AN
ACT Relating to clarifying driving statutes; amending RCW 46.20.021, 46.61.525,
13.40.0357, 46.55.113, 7.68.035, 10.31.100, 46.01.260, 46.61.005, and
46.61.5055; reenacting and amending RCW 46.63.020 and 46.52.130; adding new
sections to chapter 46.20 RCW; adding a new section to chapter 46.61 RCW; and
prescribing penalties.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 46.20 RCW to read as follows:
Except
as expressly exempted by this chapter, it is a misdemeanor for a person to
drive any motor vehicle upon a highway in this state without a valid driver's
license issued to Washington residents under this chapter. This section does
not apply if at the time of the stop the person is not in violation of RCW
46.20.342(1) or 46.20.420 and has in his or her possession an expired driver's
license or other valid identifying documentation under RCW 46.20.035. A
violation of this section is a lesser included offense within the offenses
described in RCW 46.20l.342(1) or 46.20.420.
NEW
SECTION. Sec. 2. A
new section is added to chapter 46.20 RCW to read as follows:
Except
as expressly exempted by this chapter, it is a traffic infraction and not a
misdemeanor under section 1 of this act for a person to drive any motor vehicle
upon a highway in this state without a valid driver's license issued to
Washington residents under this chapter in his or her possession if the person
provides the citing officer with an expired driver's license or other valid
identifying documentation under RCW 46.20.035 at the time of the stop and the
person is not in violation of RCW 46.20.342(1) or 46.20.420. A violation of
this section is subject to a penalty of two hundred fifty dollars. If the
person appears in person before the court or submits by mail written proof that
he or she obtained a valid license after being cited, the court shall reduce
the penalty to fifty dollars.
Sec.
3. RCW
46.20.021 and 1996 c 307 s 5 are each amended to read as follows:
(1)
((No person, except as expressly exempted by this chapter, may drive any
motor vehicle upon a highway in this state unless the person has a valid
driver's license issued to Washington residents under the provisions of this
chapter. A violation of this subsection is a misdemeanor and is a lesser
included offense within the offenses described in RCW 46.20.342(1) or
46.20.420. However, if a person in violation of this section provides the
citing officer with an expired driver's license or other valid identifying
documentation under RCW 46.20.035 at the time of the stop and is not in
violation of RCW 46.20.342(1) or 46.20.420, the violation of this section is an
infraction and is subject to a penalty of two hundred fifty dollars. If the
person appears in person before the court or submits by mail written proof that
he or she obtained a valid license after being cited, the court shall reduce
the penalty to fifty dollars.
(2))) For
the purposes of obtaining a valid driver's license, a resident is a person who
manifests an intent to live or be located in this state on more than a
temporary or transient basis. Evidence of residency includes but is not
limited to:
(a)
Becoming a registered voter in this state; or
(b)
Receiving benefits under one of the Washington public assistance programs; or
(c)
Declaring that he or she is a resident for the purpose of obtaining a state
license or tuition fees at resident rates.
(((3)))
(2) The term "Washington public assistance programs" referred
to in subsection (((2))) (1)(b) of this section includes only
public assistance programs for which more than fifty percent of the combined
costs of benefits and administration are paid from state funds. Programs which
are not included within the term "Washington public assistance
programs" pursuant to the above criteria include, but are not limited to
the food stamp program under the federal food stamp act of 1964; programs under
the child nutrition act of 1966, 42 U.S.C. Secs. 1771 through 1788; and aid to
families with dependent children, 42 U.S.C. Secs. 601 through 606.
(((4)))
(3) No person shall receive a driver's license unless and until he or
she surrenders to the department all valid driver's licenses in his or her
possession issued to him or her by any other jurisdiction. The department
shall establish a procedure to invalidate the surrendered photograph license
and return it to the person. The invalidated license, along with the valid
temporary Washington driver's license provided for in RCW 46.20.055(3), shall
be accepted as proper identification. The department shall notify the issuing
department that the licensee is now licensed in a new jurisdiction. No person
shall be permitted to have more than one valid driver's license at any time.
(((5)))
(4) New Washington residents are allowed thirty days from the date they
become residents as defined in this section to procure a valid Washington
driver's license.
(((6)))
(5) Any person licensed as a driver under this chapter may exercise the
privilege thereby granted upon all streets and highways in this state and shall
not be required to obtain any other license to exercise such privilege by any
county, municipal or local board, or body having authority to adopt local
police regulations.
NEW
SECTION. Sec. 4. A
new section is added to chapter 46.61 RCW to read as follows:
(1)(a)
A person is guilty of negligent driving in the first degree if he or she
operates a motor vehicle in a manner that is both negligent and endangers or is
likely to endanger any person or property, and exhibits the effects of having
consumed liquor or an illegal drug.
(b)
It is an affirmative defense to negligent driving in the first degree by means
of exhibiting the effects of having consumed an illegal drug that must be
proved by the defendant by a preponderance of the evidence, that the driver has
a valid prescription for the drug consumed, and has been consuming it according
to the prescription directions and warnings.
(c)
Negligent driving in the first degree is a misdemeanor.
(2)
For the purposes of this section:
(a)
"Negligent" means the failure to exercise ordinary care, and is the
doing of some act that a reasonably careful person would not do under the same
or similar circumstances or the failure to do something that a reasonably
careful person would do under the same or similar circumstances.
(b)
"Exhibiting the effects of having consumed liquor" means that a
person has the odor of liquor on his or her breath, or that by speech, manner,
appearance, behavior, lack of coordination, or otherwise exhibits that he or
she has consumed liquor, and either:
(i)
Is in possession of or in close proximity to a container that has or recently
had liquor in it; or
(ii)
Is shown by other evidence to have recently consumed liquor.
(c)
"Exhibiting the effects of having consumed an illegal drug" means
that a person by speech, manner, appearance, behavior, lack of coordination, or
otherwise exhibits that he or she has consumed an illegal drug and either:
(i)
Is in possession of an illegal drug; or
(ii)
Is shown by other evidence to have recently consumed an illegal drug.
