;
(38) RCW 46.61.527(4)
relating to reckless endangerment of roadway workers;
(39) RCW 46.61.530
relating to racing of vehicles on highways;
(40) RCW 46.61.685
relating to leaving children in an unattended vehicle with the motor running;
(41) RCW 46.64.010
relating to unlawful cancellation of or attempt to cancel a traffic citation;
(42) RCW 46.64.048
relating to attempting, aiding, abetting, coercing, and committing crimes;
(43) Chapter 46.65 RCW
relating to habitual traffic offenders;
(44) Chapter 46.70 RCW
relating to unfair motor vehicle business practices, except where that chapter
provides for the assessment of monetary penalties of a civil nature;
(45) Chapter 46.72 RCW
relating to the transportation of passengers in for hire vehicles;
(46) Chapter 46.80 RCW
relating to motor vehicle wreckers;
(47) Chapter 46.82 RCW
relating to driver's training schools;
(48) RCW 46.87.260
relating to alteration or forgery of a cab card, letter of authority, or other
temporary authority issued under chapter 46.87 RCW;
(49) RCW 46.87.290
relating to operation of an unregistered or unlicensed vehicle under chapter
46.87 RCW.
Sec. 17. RCW 46.04.015 and 1994 c
275 s 1 are each amended to read as follows:
"Alcohol
concentration" means (1) grams of alcohol per two hundred ten liters of a
person's breath, or (2) ((the percent by weight of alcohol in)) grams
of alcohol per one hundred milliliters of a person's blood.
Sec. 18. RCW 46.61.506 and 1994 c
275 s 26 are each amended to read as follows:
(1) Upon the trial of
any civil or criminal action or proceeding arising out of acts alleged to have
been committed by any person while driving or in actual physical control of a
vehicle while under the influence of intoxicating liquor or any drug, if the
person's alcohol concentration is less than 0.10, it is evidence that may be
considered with other competent evidence in determining whether the person was
under the influence of intoxicating liquor or any drug.
(2) The breath analysis
shall be based upon grams of alcohol per two hundred ten liters of breath. The
foregoing provisions of this section shall not be construed as limiting the
introduction of any other competent evidence bearing upon the question whether
the person was under the influence of intoxicating liquor or any drug.
(3) Analysis of the
person's blood or breath to be considered valid under the provisions of this
section or RCW 46.61.502 or 46.61.504 shall have been performed according to
methods approved by the state toxicologist and by an individual possessing a
valid permit issued by the state toxicologist for this purpose. The state
toxicologist is directed to approve satisfactory techniques or methods, to
supervise the examination of individuals to ascertain their qualifications and
competence to conduct such analyses, and to issue permits which shall be
subject to termination or revocation at the discretion of the state
toxicologist.
(4) When a blood test
is administered under the provisions of RCW 46.20.308, the withdrawal of blood
for the purpose of determining its alcoholic or drug content may be
performed only by a physician, a registered nurse, or a qualified technician.
This limitation shall not apply to the taking of breath specimens.
(5) The person tested
may have a physician, or a qualified technician, chemist, registered nurse, or
other qualified person of his or her own choosing administer one or more tests
in addition to any administered at the direction of a law enforcement officer.
The failure or inability to obtain an additional test by a person shall not
preclude the admission of evidence relating to the test or tests taken at the
direction of a law enforcement officer.
(6) Upon the request of
the person who shall submit to a test or tests at the request of a law
enforcement officer, full information concerning the test or tests shall be
made available to him or her or his or her attorney.
NEW SECTION. Sec.
19. A new section is added
to chapter 46.04 RCW to read as follows:
"Reasonable
grounds," when used in the context of a law enforcement officer's decision
to make an arrest, means probable cause.
NEW SECTION. Sec.
20. RCW 46.20.309 is
recodified as a section in chapter 46.61 RCW.
NEW SECTION. Sec.
21. The following acts or
parts of acts are each repealed:
(1) RCW 46.20.365 and 1994 c
275 s 12;
(2) RCW 46.61.5051 and 1994 c
275 s 4;
(3) RCW 46.61.5052 and 1994 c
275 s 5; and
(4) RCW 46.61.5053 and 1994 c
275 s 6.
NEW SECTION. Sec.
22. 1994 c 275 s 44
(uncodified) is hereby repealed.
NEW SECTION. Sec.
23. If any provision of this
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected.
NEW SECTION. Sec.
24. This act shall take
effect September 1, 1995, except for sections 13 and 22 of this act which are
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.
