S-0873.1 _______________________________________________
SENATE BILL 5690
_______________________________________________
State of Washington 57th Legislature 2001 Regular Session
By Senators Rasmussen, Hochstatter, Kastama, Eide and B. Sheldon
Read first time 01/30/2001. Referred to Committee on Judiciary.
AN ACT Relating to revocation of driving privileges; amending RCW 46.20.265, 66.44.365, 69.41.065, 69.50.420, and 69.52.070; 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)) person when
the department receives notice from a court pursuant to RCW 9.41.040(5),
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)) person under the age of twenty-one
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)) person 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)) person 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)) person'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reinstate any driving privileges that have been revoked under this section if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)) person under the age of twenty-one has
completed a diversion agreement for which the ((juvenile's)) person'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)) person's first violation of
chapter 66.44, 69.41, 69.50, or 69.52 RCW, the department shall not reinstate
the ((juvenile's)) person's privilege to drive until the later of
ninety days after the date the ((juvenile)) person turns sixteen
or ninety days after the ((juvenile)) person entered into a
diversion agreement for the offense. If the diversion agreement was for the ((juvenile's))
person'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)) person's
privilege to drive until the later of the date the ((juvenile)) person
turns seventeen or one year after the ((juvenile)) person entered
into the second or subsequent diversion agreement.
Sec. 2. RCW 66.44.365 and 1989 c 271 s 118 are each amended to read as follows:
(1) If a ((juvenile))
person thirteen years of age or older and under the age of ((eighteen))
twenty-one is found by a court to have committed any offense that is a
violation of this chapter, the court shall notify the department of licensing
within twenty-four hours after entry of the judgment.
(2) Except as otherwise
provided in subsection (3) of this section, upon petition of a ((juvenile))
person under the age of twenty-one whose privilege to drive has been
revoked pursuant to RCW 46.20.265, the court may notify the department of
licensing that the ((juvenile's)) person's privilege to drive
should be reinstated.
(3) If the conviction
is for the ((juvenile's)) first violation by a person under the age
of twenty-one of this chapter or chapter 69.41, 69.50, or 69.52 RCW, ((a
juvenile)) the person may not petition the court for reinstatement
of the ((juvenile's)) person's privilege to drive revoked
pursuant to RCW 46.20.265 until the later of ninety days after the date the ((juvenile))
person turns sixteen or ninety days after the judgment was entered. If
the conviction was for the ((juvenile's)) second or subsequent violation
by a person under the age of twenty-one of this chapter or chapter
69.41, 69.50, or 69.52 RCW, the ((juvenile)) person may not
petition the court for reinstatement of the ((juvenile's)) person's
privilege to drive revoked pursuant to RCW 46.20.265 until the later of the
date the ((juvenile)) person turns seventeen or one year after
the date judgment was entered.
Sec. 3. RCW 69.41.065 and 1989 c 271 s 119 are each amended to read as follows:
(1) If a ((juvenile))
person thirteen years of age or older and under the age of twenty-one is
found by a court to have committed any offense that is a violation of this
chapter, the court shall notify the department of licensing within twenty-four
hours after entry of the judgment.
(2) Except as otherwise
provided in subsection (3) of this section, upon petition of a ((juvenile))
person under the age of twenty-one whose privilege to drive has been
revoked pursuant to RCW 46.20.265, the court may notify the department of
licensing that the ((juvenile's)) person's privilege to drive
should be reinstated.
(3) If the conviction
is for the ((juvenile's)) first violation by a person under the age
of twenty-one of this chapter or chapter 66.44, 69.50, or 69.52 RCW, the ((juvenile))
person may not petition the court for reinstatement of the ((juvenile's))
person's privilege to drive revoked pursuant to RCW 46.20.265 until the
later of ninety days after the date the ((juvenile)) person turns
sixteen or ninety days after the judgment was entered. If the conviction was
for the ((juvenile's)) second or subsequent violation by a person
under the age of twenty-one of this chapter or chapter 66.44, 69.50, or
69.52 RCW, the ((juvenile)) person may not petition the court for
reinstatement of the ((juvenile's)) person's privilege to drive
revoked pursuant to RCW 46.20.265 until the later of the date the ((juvenile))
person turns seventeen or one year after the date judgment was entered.
Sec. 4. RCW 69.50.420 and 1989 c 271 s 120 are each amended to read as follows:
(1) If a ((juvenile))
person thirteen years of age or older and under the age of twenty-one is
found by a court to have committed any offense that is a violation of this
chapter, the court shall notify the department of licensing within twenty-four
hours after entry of the judgment.
(2) Except as otherwise
provided in subsection (3) of this section, upon petition of a ((juvenile))
person under the age of twenty-one whose privilege to drive has been
revoked pursuant to RCW 46.20.265, the court may at any time the court deems
appropriate notify the department of licensing to reinstate the ((juvenile's))
person's privilege to drive.
(3) If the conviction
is for the ((juvenile's)) first violation by a person under the age
of twenty-one of this chapter or chapter 66.44, 69.41, or 69.52 RCW, the ((juvenile))
person may not petition the court for reinstatement of the ((juvenile's))
person's privilege to drive revoked pursuant to RCW 46.20.265 until the
later of ninety days after the date the ((juvenile)) person turns
sixteen or ninety days after the judgment was entered. If the conviction was
for the ((juvenile's)) second or subsequent violation by a person
under the age of twenty-one of this chapter or chapter 66.44, 69.41, or
69.52 RCW, the ((juvenile)) person may not petition the court for
reinstatement of the ((juvenile's)) person's privilege to drive
revoked pursuant to RCW 46.20.265 until the later of the date the ((juvenile))
person turns seventeen or one year after the date judgment was entered.
Sec. 5. RCW 69.52.070 and 1989 c 271 s 121 are each amended to read as follows:
(1) If a ((juvenile))
person thirteen years of age or older and under the age of twenty-one is
found by a court to have committed any offense that is a violation of this
chapter, the court shall notify the department of licensing within twenty-four
hours after entry of the judgment.
(2) Except as otherwise
provided in subsection (3) of this section, upon petition of a ((juvenile))
person under the age of twenty-one whose privilege to drive has been
revoked pursuant to RCW 46.20.265, the court may at any time the court deems
appropriate notify the department of licensing to reinstate the ((juvenile's))
person's privilege to drive.
(3) If the
conviction is for the ((juvenile's)) first violation by a person
under the age of twenty-one of this chapter or chapter 66.44, 69.41, or
69.50 RCW, the ((juvenile)) person may not petition the court for
reinstatement of the ((juvenile's)) person's privilege to drive
revoked pursuant to RCW 46.20.265 until the later of ninety days after the date
the ((juvenile)) person turns sixteen or ninety days after the
judgment was entered. If the conviction was for the ((juvenile's))
second or subsequent violation by a person under the age of twenty-one
of this chapter or chapter 66.44, 69.41, or 69.50 RCW, the ((juvenile)) person
may not petition the court for reinstatement of the ((juvenile's)) person's
privilege to drive revoked pursuant to RCW 46.20.265 until the later of the
date the ((juvenile)) person turns seventeen or one year after
the date judgment was entered.
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