(d)
"Illegal drug" means a controlled substance under chapter 69.50 RCW
for which the driver does not have a valid prescription or that is not being
consumed in accordance with the prescription directions and warnings, or a
legend drug under chapter 69.41 RCW for which the driver does not have a valid
prescription or that is not being consumed in accordance with the prescription
directions and warnings.
(3)
Any act prohibited by this section that also constitutes a crime under any
other law of this state may be the basis of prosecution under such other law
notwithstanding that it may also be the basis for prosecution under this
section.
Sec.
5. RCW
46.61.525 and 1996 c 307 s 1 are each amended to read as follows:
(1)(a)
((A person is guilty of negligent driving in the first degree if he or she
operates a motor vehicle in a manner that is both negligent and endangers or is
likely to endanger any person or property, and exhibits the effects of having
consumed liquor or an illegal drug.
(b)
It is an affirmative defense to negligent driving in the first degree by means
of exhibiting the effects of having consumed an illegal drug that must be
proved by the defendant by a preponderance of the evidence, that the driver has
a valid prescription for the drug consumed, and has been consuming it according
to the prescription directions and warnings.
(c)
Negligent driving in the first degree is a misdemeanor.
(2)(a))) A
person is guilty of negligent driving in the second degree if, under
circumstances not constituting negligent driving in the first degree, he or she
operates a motor vehicle in a manner that is both negligent and endangers or is
likely to endanger any person or property.
(b)
It is an affirmative defense to negligent driving in the second degree that
must be proved by the defendant by a preponderance of the evidence, that the
driver was operating the motor vehicle on private property with the consent of
the owner in a manner consistent with the owner's consent.
(c)
Negligent driving in the second degree is a traffic infraction and is subject
to a penalty of two hundred fifty dollars.
(((3)))
(2) For the purposes of this section((:
(a)
"Negligent")), "negligent"
means the failure to exercise ordinary care, and is the doing of some act that
a reasonably careful person would not do under the same or similar
circumstances or the failure to do something that a reasonably careful person
would do under the same or similar circumstances.
(((b)
"Exhibiting the effects of having consumed liquor" means that a
person has the odor of liquor on his or her breath, or that by speech, manner,
appearance, behavior, lack of coordination, or otherwise exhibits that he or
she has consumed liquor, and either:
(i)
Is in possession of or in close proximity to a container that has or recently
had liquor in it; or
(ii)
Is shown by other evidence to have recently consumed liquor.
(c)
"Exhibiting the effects of having consumed an illegal drug" means
that a person by speech, manner, appearance, behavior, lack of coordination, or
otherwise exhibits that he or she has consumed an illegal drug and either:
(i)
Is in possession of an illegal drug; or
(ii)
Is shown by other evidence to have recently consumed an illegal drug.
(d)
"Illegal drug" means a controlled substance under chapter 69.50 RCW
for which the driver does not have a valid prescription or that is not being
consumed in accordance with the prescription directions and warnings, or a
legend drug under chapter 69.41 RCW for which the driver does not have a valid
prescription or that is not being consumed in accordance with the prescription
directions and warnings.
(4))) (3)
Any act prohibited by this section that also constitutes a crime under any
other law of this state may be the basis of prosecution under such other law
notwithstanding that it may also be the basis for prosecution under this
section.
Sec.
6. RCW
13.40.0357 and 1996 c 205 s 6 are each amended to read as follows:
SCHEDULE A
DESCRIPTION AND OFFENSE CATEGORY
juvenile juvenile
disposition
disposition category
for attempt,
offense bailjump,
conspiracy,
category description (rcw citation) or
solicitation
........................................
Arson and Malicious Mischief
A Arson 1 (9A.48.020) B+
B Arson 2 (9A.48.030) C
C Reckless Burning 1 (9A.48.040) D
D Reckless Burning 2 (9A.48.050) E
B Malicious Mischief 1 (9A.48.070) C
C Malicious Mischief 2 (9A.48.080) D
D Malicious
Mischief 3 (<$50 is
E class) (9A.48.090) E
E Tampering
with Fire Alarm
Apparatus (9.40.100) E
A Possession
of Incendiary Device
(9.40.120) B+
Assault
and Other Crimes
Involving
Physical Harm
A Assault 1 (9A.36.011) B+
B+ Assault 2 (9A.36.021) C+
C+ Assault 3 (9A.36.031) D+
D+ Assault 4 (9A.36.041) E
D+ Reckless
Endangerment
(9A.36.050) E
C+ Promoting
Suicide Attempt
(9A.36.060) D+
D+ Coercion (9A.36.070) E
C+ Custodial Assault (9A.36.100) D+
Burglary and Trespass
B+ Burglary 1 (9A.52.020) C+
B Burglary 2 (9A.52.030) C
D Burglary
Tools (Possession of)
(9A.52.060) E
D Criminal Trespass 1 (9A.52.070) E
E Criminal
Trespass 2 (9A.52.080) E
D Vehicle Prowling (9A.52.100) E
Drugs
E Possession/Consumption
of Alcohol
(66.44.270) E
C Illegally
