H 0509

H‑0509.1 _____________________________________________

HOUSE BILL 1895

_____________________________________________

State of Washington 57th Legislature 2001 Regular Session

By Representatives Esser, Morris, Barlean, Cooper, Mielke, O'Brien, Mulliken, Ericksen, Hatfield, B. Chandler, Linville and Kirby

Read first time 02/08/2001. Referred to Committee on Criminal Justice & Corrections.

_1 AN ACT Relating to theft of motor vehicle fuel; amending RCW

_2 46.20.311, 46.20.342, and 46.63.020; adding a new section to

_3 chapter 46.61 RCW; and prescribing penalties.

_4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_5 NEW SECTION. Sec. 1. A new section is added to chapter 46.61

_6 RCW under the subchapter heading "miscellaneous rules" to read as

_7 follows:

_8 (1) Any person who refuses to pay or evades payment for motor

_9 vehicle fuel that is pumped into a motor vehicle is guilty of

10 theft of motor vehicle fuel. A violation of this subsection is a

11 gross misdemeanor punishable under chapter 9A.20 RCW.

12 (2) The license, permit, or nonresident driving privilege of

13 any person convicted of theft of motor vehicle fuel must be

14 suspended by the department for six months.

15 Sec. 2. RCW 46.20.311 and 2000 c 115 s 7 are each amended to read

16 as follows:

17 (1)(a) The department shall not suspend a driver's license or

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_1 privilege to drive a motor vehicle on the public highways for a

_2 fixed period of more than one year, except as specifically

_3 permitted under RCW 46.20.267, 46.20.342, or other provision of

_4 law. Except for a suspension under RCW 46.20.267, 46.20.289,

_5 46.20.291(5), 46.61.--- (section 1 of this act), or 74.20A.320,

_6 whenever the license or driving privilege of any person is

_7 suspended by reason of a conviction, a finding that a traffic

_8 infraction has been committed, pursuant to chapter 46.29 RCW, or

_9 pursuant to RCW 46.20.291 or 46.20.308, the suspension shall

10 remain in effect until the person gives and thereafter maintains

11 proof of financial responsibility for the future as provided in

12 chapter 46.29 RCW. If the suspension is the result of a violation

13 of RCW 46.61.502 or 46.61.504, the department shall determine the

14 person's eligibility for licensing based upon the reports provided

15 by the alcoholism agency or probation department designated under

16 RCW 46.61.5056 and shall deny reinstatement until enrollment and

17 participation in an approved program has been established and the

18 person is otherwise qualified. Whenever the license or driving

19 privilege of any person is suspended as a result of certification

20 of noncompliance with a child support order under chapter 74.20A

21 RCW or a residential or visitation order, the suspension shall

22 remain in effect until the person provides a release issued by the

23 department of social and health services stating that the person

24 is in compliance with the order.

25 (b)(i) The department shall not issue to the person a new,

26 duplicate, or renewal license until the person pays a reissue fee

27 of twenty dollars.

28 (ii) If the suspension is the result of a violation of RCW

29 46.61.502 or 46.61.504, or is the result of administrative action

30 under RCW 46.20.308, the reissue fee shall be one hundred fifty

31 dollars.

32 (2)(a) Any person whose license or privilege to drive a motor

33 vehicle on the public highways has been revoked, unless the

34 revocation was for a cause which has been removed, is not entitled

35 to have the license or privilege renewed or restored until: (i)

36 After the expiration of one year from the date the license or

37 privilege to drive was revoked; (ii) after the expiration of the

38 applicable revocation period provided by RCW 46.20.3101 or

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_1 46.61.5055; (iii) after the expiration of two years for persons

_2 convicted of vehicular homicide; or (iv) after the expiration of

_3 the applicable revocation period provided by RCW 46.20.265.

_4 (b)(i) After the expiration of the appropriate period, the

_5 person may make application for a new license as provided by law

_6 together with a reissue fee in the amount of twenty dollars.

