H-4173.1  _______________________________________________

 

                    SUBSTITUTE HOUSE BILL 2741

          _______________________________________________

 

State of Washington      57th Legislature     2002 Regular Session

 

By House Committee on Juvenile Justice & Family Law (originally sponsored by Representatives Nixon, Bush, DeBolt, Morell, Crouse, Esser, Van Luven, Schmidt, Delvin, Pflug, Casada, Roach, Schoesler, Anderson, Benson and Pearson)

 

Read first time 02/07/2002.  Referred to Committee on .

Revising driving privileges for juveniles convicted of motor vehicle felonies.


    AN ACT Relating to the revocation of juvenile driving privileges; amending RCW 46.20.265 and 9A.56.030; and prescribing penalties.

 

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

 

    Sec. 1.  RCW 46.20.265 and 1998 c 41 s 2 are each amended to read as follows:

    (1) In addition to any other authority to revoke driving privileges under this chapter, the department shall revoke all driving privileges of a juvenile when the department receives notice from a court pursuant to RCW 9.41.040(5), 9A.56.030(3), 13.40.265, 66.44.365, 69.41.065, 69.50.420, 69.52.070, or a substantially similar municipal ordinance adopted by a local legislative authority, or from a diversion unit pursuant to RCW 13.40.265.  The revocation shall be imposed without hearing.

    (2) The driving privileges of the juvenile revoked under subsection (1) of this section shall be revoked in the following manner:

    (a) Upon receipt of the first notice, the department shall impose a revocation for one year, or until the juvenile reaches seventeen years of age, whichever is longer.

    (b) Upon receipt of a second or subsequent notice, the department shall impose a revocation for two years or until the juvenile reaches eighteen years of age, whichever is longer.

    (c) Each offense for which the department receives notice shall result in a separate period of revocation.  All periods of revocation imposed under this section that could otherwise overlap shall run consecutively and no period of revocation imposed under this section shall begin before the expiration of all other periods of revocation imposed under this section or other law.

    (3) If the department receives notice from a court that the juvenile's privilege to drive should be reinstated, the department shall immediately reinstate any driving privileges that have been revoked under this section if the minimum term of revocation as specified in RCW 13.40.265(1)(c), 66.44.365(3), 69.41.065(3), 69.50.420(3), 69.52.070(3), or similar ordinance has expired, and subject to subsection (2)(c) of this section.

    (4)(a) If the department receives notice pursuant to RCW 13.40.265(2)(b) from a diversion unit that a juvenile has completed a diversion agreement for which the juvenile's driving privileges were revoked, the department shall reinstate any driving privileges revoked under this section as provided in (b) of this subsection, subject to subsection (2)(c) of this section.

    (b) If the diversion agreement was for the juvenile's first violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the department shall not reinstate the juvenile's privilege to drive until the later of ninety days after the date the juvenile turns sixteen or ninety days after the juvenile entered into a diversion agreement for the offense.  If the diversion agreement was for the juvenile's second or subsequent violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the department shall not reinstate the juvenile's privilege to drive until the later of the date the juvenile turns seventeen or one year after the juvenile entered into the second or subsequent diversion agreement.

 

    Sec. 2.  RCW 9A.56.030 and 1995 c 129 s 11 are each amended to read as follows:

    (1) A person is guilty of theft in the first degree if he or she commits theft of:

    (a) Property or services which exceed(s) one thousand five hundred dollars in value other than a firearm as defined in RCW 9.41.010; or

    (b) Property of any value other than a firearm as defined in RCW 9.41.010 taken from the person of another.

    (2) Theft in the first degree is a class B felony.

    (3) A juvenile convicted of motor vehicle theft in the first degree under this section shall also have driving privileges revoked in accordance with RCW 46.20.265.  Upon conviction, the court shall immediately transmit conviction data to the department of licensing necessary for the administration of RCW 46.20.265.

 


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