Obtaining Legend Drug
(69.41.020) D
C+ Sale,
Delivery, Possession of Legend
Drug
with Intent to Sell
(69.41.030) D+
E Possession
of Legend Drug
(69.41.030) E
B+ Violation
of Uniform Controlled
Substances
Act - Narcotic or
Methamphetamine
Sale
(69.50.401(a)(1)(i) or (ii)) B+
C Violation
of Uniform Controlled
Substances
Act - Nonnarcotic Sale
(69.50.401(a)(1)(iii)) C
E Possession
of Marihuana <40 grams
(69.50.401(e)) E
C Fraudulently
Obtaining Controlled
Substance (69.50.403) C
C+ Sale of
Controlled Substance
for Profit (69.50.410) C+
E Unlawful Inhalation (9.47A.020) E
B Violation
of Uniform Controlled
Substances
Act - Narcotic or
Methamphetamine
Counterfeit
Substances
(69.50.401(b)(1)(i) or (ii)) B
C Violation
of Uniform Controlled
Substances Act - Nonnarcotic
Counterfeit
Substances
(69.50.401(b)(1)
(iii), (iv),
(v)) C
C Violation
of Uniform Controlled
Substances Act - Possession of a
Controlled
Substance
(69.50.401(d)) C
C Violation
of Uniform Controlled
Substances Act - Possession of a
Controlled
Substance
(69.50.401(c)) C
Firearms and Weapons
E Carrying
Loaded Pistol Without
Permit (9.41.050) E
C Possession
of Firearms by
Minor
(<18) (9.41.040(1)
(b)(((iv))) (iii)) C
D+ Possession
of Dangerous Weapon
(9.41.250) E
D Intimidating
Another Person by use
of Weapon (9.41.270) E
Homicide
A+ Murder 1 (9A.32.030) A
A+ Murder 2 (9A.32.050) B+
B+ Manslaughter 1 (9A.32.060) C+
C+ Manslaughter 2 (9A.32.070) D+
B+ Vehicular Homicide (46.61.520) C+
Kidnapping
A Kidnap 1 (9A.40.020) B+
B+ Kidnap 2 (9A.40.030) C+
C+ Unlawful
Imprisonment
(9A.40.040) D+
Obstructing
Governmental Operation
E Obstructing
a
Law
Enforcement Officer
(9A.76.020) E
E Resisting Arrest (9A.76.040) E
B Introducing
Contraband 1
(9A.76.140) C
C Introducing
Contraband 2
(9A.76.150) D
E Introducing
Contraband 3
(9A.76.160) E
B+ Intimidating
a Public Servant
(9A.76.180) C+
B+ Intimidating
a Witness
(9A.72.110) C+
Public
Disturbance
C+ Riot with Weapon (9A.84.010) D+
D+ Riot
Without Weapon
(9A.84.010) E
E Failure
to Disperse (9A.84.020) E
E Disorderly Conduct (9A.84.030) E
Sex
Crimes
A Rape 1 (9A.44.040) B+
A- Rape 2 (9A.44.050) B+
C+ Rape 3 (9A.44.060) D+
A- Rape of a Child 1 (9A.44.073) B+
B Rape of a Child 2 (9A.44.076) C+
B Incest 1 (9A.64.020(1)) C
C Incest 2 (9A.64.020(2)) D
D+ Indecent
Exposure
(Victim <14) (9A.88.010) E
E Indecent Exposure
(Victim 14 or over) (9A.88.010) E
B+ Promoting Prostitution 1
(9A.88.070) C+
C+ Promoting
Prostitution 2
(9A.88.080) D+
E O & A (Prostitution)
(9A.88.030) E
B+ Indecent Liberties (9A.44.100) C+
B+ Child Molestation 1 (9A.44.083) C+
C+ Child Molestation 2 (9A.44.086) C
Theft,
Robbery, Extortion, and Forgery
B Theft 1 (9A.56.030) C
C Theft 2 (9A.56.040) D
D Theft 3 (9A.56.050) E
B Theft of Livestock (9A.56.080) C
C Forgery (9A.60.020) D
A Robbery 1 (9A.56.200) B+
B+ Robbery 2 (9A.56.210) C+
B+ Extortion 1 (9A.56.120) C+
C+ Extortion 2 (9A.56.130) D+
B Possession
of Stolen Property 1
(9A.56.150) C
C Possession
of Stolen Property 2
(9A.56.160) D
D Possession
of Stolen Property 3
(9A.56.170) E
C Taking
Motor Vehicle Without
Owner's Permission (9A.56.070) D
Motor
Vehicle Related Crimes
E Driving
Without a License
(((46.20.021))) Section 1
of this act E
C Hit and
Run - Injury
(46.52.020(4)) D
D Hit and
Run-Attended
(46.52.020(5)) E
E Hit and
Run-Unattended
(46.52.010) E
C Vehicular Assault (46.61.522) D
C Attempting
to Elude Pursuing
Police Vehicle (46.61.024) D
E Reckless Driving (46.61.500) E
D Driving
While Under the Influence
(46.61.502 and 46.61.504) E
D Vehicle Prowling (9A.52.100) E
C Taking
Motor Vehicle Without
Owner's Permission (9A.56.070) D
Other
B Bomb Threat (9.61.160) C
C Escape 11 (9A.76.110) C
C Escape 21 (9A.76.120) C
D Escape 3 (9A.76.130) E
E Obscene,
Harassing, Etc.,
Phone Calls (9.61.230) E
A Other
Offense Equivalent to an
Adult Class A Felony B+
B Other
Offense Equivalent to an
Adult Class B Felony C
C Other
Offense Equivalent to an
Adult Class C Felony D
D Other
Offense Equivalent to an
Adult Gross Misdemeanor E
E Other
Offense Equivalent to an
Adult Misdemeanor E
V Violation
of Order of Restitution,
Community
Supervision, or
Confinement (13.40.200)2 V
1Escape 1 and 2 and Attempted Escape 1 and 2 are
classed as C offenses and the standard range is established as follows:
1st
escape or attempted escape during 12-month period - 4 weeks confinement
2nd
escape or attempted escape during 12-month period - 8 weeks confinement
3rd
and subsequent escape or attempted escape during 12-month period - 12 weeks
confinement
2If the
court finds that a respondent has violated terms of an order, it may impose a
penalty of up to 30 days of confinement.
SCHEDULE B
PRIOR
OFFENSE INCREASE FACTOR
For
use with all CURRENT OFFENSES occurring on or after July 1, 1989.
TIME SPAN
OFFENSE 0-12 13-24 25
Months
CATEGORY Months Months or More
........................................
A+ .9 .9 .9
A .9 .8 .6
A- .9 .8 .5
B+ .9 .7 .4
B .9 .6 .3
C+ .6 .3 .2
C .5 .2 .2
D+ .3 .2 .1
D .2 .1 .1
E .1 .1 .1
Prior history - Any offense in which a diversion
agreement or counsel and release form was signed, or any offense which has been
adjudicated by court to be correct prior to the commission of the current
offense(s).
