H-0424.1  _______________________________________________

                          HOUSE BILL 1083

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Representatives McDonald, Sheahan and Mielke

Read first time 01/13/97.  Referred to Committee on Law & Justice.

Authorizing use of department of licensing records in criminal prosecutions.

    AN ACT Relating to use of department of licensing records in criminal prosecutions; and amending RCW 46.52.120.

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

    Sec. 1.  RCW 46.52.120 and 1993 c 501 s 12 are each amended to read as follows:

    (1) The director shall keep a case record on every motor vehicle driver licensed under the laws of this state, together with information on each driver, showing all the convictions and findings of traffic infractions certified by the courts, together with an index cross-reference record of each accident reported relating to such individual with a brief statement of the cause of the accident.  The chief of the Washington state patrol shall furnish the index cross-reference record to the director, with reference to each driver involved in the reported accidents.

    (2) The records shall be for the confidential use of the director, the chief of the Washington state patrol, the director of the Washington traffic safety commission, and for such police officers or other cognizant public officials as may be designated by law.  Such case records shall not be offered as evidence in any court, except to prove an element of a criminal charge, or in case appeal is taken from the order of the director, suspending, revoking, canceling, or refusing a vehicle driver's license.

    (3) The director shall tabulate and analyze vehicle driver's case records and suspend, revoke, cancel, or refuse a vehicle driver's license to a person when it is deemed from facts contained in the case record of such person that it is for the best interest of public safety that such person be denied the privilege of operating a motor vehicle.  Whenever the director orders the vehicle driver's license of any such person suspended, revoked, or canceled, or refuses the issuance of a vehicle driver's license, such suspension, revocation, cancellation, or refusal is final and effective unless appeal from the decision of the director is taken as provided by law.

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