_7 (ii) If the revocation is the result of a violation of RCW

_8 46.20.308, 46.61.502, or 46.61.504, the reissue fee shall be one

_9 hundred fifty dollars. If the revocation is the result of a

10 violation of RCW 46.61.502 or 46.61.504, the department shall

11 determine the person's eligibility for licensing based upon the

12 reports provided by the alcoholism agency or probation department

13 designated under RCW 46.61.5056 and shall deny reissuance of a

14 license, permit, or privilege to drive until enrollment and

15 participation in an approved program has been established and the

16 person is otherwise qualified.

17 (c) Except for a revocation under RCW 46.20.265, the department

18 shall not then issue a new license unless it is satisfied after

19 investigation of the driving ability of the person that it will be

20 safe to grant the privilege of driving a motor vehicle on the

21 public highways, and until the person gives and thereafter

22 maintains proof of financial responsibility for the future as

23 provided in chapter 46.29 RCW. For a revocation under RCW

24 46.20.265, the department shall not issue a new license unless it

25 is satisfied after investigation of the driving ability of the

26 person that it will be safe to grant that person the privilege of

27 driving a motor vehicle on the public highways.

28 (3)(a) Whenever the driver's license of any person is suspended

29 pursuant to Article IV of the nonresident violators compact or RCW

30 46.23.020 or 46.20.289 or 46.20.291(5), the department shall not

31 issue to the person any new or renewal license until the person

32 pays a reissue fee of twenty dollars.

33 (b) If the suspension is the result of a violation of the laws

34 of this or any other state, province, or other jurisdiction

35 involving (i) the operation or physical control of a motor vehicle

36 upon the public highways while under the influence of intoxicating

37 liquor or drugs, or (ii) the refusal to submit to a chemical test

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_1 of the driver's blood alcohol content, the reissue fee shall be

_2 one hundred fifty dollars.

_3 Sec. 3. RCW 46.20.342 and 2000 c 115 s 8 are each amended to read

_4 as follows:

_5 (1) It is unlawful for any person to drive a motor vehicle in

_6 this state while that person is in a suspended or revoked status

_7 or when his or her privilege to drive is suspended or revoked in

_8 this or any other state. Any person who has a valid Washington

_9 driver's license is not guilty of a violation of this section.

10 (a) A person found to be an habitual offender under chapter

11 46.65 RCW, who violates this section while an order of revocation

12 issued under chapter 46.65 RCW prohibiting such operation is in

13 effect, is guilty of driving while license suspended or revoked in

14 the first degree, a gross misdemeanor. Upon the first such

15 conviction, the person shall be punished by imprisonment for not

16 less than ten days. Upon the second conviction, the person shall be

17 punished by imprisonment for not less than ninety days. Upon the

18 third or subsequent conviction, the person shall be punished by

19 imprisonment for not less than one hundred eighty days. If the

20 person is also convicted of the offense defined in RCW 46.61.502

21 or 46.61.504, when both convictions arise from the same event, the

22 minimum sentence of confinement shall be not less than ninety

23 days. The minimum sentence of confinement required shall not be

24 suspended or deferred. A conviction under this subsection does not

25 prevent a person from petitioning for reinstatement as provided by

26 RCW 46.65.080.

27 (b) A person who violates this section while an order of

28 suspension or revocation prohibiting such operation is in effect

29 and while the person is not eligible to reinstate his or her

30 driver's license or driving privilege, other than for a suspension

31 for the reasons described in (c) of this subsection, is guilty of

32 driving while license suspended or revoked in the second degree, a

33 gross misdemeanor. This subsection applies when a person's driver's

34 license or driving privilege has been suspended or revoked by

35 reason of:

36 (i) A conviction of a felony in the commission of which a motor

37 vehicle was used;

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_1 (ii) A previous conviction under this section;