SCHEDULE C
CURRENT
OFFENSE POINTS
For
use with all CURRENT OFFENSES occurring on or after July 1, 1989.
AGE
OFFENSE 12
&
CATEGORY Under 13 14 15 16 17
........................................
A+ STANDARD
RANGE 180-224 WEEKS
A 250 300 350 375 375 375
A- 150 150 150 200 200 200
B+ 110 110 120 130 140 150
B 45 45 50 50 57 57
C+ 44 44 49 49 55 55
C 40 40 45 45 50 50
D+ 16 18 20 22 24 26
D 14 16 18 20 22 24
E 4 4 4 6 8 10
JUVENILE SENTENCING STANDARDS
SCHEDULE D-1
This schedule may only be used for minor/first
offenders. After the determination is made that a youth is a minor/first
offender, the court has the discretion to select sentencing option A, B, or C.
MINOR/FIRST
OFFENDER
OPTION
A
STANDARD
RANGE
Community
Community Service
Points Supervision Hours Fine
........................................
1-9 0-3 months and/or 0-8 and/or 0-$10
10-19 0-3 months and/or 0-8 and/or 0-$10
20-29 0-3 months and/or 0-16 and/or 0-$10
30-39 0-3 months and/or 8-24 and/or 0-$25
40-49 3-6 months and/or 16-32 and/or 0-$25
50-59 3-6 months and/or 24-40 and/or 0-$25
60-69 6-9 months and/or 32-48 and/or 0-$50
70-79 6-9 months and/or 40-56 and/or 0-$50
80-89 9-12 months and/or 48-64 and/or 10‑$100
90-109 9-12 months and/or 56-72 and/or 10-$100
OR
OPTION B
STATUTORY OPTION
0-12
Months Community Supervision
0-150
Hours Community Service
0-100
Fine
Posting
of a Probation Bond
A term
of community supervision with a maximum of 150 hours, $100.00 fine, and 12
months supervision.
OR
OPTION
C
MANIFEST
INJUSTICE
When a term of community supervision would
effectuate a manifest injustice, another disposition may be imposed. When a
judge imposes a sentence of confinement exceeding 30 days, the court shall
sentence the juvenile to a maximum term and the provisions of RCW 13.40.030(2)
shall be used to determine the range.
JUVENILE SENTENCING STANDARDS
SCHEDULE D-2
This schedule may only be used for middle
offenders. After the determination is made that a youth is a middle offender,
the court has the discretion to select sentencing option A, B, or C.
MIDDLE OFFENDER
OPTION A
STANDARD
RANGE
Community
Community Service Confinement
Points Supervision Hours Fine Days
Weeks
.............................................
1-9 0-3 months and/or
0-8 and/or 0-$10 and/or 0
10-19 0-3 months and/or 0-8 and/or 0-$10 and/or 0
20-29 0-3 months and/or 0-16 and/or 0-$10 and/or 0
30-39 0-3 months and/or 8-24 and/or 0-$25 and/or 2‑4
40-49 3-6 months and/or 16-32 and/or 0-$25 and/or 2‑4
50-59 3-6 months and/or 24-40 and/or 0-$25 and/or 5‑10
60-69 6-9 months and/or 32-48 and/or 0-$50 and/or 5‑10
70-79 6-9 months and/or 40-56 and/or 0-$50 and/or 10‑20
80-89 9-12 months and/or 48-64 and/or 0-$100 and/or 10‑20
90-109 9-12 months and/or 56-72 and/or 0-$100 and/or 15‑30
110-129 8-12
130-149 13-16
150-199 21-28
200-249 30-40
250-299 52-65
300-374 80-100
375+ 103-129
Middle offenders with 110 points or more do not
have to be committed. They may be assigned community supervision under option
B.
All A+ offenses 180-224 weeks
OR
OPTION
B
STATUTORY
OPTION
0-12
Months Community Supervision
0-150
Hours Community Service
0-100
Fine
Posting
of a Probation Bond
If the offender has less than 110 points, the court
may impose a determinate disposition of community supervision and/or up to 30
days confinement; in which case, if confinement has been imposed, the court
shall state either aggravating or mitigating factors as set forth in RCW
13.40.150.
If the middle offender has 110 points or more,
the court may impose a disposition under option A and may suspend the
disposition on the condition that the offender serve up to thirty days of
confinement and follow all conditions of community supervision. If the
offender fails to comply with the terms of community supervision, the court may
impose sanctions pursuant to RCW 13.40.200 or may revoke the suspended
disposition and order execution of the disposition. If the court imposes
confinement for offenders with 110 points or more, the court shall state either
aggravating or mitigating factors set forth in RCW 13.40.150.
OR
OPTION
C
MANIFEST
INJUSTICE
If the court determines that a disposition under A
or B would effectuate a manifest injustice, the court shall sentence the
juvenile to a maximum term and the provisions of RCW 13.40.030(2) shall be used
to determine the range.
JUVENILE SENTENCING STANDARDS
SCHEDULE D-3
This schedule may only be used for serious
offenders. After the determination is made that a youth is a serious offender,
the court has the discretion to select sentencing option A or B.
SERIOUS OFFENDER
OPTION A
STANDARD RANGE
Points Institution Time
........................................
0-129 8-12 weeks
130-149 13-16 weeks
150-199 21-28 weeks
200-249 30-40 weeks
250-299 52-65 weeks
300-374 80-100 weeks
375+ 103-129 weeks
All A+ Offenses 180-224 weeks
OR
OPTION B
MANIFEST INJUSTICE
A disposition outside the standard range shall be
determined and shall be comprised of confinement or community supervision
including posting a probation bond or a combination thereof. When a judge
finds a manifest injustice and imposes a sentence of confinement exceeding 30
days, the court shall sentence the juvenile to a maximum term, and the
provisions of RCW 13.40.030(2) shall be used to determine the range.
