AN
ACT Relating to use of ignition interlock devices; amending RCW 46.20.720,
46.20.740, and 46.55.113; reenacting and amending RCW 46.61.5055; adding a new
section to chapter 46.61 RCW; creating new sections; prescribing penalties; and
providing an effective date.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. This
act may be known and cited as the Mary Johnsen Act.
Sec.
2. RCW
46.20.720 and 1997 c 229 s 8 are each amended to read as follows:
(1) The
court may order that after a period of suspension, revocation, or denial of
driving privileges, and for up to as long as the court has jurisdiction, any
person convicted of any offense involving the use, consumption, or possession
of alcohol while operating a motor vehicle may drive only a motor vehicle
equipped with a functioning ignition interlock or other biological or technical
device.
(2)
If a person is convicted of a violation of RCW 46.61.502 or 46.61.504 or an
equivalent local ordinance, the court shall order that after a period of
suspension, revocation, or denial of driving privileges, the person may drive
only a motor vehicle equipped with a functioning ignition interlock or other
biological or technical device. The court may waive the requirement for the
use of such a device if the court makes a specific finding in writing that such
devices are not reasonably available in the local area.
(3)
The court shall establish a specific calibration setting at which the ignition
interlock or other biological or technical device will prevent the motor
vehicle from being started and the period of time that the person shall be
subject to the restriction. In the case of a person under subsection (2) of
this section, the period of time of the restriction will be as follows:
(a)
For a person subject to RCW 46.61.5055 (1)(b), (2), or (3) who has not
previously been restricted under this section, a period of not less than one
year;
(b)
For a person who has previously been restricted under (a) of this subsection, a
period of not less than five years;
(c)
For a person who has previously been restricted under (b) of this subsection, a
period of not less than ten years.
For
purposes of this section, "convicted" means being found guilty of an
offense or being placed on a deferred prosecution program under chapter 10.05
RCW.
*Sec.
3.
RCW 46.20.740 and 1997 c 229 s 10 are each amended to read as follows:
(1)
The department shall attach or imprint a notation on the driver's license of
any person restricted under RCW 46.20.720 or 46.61.5055 stating that the
person may operate only a motor vehicle equipped with an ignition interlock or
other biological or technical device.
(2)
It is a misdemeanor for a person with such a notation on his or her driver's
license to operate a motor vehicle that is not so equipped. For the first
such conviction, the minimum sentence is thirty days in jail. For a second
offense, the minimum sentence is sixty days in jail. For a third or subsequent
offense, the minimum sentence is ninety days in jail.
*Sec. 3 was vetoed. See message at end of chapter.
Sec.
4. RCW
46.61.5055 and 1997 c 229 s 11 and 1997 c 66 s 14 are each reenacted and
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 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 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; and
(iv)
By a court-ordered restriction under RCW 46.20.720.
(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 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; and
(iv)
By a court-ordered restriction under RCW 46.20.720; 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 nine hundred 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; and
(iv)
By a court-ordered restriction under RCW 46.20.720.
(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 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; and
(iv)
By a court-ordered restriction under RCW 46.20.720; 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 four 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; and
(iv)
By a court-ordered restriction under RCW 46.20.720.
(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, installation of an
ignition interlock or other biological or technical device on the probationer's
motor vehicle, 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 46.61.5249 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 46.61.5249, 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 46.61.504, 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.
*Sec.
5.
RCW 46.55.113 and 1997 c 66 s 7 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 or any similar municipal ordinance, the arresting officer may
take custody of the vehicle and provide for its prompt removal to a place of
safety. If the driver is in violation of a restriction under RCW 46.20.720
or 46.61.5055 to operate only a motor vehicle equipped with an ignition
interlock or other biological or technical device, the arresting officer shall
take custody of the vehicle and provide for its prompt removal to a place of
safety. The vehicle will remain impounded for use as evidence at a trial
regarding the violation of the restriction.
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 46.20.005 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. 5 was vetoed. See message at end of chapter.
*NEW
SECTION. Sec. 6.
A new section is added to chapter 46.61 RCW to read as follows:
Charges
of a violation of RCW 46.61.502, 46.61.503, or 46.61.504, whether made by
citation, complaint, or information, shall be filed, and arraignment on those
charges shall be held, within twenty-one days following arrest.
*Sec. 6 was vetoed. See message at end of chapter.
NEW
SECTION. Sec. 7. The
legislature finds that driving is a privilege and that the state may restrict
that privilege in the interests of public safety. One such reasonable
restriction is requiring certain individuals, if they choose to drive, to drive
only vehicles equipped with ignition interlock devices. The legislature
further finds that the costs of these devices are minimal and are affordable.
It is the intent of the legislature that these devices be paid for by the
drivers using them and that neither the state nor entities of local government
provide any public funding for this purpose.
*NEW
SECTION. Sec. 8.
If this act mandates an increased level of service by local governments, the
local government may, under RCW 43.135.060 and chapter 4.92 RCW, submit claims
for reimbursement by the legislature. The claims shall be subject to
verification by the office of financial management.
*Sec. 8 was vetoed. See message at end of chapter.
NEW
SECTION. Sec. 9. This
act takes effect January 1, 1999.