_2 (iii) A notice received by the department from a court or

_3 diversion unit as provided by RCW 46.20.265, relating to a minor

_4 who has committed, or who has entered a diversion unit concerning

_5 an offense relating to alcohol, legend drugs, controlled

_6 substances, or imitation controlled substances;

_7 (iv) A conviction of RCW 46.20.410, relating to the violation

_8 of restrictions of an occupational driver's license;

_9 (v) A conviction of RCW 46.20.345, relating to the operation of

10 a motor vehicle with a suspended or revoked license;

11 (vi) A conviction of RCW 46.52.020, relating to duty in case of

12 injury to or death of a person or damage to an attended vehicle;

13 (vii) A conviction of RCW 46.61.024, relating to attempting to

14 elude pursuing police vehicles;

15 (viii) A conviction of RCW 46.61.500, relating to reckless

16 driving;

17 (ix) A conviction of RCW 46.61.502 or 46.61.504, relating to a

18 person under the influence of intoxicating liquor or drugs;

19 (x) A conviction of RCW 46.61.520, relating to vehicular

20 homicide;

21 (xi) A conviction of RCW 46.61.522, relating to vehicular

22 assault;

23 (xii) A conviction of RCW 46.61.527(4), relating to reckless

24 endangerment of roadway workers;

25 (xiii) A conviction of RCW 46.61.530, relating to racing of

26 vehicles on highways;

27 (xiv) A conviction of RCW 46.61.685, relating to leaving

28 children in an unattended vehicle with motor running;

29 (xv) A conviction of RCW 46.61.--- (section 1 of this act),

30 relating to theft of motor vehicle fuel;

31 (xvi) A conviction of RCW 46.64.048, relating to attempting,

32 aiding, abetting, coercing, and committing crimes;

33 ((~~(xvi)~~)) (xvii) An administrative action taken by the

34 department under chapter 46.20 RCW; or

35 ((~~(xvii)~~)) (xviii) A conviction of a local law, ordinance,

36 regulation, or resolution of a political subdivision of this

37 state, the federal government, or any other state, of an offense

38 substantially similar to a violation included in this subsection.

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_1 (c) A person who violates this section when his or her driver's

_2 license or driving privilege is, at the time of the violation,

_3 suspended or revoked solely because (i) the person must furnish

_4 proof of satisfactory progress in a required alcoholism or drug

_5 treatment program, (ii) the person must furnish proof of financial

_6 responsibility for the future as provided by chapter 46.29 RCW,

_7 (iii) the person has failed to comply with the provisions of

_8 chapter 46.29 RCW relating to uninsured accidents, (iv) the person

_9 has failed to respond to a notice of traffic infraction, failed to

10 appear at a requested hearing, violated a written promise to

11 appear in court, or has failed to comply with the terms of a

12 notice of traffic infraction or citation, as provided in RCW

13 46.20.289, (v) the person has committed an offense in another

14 state that, if committed in this state, would not be grounds for

15 the suspension or revocation of the person's driver's license,

16 (vi) the person has been suspended or revoked by reason of one or

17 more of the items listed in (b) of this subsection, but was

18 eligible to reinstate his or her driver's license or driving

19 privilege at the time of the violation, or (vii) the person has

20 received traffic citations or notices of traffic infraction that

21 have resulted in a suspension under RCW 46.20.267 relating to

22 intermediate drivers' licenses, or any combination of (i) through

23 (vii), is guilty of driving while license suspended or revoked in

24 the third degree, a misdemeanor.