Sec.
7. RCW
46.55.113 and 1996 c 89 s 1 are each amended to read as follows:
Whenever
the driver of a vehicle is arrested for a violation of RCW 46.61.502 or
46.61.504, the arresting officer may take custody of the vehicle and provide
for its prompt removal to a place of safety. In addition, a police officer may
take custody of a vehicle and provide for its prompt removal to a place of
safety under any of the following circumstances:
(1)
Whenever a police officer finds a vehicle standing upon the roadway in
violation of any of the provisions of RCW 46.61.560, the officer may provide
for the removal of the vehicle or require the driver or other person in charge
of the vehicle to move the vehicle to a position off the roadway;
(2)
Whenever a police officer finds a vehicle unattended upon a highway where the
vehicle constitutes an obstruction to traffic or jeopardizes public safety;
(3)
Whenever a police officer finds an unattended vehicle at the scene of an
accident or when the driver of a vehicle involved in an accident is physically
or mentally incapable of deciding upon steps to be taken to protect his or her
property;
(4)
Whenever the driver of a vehicle is arrested and taken into custody by a police
officer;
(5)
Whenever a police officer discovers a vehicle that the officer determines to be
a stolen vehicle;
(6)
Whenever a vehicle without a special license plate, card, or decal indicating
that the vehicle is being used to transport a disabled person under RCW
46.16.381 is parked in a stall or space clearly and conspicuously marked under
RCW 46.61.581 which space is provided on private property without charge or on
public property;
(7)
Upon determining that a person is operating a motor vehicle without a valid
driver's license in violation of ((RCW 46.20.021)) section 1 of this
act or with a license that has been expired for ninety days or more, or
with a suspended or revoked license in violation of RCW 46.20.342 or 46.20.420.
Nothing
in this section may derogate from the powers of police officers under the
common law. For the purposes of this section, a place of safety may include
the business location of a registered tow truck operator.
Sec.
8. RCW
46.63.020 and 1996 c 307 s 6, 1996 c 287 s 7, 1996 c 93 s 3, 1996 c 87 s 21,
and 1996 c 31 s 3 are each reenacted and amended to read as follows:
Failure
to perform any act required or the performance of any act prohibited by this
title or an equivalent administrative regulation or local law, ordinance,
regulation, or resolution relating to traffic including parking, standing,
stopping, and pedestrian offenses, is designated as a traffic infraction and
may not be classified as a criminal offense, except for an offense contained in
the following provisions of this title or a violation of an equivalent administrative
regulation or local law, ordinance, regulation, or resolution:
(1)
RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under
the influence of intoxicating liquor or a controlled substance;
(2)
RCW 46.09.130 relating to operation of nonhighway vehicles;
(3)
RCW 46.10.090(2) relating to the operation of a snowmobile while under the
influence of intoxicating liquor or narcotics or habit‑forming drugs or
in a manner endangering the person of another;
(4)
RCW 46.10.130 relating to the operation of snowmobiles;
(5)
Chapter 46.12 RCW relating to certificates of ownership and registration and
markings indicating that a vehicle has been destroyed or declared a total loss;
(6)
RCW 46.16.010 relating to initial registration of motor vehicles;
(7)
RCW 46.16.011 relating to permitting unauthorized persons to drive;
(8)
RCW 46.16.160 relating to vehicle trip permits;
(9)
RCW 46.16.381 (6) or (9) relating to unauthorized use or acquisition of a
special placard or license plate for disabled persons' parking;
(10)
((RCW 46.20.021)) Section 1 of this act relating to driving
without a valid driver's license((, unless the person cited for the
violation provided the citing officer with an expired driver's license or other
valid identifying documentation under RCW 46.20.035 at the time of the stop and
was not in violation of RCW 46.20.342(1) or 46.20.420, in which case the violation
is an infraction));
(11)
RCW 46.20.091 relating to false statements regarding a driver's license or
instruction permit;
(12)
RCW 46.20.336 relating to the unlawful possession and use of a driver's
license;
(13)
RCW 46.20.342 relating to driving with a suspended or revoked license or
status;
(14)
RCW 46.20.410 relating to the violation of restrictions of an occupational
driver's license;
(15)
RCW 46.20.420 relating to the operation of a motor vehicle with a suspended or
revoked license;
(16)
RCW 46.20.750 relating to assisting another person to start a vehicle equipped
with an ignition interlock device;
(17)
RCW 46.25.170 relating to commercial driver's licenses;
(18)
Chapter 46.29 RCW relating to financial responsibility;
(19)
RCW 46.30.040 relating to providing false evidence of financial responsibility;
(20)
RCW 46.37.435 relating to wrongful installation of sunscreening material;
(21)
RCW 46.44.180 relating to operation of mobile home pilot vehicles;
(22)
RCW 46.48.175 relating to the transportation of dangerous articles;
(23)
RCW 46.52.010 relating to duty on striking an unattended car or other property;
(24)
RCW 46.52.020 relating to duty in case of injury to or death of a person or
damage to an attended vehicle;
(25)
RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers;
(26)
RCW 46.52.100 relating to driving under the influence of liquor or drugs;
(27)
RCW 46.52.130 relating to confidentiality of the driving record to be furnished
to an insurance company, an employer, and an alcohol/drug assessment or
treatment agency;
(28)
RCW 46.55.020 relating to engaging in the activities of a registered tow truck
operator without a registration certificate;
(29)
RCW 46.55.035 relating to prohibited practices by tow truck operators;
(30)
RCW 46.61.015 relating to obedience to police officers, flagmen, or fire
fighters;
(31)
RCW 46.61.020 relating to refusal to give information to or cooperate with an
officer;
(32)
RCW 46.61.022 relating to failure to stop and give identification to an
officer;
(33)
RCW 46.61.024 relating to attempting to elude pursuing police vehicles;
(34)
RCW 46.61.500 relating to reckless driving;
(35)
RCW 46.61.502 and 46.61.504 relating to persons under the influence of
intoxicating liquor or drugs;
(36)
RCW 46.61.503 relating to a person under age twenty-one driving a motor vehicle
after consuming alcohol;
(37)
RCW 46.61.520 relating to vehicular homicide by motor vehicle;
(38)
RCW 46.61.522 relating to vehicular assault;
(39)
((RCW 46.61.525(1))) Section 4 of this act relating to first
degree negligent driving;
(40)
RCW 46.61.527(4) relating to reckless endangerment of roadway workers;
(41)
RCW 46.61.530 relating to racing of vehicles on highways;
(42)
RCW 46.61.685 relating to leaving children in an unattended vehicle with the
motor running;
(43)
RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a
traffic citation;
(44)
RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and
committing crimes;
(45)
Chapter 46.65 RCW relating to habitual traffic offenders;
(46)
RCW 46.68.010 relating to false statements made to obtain a refund;
(47)
Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where
that chapter provides for the assessment of monetary penalties of a civil
nature;
(48)
Chapter 46.72 RCW relating to the transportation of passengers in for hire
vehicles;
(49)
RCW 46.72A.060 relating to limousine carrier insurance;
(50)
RCW 46.72A.070 relating to operation of a limousine without a vehicle
certificate;
(51)
RCW 46.72A.080 relating to false advertising by a limousine carrier;
(52)
Chapter 46.80 RCW relating to motor vehicle wreckers;
(53)
Chapter 46.82 RCW relating to driver's training schools;
(54)
RCW 46.87.260 relating to alteration or forgery of a cab card, letter of
authority, or other temporary authority issued under chapter 46.87 RCW;
(55)
RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle
under chapter 46.87 RCW.
