H-2105.1  _______________________________________________

 

                    SUBSTITUTE HOUSE BILL 1245

          _______________________________________________

 

State of Washington      55th Legislature     1997 Regular Session

 

By House Committee on Law & Justice (originally sponsored by Representatives Sheahan, K. Schmidt, Sterk, Ballasiotes, Zellinsky, Skinner, Cairnes, Delvin, Smith, Robertson, O'Brien, Backlund, Fisher, Scott, McMorris, Radcliff, Mulliken, Boldt, Hatfield, L. Thomas, Costa, Hankins, McDonald, Wensman, Benson and Kessler)

 

Read first time 02/21/97.

  Strengthening penalties for using drivers' licenses and identicards to commit fraud.


    AN ACT Relating to penalties for using drivers' licenses and identicards to commit fraud; amending RCW 46.20.336 and 46.20.091; and prescribing penalties.

 

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

 

    Sec. 1.  RCW 46.20.336 and 1990 c 210 s 3 are each amended to read as follows:

    (1) It is a gross misdemeanor for any person:

    (((1))) (a) To display or cause or permit to be displayed or have in his or her possession any fictitious or fraudulently altered driver's license or identicard;

    (((2))) (b) To lend his or her driver's license or identicard to any other person or knowingly permit the use thereof by another;

    (((3))) (c) To display or represent as one's own any driver's license or identicard not issued to him or her;

    (((4))) (d) Willfully to fail or refuse to surrender to the department upon its lawful demand any driver's license or identicard which has been suspended, revoked or canceled;

    (((5) To use a false or fictitious name in any application for a driver's license or identicard or to knowingly make a false statement or to knowingly conceal a material fact or otherwise commit a fraud in any such application;

    (6))) (e) To permit any unlawful use of a driver's license or identicard issued to him or her;

    (f) Except as provided in subsection (2) of this section, to counterfeit or fraudulently alter a driver's license or identicard.

    (2) It is a class C felony:

    (a) To use a false or fictitious name in any application for a driver's license or identicard or to knowingly make a false statement or to knowingly conceal a material fact or otherwise commit a fraud in any such application;

    (b) To counterfeit or fraudulently alter a driver's license or identicard for the purposes of committing a felony.

 

    Sec. 2.  RCW 46.20.091 and 1996 c 287 s 5 are each amended to read as follows:

    (1) Every application for an instruction permit or for an original driver's license shall be made upon a form prescribed and furnished by the department which shall be sworn to and signed by the applicant before a person authorized to administer oaths.  ((An applicant making a false statement under this subsection is guilty of false swearing, a gross misdemeanor, under RCW 9A.72.040.))  Every application for an instruction permit containing a photograph shall be accompanied by a fee of five dollars.  The department shall forthwith transmit the fees collected for instruction permits and temporary drivers' permits to the state treasurer.

    (2) Every such application shall state the full name, date of birth, sex, and Washington residence address of the applicant, and briefly describe the applicant, and shall state whether the applicant has theretofore been licensed as a driver or chauffeur, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for such suspension, revocation, or refusal, and shall state such additional information as the department shall require, including a statement that identifying documentation presented by the applicant is valid.

    (3) Whenever application is received from a person previously licensed in another jurisdiction, the department shall request a copy of such driver's record from such other jurisdiction.  When received, the driving record shall become a part of the driver's record in this state.

    (4) Whenever the department receives request for a driving record from another licensing jurisdiction, the record shall be forwarded without charge if the other licensing jurisdiction extends the same privilege to the state of Washington.  Otherwise there shall be a reasonable charge for transmittal of the record, the amount to be fixed by the director of the department.

 


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