25 (2) Upon receiving a record of conviction of any person or upon

26 receiving an order by any juvenile court or any duly authorized

27 court officer of the conviction of any juvenile under this

28 section, the department shall:

29 (a) For a conviction of driving while suspended or revoked in

30 the first degree, as provided by subsection (1)(a) of this

31 section, extend the period of administrative revocation imposed

32 under chapter 46.65 RCW for an additional period of one year from

33 and after the date the person would otherwise have been entitled

34 to apply for a new license or have his or her driving privilege

35 restored; or

36 (b) For a conviction of driving while suspended or revoked in

37 the second degree, as provided by subsection (1)(b) of this

38 section, not issue a new license or restore the driving privilege

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_1 for an additional period of one year from and after the date the

_2 person would otherwise have been entitled to apply for a new

_3 license or have his or her driving privilege restored; or

_4 (c) Not extend the period of suspension or revocation if the

_5 conviction was under subsection (1)(c) of this section. If the

_6 conviction was under subsection (1)(a) or (b) of this section and

_7 the court recommends against the extension and the convicted

_8 person has obtained a valid driver's license, the period of

_9 suspension or revocation shall not be extended.

10 Sec. 4. RCW 46.63.020 and 1999 c 86 s 6 are each amended to read

11 as follows:

12 Failure to perform any act required or the performance of any

13 act prohibited by this title or an equivalent administrative

14 regulation or local law, ordinance, regulation, or resolution

15 relating to traffic including parking, standing, stopping, and

16 pedestrian offenses, is designated as a traffic infraction and may

17 not be classified as a criminal offense, except for an offense

18 contained in the following provisions of this title or a violation

19 of an equivalent administrative regulation or local law,

20 ordinance, regulation, or resolution:

21 (1) RCW 46.09.120(2) relating to the operation of a nonhighway

22 vehicle while under the influence of intoxicating liquor or a

23 controlled substance;

24 (2) RCW 46.09.130 relating to operation of nonhighway vehicles;

25 (3) RCW 46.10.090(2) relating to the operation of a snowmobile

26 while under the influence of intoxicating liquor or narcotics or

27 habit‑forming drugs or in a manner endangering the person of

28 another;

29 (4) RCW 46.10.130 relating to the operation of snowmobiles;

30 (5) Chapter 46.12 RCW relating to certificates of ownership and

31 registration and markings indicating that a vehicle has been

32 destroyed or declared a total loss;

33 (6) RCW 46.16.010 relating to initial registration of motor

34 vehicles;

35 (7) RCW 46.16.011 relating to permitting unauthorized persons

36 to drive;

37 (8) RCW 46.16.160 relating to vehicle trip permits;

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_1 (9) RCW 46.16.381(2) relating to knowingly providing false

_2 information in conjunction with an application for a special

_3 placard or license plate for disabled persons' parking;

_4 (10) RCW 46.20.005 relating to driving without a valid driver's

_5 license;

_6 (11) RCW 46.20.091 relating to false statements regarding a

_7 driver's license or instruction permit;

_8 (12) RCW ((~~46.20.336~~)) 46.20.0921 relating to the unlawful

_9 possession and use of a driver's license;

10 (13) RCW 46.20.342 relating to driving with a suspended or

11 revoked license or status;

12 (14) RCW 46.20.345 relating to the operation of a motor vehicle

13 with a suspended or revoked license;

14 (15) RCW 46.20.410 relating to the violation of restrictions of

15 an occupational driver's license;

16 ((~~(15) RCW 46.20.420 relating to the operation of a motor~~

17 ~~vehicle with a suspended or revoked license;~~))

18 (16) RCW 46.20.740 relating to operation of a motor vehicle

19 without an ignition interlock device in violation of a license

20 notation that the device is required;

21 (17) RCW 46.20.750 relating to assisting another person to

22 start a vehicle equipped with an ignition interlock device;

23 (18) RCW 46.25.170 relating to commercial driver's licenses;

24 (19) Chapter 46.29 RCW relating to financial responsibility;

25 (20) RCW 46.30.040 relating to providing false evidence of

26 financial responsibility;

27 (21) RCW 46.37.435 relating to wrongful installation of

28 sunscreening material;

29 (22) RCW 46.44.180 relating to operation of mobile home pilot

30 vehicles;

31 (23) RCW 46.48.175 relating to the transportation of dangerous

32 articles;