Sec.
9. RCW
7.68.035 and 1996 c 122 s 2 are each amended to read as follows:
(1)(a)
Whenever any person is found guilty in any superior court of having committed a
crime, except as provided in subsection (2) of this section, there shall be
imposed by the court upon such convicted person a penalty assessment. The
assessment shall be in addition to any other penalty or fine imposed by law and
shall be five hundred dollars for each case or cause of action that includes
one or more convictions of a felony or gross misdemeanor and two hundred fifty
dollars for any case or cause of action that includes convictions of only one
or more misdemeanors.
(b)
Whenever any juvenile is adjudicated of any offense in any juvenile offense
disposition under Title 13 RCW, except as provided in subsection (2) of this
section, there shall be imposed upon the juvenile offender a penalty
assessment. The assessment shall be in addition to any other penalty or fine
imposed by law and shall be one hundred dollars for each case or cause of
action that includes one or more adjudications for a felony or gross
misdemeanor and seventy-five dollars for each case or cause of action that
includes adjudications of only one or more misdemeanors.
(2)
The assessment imposed by subsection (1) of this section shall not apply to
motor vehicle crimes defined in Title 46 RCW except those defined in the
following sections: RCW 46.61.520, 46.61.522, 46.61.024, 46.52.090, 46.70.140,
46.61.502, 46.61.504, 46.52.100, 46.20.410, 46.52.020, 46.10.130, 46.09.130, section
4 of this act, 46.61.525, 46.61.685, 46.61.530, 46.61.500, 46.61.015,
46.52.010, 46.44.180, 46.10.090(2), and 46.09.120(2).
(3)
Whenever any person accused of having committed a crime posts bail in superior
court pursuant to the provisions of chapter 10.19 RCW and such bail is
forfeited, there shall be deducted from the proceeds of such forfeited bail a
penalty assessment, in addition to any other penalty or fine imposed by law,
equal to the assessment which would be applicable under subsection (1) of this
section if the person had been convicted of the crime.
(4)
Such penalty assessments shall be paid by the clerk of the superior court to
the county treasurer who shall monthly transmit the money as provided in RCW
10.82.070. Each county shall deposit fifty percent of the money it receives
per case or cause of action under subsection (1) of this section and retains
under RCW 10.82.070, not less than one and seventy-five one-hundredths percent
of the remaining money it retains under RCW 10.82.070 and the money it retains
under chapter 3.62 RCW, and all money it receives under subsection (7) of this
section into a fund maintained exclusively for the support of comprehensive
programs to encourage and facilitate testimony by the victims of crimes and
witnesses to crimes. A program shall be considered "comprehensive"
only after approval of the department upon application by the county prosecuting
attorney. The department shall approve as comprehensive only programs which:
(a)
Provide comprehensive services to victims and witnesses of all types of crime
with particular emphasis on serious crimes against persons and property. It is
the intent of the legislature to make funds available only to programs which do
not restrict services to victims or witnesses of a particular type or types of
crime and that such funds supplement, not supplant, existing local funding
levels;
(b)
Are administered by the county prosecuting attorney either directly through the
prosecuting attorney's office or by contract between the county and agencies
providing services to victims of crime;
(c)
Make a reasonable effort to inform the known victim or his surviving dependents
of the existence of this chapter and the procedure for making application for
benefits;
(d)
Assist victims in the restitution and adjudication process; and
(e)
Assist victims of violent crimes in the preparation and presentation of their
claims to the department of labor and industries under this chapter.
Before
a program in any county west of the Cascade mountains is submitted to the
department for approval, it shall be submitted for review and comment to each
city within the county with a population of more than one hundred fifty
thousand. The department will consider if the county's proposed comprehensive
plan meets the needs of crime victims in cases adjudicated in municipal,
district or superior courts and of crime victims located within the city and
county.
(5)
Upon submission to the department of a letter of intent to adopt a
comprehensive program, the prosecuting attorney shall retain the money
deposited by the county under subsection (4) of this section until such time as
the county prosecuting attorney has obtained approval of a program from the
department. Approval of the comprehensive plan by the department must be
obtained within one year of the date of the letter of intent to adopt a
comprehensive program. The county prosecuting attorney shall not make any
expenditures from the money deposited under subsection (4) of this section
until approval of a comprehensive plan by the department. If a county
prosecuting attorney has failed to obtain approval of a program from the
department under subsection (4) of this section or failed to obtain approval of
a comprehensive program within one year after submission of a letter of intent
under this section, the county treasurer shall monthly transmit one hundred
percent of the money deposited by the county under subsection (4) of this
section to the state treasurer for deposit in the public safety and education
account established under RCW 43.08.250.
