H-0866.1  _______________________________________________

                          HOUSE BILL 1254

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Representatives Sterk, D. Sommers, Carrell, Mulliken, Delvin, Chandler, O'Brien and Bush

Read first time 01/20/97.  Referred to Committee on Law & Justice.

Prohibiting destruction of driving records for alcohol or drug-related offenses.

    AN ACT Relating to the destruction of driving records; and amending RCW 46.01.260.

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

    Sec. 1.  RCW 46.01.260 and 1996 c 199 s 4 are each amended to read as follows:

    (1) Except as provided in subsection (2) of this section, the director, in his or her discretion, may destroy applications for vehicle licenses, copies of vehicle licenses issued, applications for drivers' licenses, copies of issued drivers' licenses, certificates of title and registration or other documents, records or supporting papers on file in his or her office which have been microfilmed or photographed or are more than five years old.  If the applications for vehicle licenses are renewal applications, the director may destroy such applications when the computer record thereof has been updated.

    (2)(a) The director shall not destroy records of convictions or adjudications of RCW 46.61.520 and 46.61.522 and shall maintain such records permanently on file.

    (b) The director shall not((, within ten years from the date of conviction, adjudication, or entry of deferred prosecution,)) destroy records of ((the following)):

    (i) Convictions or adjudications of the following offenses:  RCW 46.61.502 or 46.61.504;

    (ii) If the offense was originally charged as one of the offenses designated in (a) or (b)(i) of this subsection, convictions or adjudications of the following offenses:  RCW 46.61.500 or 46.61.525, or any other violation that was originally charged as one of the offenses designated in (a) or (b)(i) of this subsection; or

    (iii) Deferred prosecutions granted under RCW 10.05.120.

    (c) For purposes of RCW 46.52.100 and 46.52.130, offenses subject to this subsection shall be considered "alcohol-related" offenses.

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