33 (24) RCW 46.52.010 relating to duty on striking an unattended

34 car or other property;

35 (25) RCW 46.52.020 relating to duty in case of injury to or

36 death of a person or damage to an attended vehicle;

37 (26) RCW 46.52.090 relating to reports by repairmen,

38 storagemen, and appraisers;

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_1 (27) RCW 46.52.130 relating to confidentiality of the driving

_2 record to be furnished to an insurance company, an employer, and

_3 an alcohol/drug assessment or treatment agency;

_4 (28) RCW 46.55.020 relating to engaging in the activities of a

_5 registered tow truck operator without a registration certificate;

_6 (29) RCW 46.55.035 relating to prohibited practices by tow

_7 truck operators;

_8 (30) RCW 46.61.015 relating to obedience to police officers,

_9 ((~~flagmen~~)) flaggers, or fire fighters;

10 (31) RCW 46.61.020 relating to refusal to give information to

11 or cooperate with an officer;

12 (32) RCW 46.61.022 relating to failure to stop and give

13 identification to an officer;

14 (33) RCW 46.61.024 relating to attempting to elude pursuing

15 police vehicles;

16 (34) RCW 46.61.500 relating to reckless driving;

17 (35) RCW 46.61.502 and 46.61.504 relating to persons under the

18 influence of intoxicating liquor or drugs;

19 (36) RCW 46.61.503 relating to a person under age twenty-one

20 driving a motor vehicle after consuming alcohol;

21 (37) RCW 46.61.520 relating to vehicular homicide by motor

22 vehicle;

23 (38) RCW 46.61.522 relating to vehicular assault;

24 (39) RCW 46.61.5249 relating to first degree negligent driving;

25 (40) RCW 46.61.527(4) relating to reckless endangerment of

26 roadway workers;

27 (41) RCW 46.61.530 relating to racing of vehicles on highways;

28 (42) RCW 46.61.685 relating to leaving children in an

29 unattended vehicle with the motor running;

30 (43) RCW 46.61.--- (section 1 of this act) relating to theft of

31 motor vehicle fuel;

32 (44) RCW 46.64.010 relating to unlawful cancellation of or

33 attempt to cancel a traffic citation;

34 ((~~(44)~~)) (45) RCW 46.64.048 relating to attempting, aiding,

35 abetting, coercing, and committing crimes;

36 ((~~(45)~~)) (46) Chapter 46.65 RCW relating to habitual traffic

37 offenders;

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_1 ((~~(46)~~)) (47) RCW 46.68.010 relating to false statements made

_2 to obtain a refund;

_3 ((~~(47)~~)) (48) Chapter 46.70 RCW relating to unfair motor

_4 vehicle business practices, except where that chapter provides for

_5 the assessment of monetary penalties of a civil nature;

_6 ((~~(48)~~)) (49) Chapter 46.72 RCW relating to the transportation

_7 of passengers in for hire vehicles;

_8 ((~~(49)~~)) (50) RCW 46.72A.060 relating to limousine carrier

_9 insurance;

10 ((~~(50)~~)) (51) RCW 46.72A.070 relating to operation of a

11 limousine without a vehicle certificate;

12 ((~~(51)~~)) (52) RCW 46.72A.080 relating to false advertising by a

13 limousine carrier;

14 ((~~(52)~~)) (53) Chapter 46.80 RCW relating to motor vehicle

15 wreckers;

16 ((~~(53)~~)) (54) Chapter 46.82 RCW relating to driver's training

17 schools;

18 ((~~(54)~~)) (55) RCW 46.87.260 relating to alteration or forgery

19 of a cab card, letter of authority, or other temporary authority

20 issued under chapter 46.87 RCW;

21 ((~~(55)~~)) (56) RCW 46.87.290 relating to operation of an

22 unregistered or unlicensed vehicle under chapter 46.87 RCW.

‑‑‑ END ‑‑‑

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