(6)
County prosecuting attorneys are responsible to make every reasonable effort to
insure that the penalty assessments of this chapter are imposed and collected.
(7)
Every city and town shall transmit monthly one and seventy-five one-hundredths
percent of all money, other than money received for parking infractions,
retained under RCW 3.46.120, 3.50.100, and 35.20.220 to the county treasurer
for deposit as provided in subsection (4) of this section.
Sec.
10. RCW
10.31.100 and 1996 c 248 s 4 are each amended to read as follows:
A
police officer having probable cause to believe that a person has committed or
is committing a felony shall have the authority to arrest the person without a
warrant. A police officer may arrest a person without a warrant for committing
a misdemeanor or gross misdemeanor only when the offense is committed in the
presence of the officer, except as provided in subsections (1) through (10) of
this section.
(1)
Any police officer having probable cause to believe that a person has committed
or is committing a misdemeanor or gross misdemeanor, involving physical harm or
threats of harm to any person or property or the unlawful taking of property or
involving the use or possession of cannabis, or involving the acquisition,
possession, or consumption of alcohol by a person under the age of twenty-one
years under RCW 66.44.270, or involving criminal trespass under RCW 9A.52.070
or 9A.52.080, shall have the authority to arrest the person.
(2)
A police officer shall arrest and take into custody, pending release on bail,
personal recognizance, or court order, a person without a warrant when the
officer has probable cause to believe that:
(a)
An order has been issued of which the person has knowledge under RCW
10.99.040(2), 10.99.050, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.44.063,
chapter 26.26 RCW, or chapter 26.50 RCW restraining the person and the person
has violated the terms of the order restraining the person from acts or threats
of violence or restraining the person from going onto the grounds of or
entering a residence, workplace, school, or day care or, in the case of an
order issued under RCW 26.44.063, imposing any other restrictions or conditions
upon the person; or
(b)
The person is sixteen years or older and within the preceding four hours has
assaulted a family or household member as defined in RCW 10.99.020 and the
officer believes: (i) A felonious assault has occurred; (ii) an assault has
occurred which has resulted in bodily injury to the victim, whether the injury
is observable by the responding officer or not; or (iii) that any physical
action has occurred which was intended to cause another person reasonably to
fear imminent serious bodily injury or death. Bodily injury means physical
pain, illness, or an impairment of physical condition. When the officer has
probable cause to believe that family or household members have assaulted each
other, the officer is not required to arrest both persons. The officer shall
arrest the person whom the officer believes to be the primary physical
aggressor. In making this determination, the officer shall make every
reasonable effort to consider: (i) The intent to protect victims of domestic
violence under RCW 10.99.010; (ii) the comparative extent of injuries inflicted
or serious threats creating fear of physical injury; and (iii) the history of
domestic violence between the persons involved.
(3)
Any police officer having probable cause to believe that a person has committed
or is committing a violation of any of the following traffic laws shall have
the authority to arrest the person:
(a)
RCW 46.52.010, relating to duty on striking an unattended car or other
property;
(b)
RCW 46.52.020, relating to duty in case of injury to or death of a person or
damage to an attended vehicle;
(c)
RCW 46.61.500 or 46.61.530, relating to reckless driving or racing of vehicles;
(d)
RCW 46.61.502 or 46.61.504, relating to persons under the influence of
intoxicating liquor or drugs;
(e)
RCW 46.20.342, relating to driving a motor vehicle while operator's license is
suspended or revoked;
(f)
((RCW 46.61.525)) Section 4 of this act, relating to operating a
motor vehicle in a negligent manner.
(4)
A law enforcement officer investigating at the scene of a motor vehicle
accident may arrest the driver of a motor vehicle involved in the accident if
the officer has probable cause to believe that the driver has committed in
connection with the accident a violation of any traffic law or regulation.
(5)
Any police officer having probable cause to believe that a person has committed
or is committing a violation of RCW 88.12.025 shall have the authority to
arrest the person.
(6)
An officer may act upon the request of a law enforcement officer in whose
presence a traffic infraction was committed, to stop, detain, arrest, or issue
a notice of traffic infraction to the driver who is believed to have committed
the infraction. The request by the witnessing officer shall give an officer
the authority to take appropriate action under the laws of the state of
Washington.
(7)
Any police officer having probable cause to believe that a person has committed
or is committing any act of indecent exposure, as defined in RCW 9A.88.010, may
arrest the person.
(8)
A police officer may arrest and take into custody, pending release on bail,
personal recognizance, or court order, a person without a warrant when the
officer has probable cause to believe that an order has been issued of which
the person has knowledge under chapter 10.14 RCW and the person has violated
the terms of that order.
(9)
Any police officer having probable cause to believe that a person has, within
twenty-four hours of the alleged violation, committed a violation of RCW
9A.50.020 may arrest such person.
(10)
A police officer having probable cause to believe that a person illegally
possesses or illegally has possessed a firearm or other dangerous weapon on
private or public elementary or secondary school premises shall have the
authority to arrest the person.
For
purposes of this subsection, the term "firearm" has the meaning
defined in RCW 9.41.010 and the term "dangerous weapon" has the
meaning defined in RCW 9.41.250 and 9.41.280(1) (c) through (e).
(11)
Except as specifically provided in subsections (2), (3), (4), and (6) of this
section, nothing in this section extends or otherwise affects the powers of
arrest prescribed in Title 46 RCW.
(12)
No police officer may be held criminally or civilly liable for making an arrest
pursuant to RCW 10.31.100 (2) or (8) if the police officer acts in good faith
and without malice.
Sec.
11. 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,)) section 4 of this act
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.
Sec.
