Washington State House of Representatives Office of Program Research	BILL ANALYSIS
Juvenile Justice & Family Law Committee

HB 2033

Brief Description:  Allowing juveniles to get occupational drivers' licenses.

Sponsors:  Representatives Kagi, Dickerson and Dunn.

Brief Summary of Bill

$Allows juveniles whose driving privileges are revoked based on firearm, alcohol, and drug related convictions to apply for occupational drivers' licenses.

Hearing Date:  1/17/02

Staff:  Tracey Taylor (786‑7196).

Background:

The Department of Licensing (DOL) may suspended or revoke a person's driving privilege for a number of reasons, including specific criminal convictions, such as DUI, Reckless Driving and Hit and Run Attended, and for refusing to submit to an alcohol test as required by the implied consent laws.

The DOL may suspend or revoke a juvenile's driving privilege if the juvenile is convicted of:

$unlawful possession of a firearm involving a motor vehicle;

$any offense committed while armed with a firearm and involving a motor vehicle;

$any offense regarding the purchase, possession, or consumption of alcohol;

$any violation of the legend drug laws;

$any violation of the controlled substance laws; and

$any violation of the imitation controlled substance laws.

The first license revocation is one year or until the juvenile reaches age 17, whichever is longer.  The second or subsequent revocation is two years or until the juvenile reaches age 18, whichever is longer.  All revocations are consecutive.  A juvenile may petition the juvenile court for reinstatement at an earlier date but the decision to grant reinstatement is within the court's discretion.

The DOL may issue an occupational license to a person whose driving privilege is suspended either for a motor vehicle related crime, other than vehicular homicide or vehicular assault, or for refusing to submit to an alcohol test pursuant to the implied consent law.  An occupational license is not allowed during the first 30 days of a suspension or revocation that is based on a refusal to submit to an alcohol test, or based on a conviction for DUI or being in physical control of a motor vehicle while under the influence of intoxicants.

In order to be granted an occupational license, the person must be engaged in an occupation or trade for which operating a motor vehicle is essential.   Upon issuing the occupational license, the DOL must specify the type of occupation permitted, and the hours of the day, the days of the week, and the route in which driving is permitted.  A violation of the restrictions invalidates the occupational license, subjects the driver to a maximum penalty of six months in jail and a $200 fine, and resuspends the person's driving privilege.

Summary of Bill:

Juveniles whose driving privileges are suspended or revoked because of convictions for firearm, alcohol, and drug related crimes are eligible to apply for an occupational license if they are otherwise eligible to drive.

Appropriation:  None.

Fiscal Note:  Not Requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.