AN ACT Relating to
probationary licenses and reissue charges for alcohol-related offenses;
amending RCW 46.20.355 and 46.61.--- (section 5, chapter
. . . (SSB 5141), Laws of 1995); and providing an effective
date.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 46.20.355 and 1995 c
. . . (SSB 5141) s 4 are each amended to read as follows:
(1) Upon placing a
license, permit, or privilege to drive in probationary status under RCW
46.20.---(2)(a) (section 3(2)(a), chapter . . . (SSB 5141), Laws of
1995), or upon receipt of an abstract indicating a deferred prosecution has
been granted under RCW 10.05.060, or upon receipt of a notice of conviction
of RCW 46.61.502 or 46.61.504, the department of licensing shall order the
person to surrender 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) The department
shall place a person's driving privilege in probationary status as required by
RCW 10.05.060 ((or)), 46.20.308, or 46.61.--- (section 5,
chapter . . . (SSB 5141), Laws of 1995) 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 RCW 46.20.---(2)(a)
(section 3(2)(a), chapter . . . (SSB 5141), Laws of 1995), or upon
reinstatement or reissuance of a driver's license suspended or revoked as the
result of a conviction of RCW 46.61.502 or 46.61.504, 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 renewal of a probationary license under this section, the department
shall charge a fee 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.
(5) A probationary
license shall enable the department and law enforcement personnel to determine
that the person is on probationary status. 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.
Sec. 2. RCW 46.61.--- and 1995 c
. . . (SSB 5141) s 5 are each amended 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) After expiration
of any period of suspension or revocation of the offender's license, permit, or
privilege to drive required by this section, the department shall place the
offender's driving privilege in probationary status pursuant to RCW 46.20.355.
(7)(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)))(8)(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.
NEW SECTION. Sec.
3. This act shall take
effect September 1, 1995.