12. RCW
46.52.130 and 1996 c 307 s 4 and 1996 c 183 s 2 are each reenacted and amended
to read as follows:
A
certified abstract of the driving record shall be furnished only to the
individual named in the abstract, an employer or prospective employer or an
agent acting on behalf of an employer or prospective employer, the insurance
carrier that has insurance in effect covering the employer or a prospective
employer, the insurance carrier that has insurance in effect covering the named
individual, the insurance carrier to which the named individual has applied, an
alcohol/drug assessment or treatment agency approved by the department of social
and health services, to which the named individual has applied or been assigned
for evaluation or treatment, or city and county prosecuting attorneys. City
attorneys and county prosecuting attorneys may provide the driving record to
alcohol/drug assessment or treatment agencies approved by the department of
social and health services to which the named individual has applied or been
assigned for evaluation or treatment. The director, upon proper request, shall
furnish a certified abstract covering the period of not more than the last
three years to insurance companies. Upon proper request, the director shall
furnish a certified abstract covering a period of not more than the last five
years to state approved alcohol/drug assessment or treatment agencies, except
that the certified abstract shall also include records of alcohol-related
offenses as defined in RCW 46.01.260(2) covering a period of not more than the
last ten years. Upon proper request, a certified abstract of the full driving
record maintained by the department shall be furnished to a city or county
prosecuting attorney, to the individual named in the abstract or to an employer
or prospective employer or an agent acting on behalf of an employer or
prospective employer of the named individual. The abstract, whenever possible,
shall include an enumeration of motor vehicle accidents in which the person was
driving; the total number of vehicles involved; whether the vehicles were
legally parked or moving; whether the vehicles were occupied at the time of the
accident; any reported convictions, forfeitures of bail, or findings that an
infraction was committed based upon a violation of any motor vehicle law; and
the status of the person's driving privilege in this state. The enumeration
shall include any reports of failure to appear in response to a traffic
citation or failure to respond to a notice of infraction served upon the named
individual by an arresting officer. Certified abstracts furnished to
prosecutors and alcohol/drug assessment or treatment agencies shall also
indicate whether a recorded violation is an alcohol-related offense as defined
in RCW 46.01.260(2) that was originally charged as one of the alcohol-related
offenses designated in RCW 46.01.260(2)(((a))) (b)(i).
The
abstract provided to the insurance company shall exclude any information,
except that related to the commission of misdemeanors or felonies by the
individual, pertaining to law enforcement officers or fire fighters as defined
in RCW 41.26.030, or any officer of the Washington state patrol, while driving
official vehicles in the performance of occupational duty. The abstract
provided to the insurance company shall include convictions for section 4 of
this act and RCW 46.61.525 (((1) and (2))) except that the abstract
shall report them only as negligent driving without reference to whether they
are for first or second degree negligent driving. The abstract provided to the
insurance company shall exclude any deferred prosecution under RCW 10.05.060,
except that if a person is removed from a deferred prosecution under RCW
10.05.090, the abstract shall show the deferred prosecution as well as the
removal.
The
director shall collect for each abstract the sum of four dollars and fifty
cents which shall be deposited in the highway safety fund.
Any
insurance company or its agent receiving the certified abstract shall use it
exclusively for its own underwriting purposes and shall not divulge any of the
information contained in it to a third party. No policy of insurance may be
canceled, nonrenewed, denied, or have the rate increased on the basis of such
information unless the policyholder was determined to be at fault. No
insurance company or its agent for underwriting purposes relating to the
operation of commercial motor vehicles may use any information contained in the
abstract relative to any person's operation of motor vehicles while not engaged
in such employment, nor may any insurance company or its agent for underwriting
purposes relating to the operation of noncommercial motor vehicles use any
information contained in the abstract relative to any person's operation of
commercial motor vehicles.
Any
employer or prospective employer or an agent acting on behalf of an employer or
prospective employer receiving the certified abstract shall use it exclusively
for his or her own purpose to determine whether the licensee should be
permitted to operate a commercial vehicle or school bus upon the public
highways of this state and shall not divulge any information contained in it to
a third party.
Any
alcohol/drug assessment or treatment agency approved by the department of
social and health services receiving the certified abstract shall use it
exclusively for the purpose of assisting its employees in making a determination
as to what level of treatment, if any, is appropriate. The agency, or any of
its employees, shall not divulge any information contained in the abstract to a
third party.
Release
of a certified abstract of the driving record of an employee or prospective
employee requires a statement signed by: (1) The employee or prospective
employee that authorizes the release of the record, and (2) the employer
attesting that the information is necessary to determine whether the licensee
should be employed to operate a commercial vehicle or school bus upon the
public highways of this state. If the employer or prospective employer
authorizes an agent to obtain this information on their behalf, this must be
noted in the statement.
Any
violation of this section is a gross misdemeanor.
Sec.
13. RCW
46.61.005 and 1990 c 291 s 4 are each amended to read as follows:
The
provisions of this chapter relating to the operation of vehicles refer
exclusively to the operation of vehicles upon highways except:
(1)
Where a different place is specifically referred to in a given section.
(2)
The provisions of RCW 46.52.010 through 46.52.090 ((and)),
46.61.500 through 46.61.525, and section 4 of this act shall apply upon
highways and elsewhere throughout the state.
Sec.
14. RCW
46.61.5055 and 1996 c 307 s 3 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.
(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)
A conviction for a violation of ((RCW 46.61.525(1))) section 4 of
this act or an equivalent local ordinance, if the conviction is the result
of a charge that was originally filed as a violation of RCW 46.61.502 or
46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 46.61.522;
(vi)
An out-of-state conviction for a violation that would have been a violation of
(a)(i), (ii), (iii), (iv), or (v) of this subsection if committed in this
state;
(vii)
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; or
(viii)
A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a
violation of ((RCW 46.61.525(1))) section 4 of this act, or an
equivalent local ordinance, if the charge under which the deferred prosecution
was granted was originally filed as a violation of RCW 46.61.502 or ((46.61.502))
46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or
46.61.522.
(b) "Within five years" means that the arrest for a prior
offense occurred within five years of the arrest for the current offense.
