2446-S AMS LAW S5335

2446-S AMS LAW S5335.1

SHB 2446 - S COMM AMD

By Committee on Law & Justice

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 46.20.3101 and 1995 c 332 s 3 are each amended 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~~)) five hundred forty days;

(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~~)) three 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;

(c) For a third or subsequent refusal within five years, or for a second refusal where there has been two or more previous incidents within five years that have resulted in administrative action under this section, revocation or denial for four years or until the person reaches age twenty-one, whichever is longer. A revocation imposed under this subsection (1)(c) runs consecutively to the period of any suspension, revocation, or denial imposed under 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.

(4) Ninety days after revocation or denial under subsection (2)(b) of this section, the person whose license or privilege has been revoked or denied may apply to the department for issuance of a temporary restricted license under RCW 46.20.391 with the requirement that the person have an ignition interlock or other biological or technical device installed on his or her vehicle and operate no other motor vehicle for the remainder of the term of revocation or denial. A temporary restricted license granted as the result of an application under this section extends through the period of any suspension, revocation, or denial imposed under a criminal conviction arising out of the same incident.

Sec. 2. RCW 46.20.380 and 1985 ex.s. c 1 s 6 are each amended to read as follows:

No person may file an application for ((~~an occupational~~)) a temporary restricted driver's license as provided in RCW 46.20.391 unless he or she first pays to the director or other person authorized to accept applications and fees for driver's licenses a fee of twenty-five dollars. The applicant shall receive upon payment an official receipt for the payment of such fee. All such fees shall be forwarded to the director who shall transmit such fees to the state treasurer in the same manner as other driver's license fees.

Sec. 3. RCW 46.20.391 and 1995 c 332 s 12 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, or any person authorized to apply under RCW 46.20.3101, or any person who has had his or her driver's license suspended or revoked for nonpayment of fines or for failure to have insurance, may submit to the department an application for ((~~an occupational~~)) a temporary restricted 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~~)) eligible to receive the license under subsection (3) of this section, may issue ((~~an occupational~~)) a temporary restricted 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~~)) a temporary restricted driver's license that is effective during a revocation imposed under RCW 46.20.3101(1) or the first:

(a) Thirty days of any suspension ((~~or revocation~~)) imposed ((~~for a violation of RCW 46.61.502 or 46.61.504~~)) under RCW 46.61.5055(1)(a);

(b) Thirty days of a revocation imposed under RCW 46.61.5055(1)(b);

(d) One year of a revocation imposed under RCW 46.61.5055 (2) or (3).

A petitioner under (b), (c), or (d) of this subsection must also agree to have an ignition interlock or other biological or technical device installed on his or her vehicle and operate no other motor vehicle during the term of revocation. A temporary restricted license issued after a suspension or revocation under RCW 46.61.5055 or 46.20.3101 extends through the entire period of any concurrent or consecutive suspensions or revocations that may be imposed as the result of both administrative action and criminal conviction arising out of the same incident.

(2) A person aggrieved by the decision of the department on the application for ((~~an occupational~~)) a temporary restricted driver's license may request a hearing as provided by rule of the department.

((~~(2)~~)) (3) An applicant for ((~~an occupational~~)) a temporary restricted 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 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 meets at least one of the following qualifying circumstances: (i) Is engaged in an occupation or trade that makes it essential that he or she operate a motor vehicle; (ii) is undergoing continuing health care or providing continuing health care to another who is dependent upon the applicant; (iii) is enrolled in an educational institution and pursuing a course of study leading to a diploma, degree, or other certification of successful educational completion; (iv) is undergoing substance abuse treatment; (v) is fulfilling court-ordered community service responsibilities; or (vi) is in an apprenticeship, on-the-job training, or welfare-to-work program; and

(d) The applicant files satisfactory proof of financial responsibility pursuant to chapter 46.29 RCW.

((~~(3)~~)) (4) The director shall cancel ((~~an occupational~~)) a temporary restricted 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. 4. RCW 46.20.394 and 1983 c 165 s 26 are each amended to read as follows:

In issuing ((~~an occupational~~)) a temporary restricted driver's license under RCW 46.20.391, the department shall describe the ((~~type of occupation permitted~~)) qualifying circumstances and shall set forth in detail the specific hours of the day during which the person may drive to and from his ((~~place of work~~)) or her home, which may not exceed twelve hours in any one day; the days of the week during which the license may be used; and the general routes over which the person may travel. These restrictions shall be prepared in written form by the department, which document shall be carried in the vehicle at all times and presented to a law enforcement officer under the same terms as the ((~~occupational~~)) temporary restricted driver's license. Any violation of the restrictions constitutes a violation of RCW 46.20.342 and subjects the person to all procedures and penalties therefor.

Sec. 5. RCW 46.20.400 and 1967 c 32 s 33 are each amended to read as follows:

If ((~~an occupational~~)) a temporary restricted driver's license is issued and is not revoked during the period for which issued the licensee may obtain a new driver's license at the end of such period, but no new driver's ((~~permit shall~~)) license may be issued to such person until he or she surrenders his ((~~occupational~~)) or her temporary restricted driver's license and his or her copy of the order and the director is satisfied that he or she complies with all other provisions of law relative to the issuance of a driver's license.

NEW SECTION. Sec. 6. This act takes effect January 1, 1999."

SHB 2446 - S COMM AMD

By Committee on Law & Justice

On page 1, line 1 of the title, after "licenses;" strike the remainder of the title and insert "amending RCW 46.20.3101, 46.20.380, 46.20.391, 46.20.394, and 46.20.400; prescribing penalties; and providing an effective date."