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HOUSE BILL 1567
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AS AMENDED BY THE SENATE
Passed Legislature - 2001 Regular Session
State of Washington 57th Legislature 2001
Regular Session
By
Read first time 01/30/2001. Referred to
Committee on Criminal Justice & Corrections.
Increasing the penalty
for intentional misuse of abstracts of driving records.
AN ACT Relating to
penalties for the misuse of abstracts of driving records; amending RCW
46.52.130; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 46.52.130 and 1998 c
165 s 11 are each 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; whether the accident resulted in any fatality; 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)(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 RCW 46.61.5249 and 46.61.525 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 negligent
violation of this section is a gross misdemeanor.
Any
intentional violation of this section is a class C felony.
