BILL REQ. #:  H-1888.1 

READ FIRST TIME 02/24/03.   

     AN ACT Relating to the revocation of juvenile driving privileges; amending RCW 46.20.311, 9A.56.030, 9A.56.040, and 9A.56.070; and adding a new section to chapter 46.20 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 46.20 RCW to read as follows:
     (1) In addition to any other authority to revoke driving privileges under this chapter, the department shall revoke the driving privileges of a juvenile in accordance with this section.
     (2)(a) The department shall revoke the driving privileges of a juvenile until the juvenile is eighteen years of age, or for one year, whichever is longer, when the department receives notice that the juvenile has been convicted of motor vehicle theft in the first degree under RCW 9A.56.030 and it is the juvenile's first conviction of motor vehicle theft under RCW 9A.56.030.
     (b) The department shall revoke the driving privileges of a juvenile until the juvenile is twenty-one years of age, or for three years, whichever is longer, when the department receives notice that the juvenile has been convicted of motor vehicle theft in the first degree under RCW 9A.56.030 and it is the juvenile's second or subsequent conviction of motor vehicle theft under RCW 9A.56.030.
     (3)(a) The department shall revoke the driving privileges of a juvenile until the juvenile is eighteen years of age, or for one year, whichever is longer, when the department receives notice that the juvenile has been convicted of motor vehicle theft in the second degree under RCW 9A.56.040 and it is the juvenile's first conviction of motor vehicle theft under RCW 9A.56.040.
     (b) The department shall revoke the driving privileges of a juvenile until the juvenile is twenty-one years of age, or for three years, whichever is longer, when the department receives notice that the juvenile has been convicted of motor vehicle theft in the second degree under RCW 9A.56.040 and it is the juvenile's second or subsequent conviction of motor vehicle theft under RCW 9A.56.040.
     (4)(a) The department shall revoke the driving privileges of a juvenile until the juvenile is eighteen years of age, or for one year, whichever is longer, when the department receives notice that the juvenile has been convicted of taking a motor vehicle without permission under RCW 9A.56.070 and it is the juvenile's first conviction under RCW 9A.56.070.
     (b) The department shall revoke the driving privileges of a juvenile until the juvenile is twenty-one years of age, or for three years, whichever is longer, when the department receives notice that the juvenile has been convicted of taking a motor vehicle without permission under RCW 9A.56.070 and it is the juvenile's second or subsequent conviction under RCW 9A.56.070.
     (5) The department shall immediately reinstate driving privileges that have been revoked under this section when the revocation period ends.

Sec. 2   RCW 46.20.311 and 2001 c 325 s 2 are each amended to read as follows:
     (1)(a) The department shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a fixed period of more than one year, except as specifically permitted under RCW 46.20.267, 46.20.342, section 1 of this act, or other provision of law. Except for a suspension under RCW 46.20.267, 46.20.289, 46.20.291(5), 46.61.740, or 74.20A.320, whenever the license or driving privilege of any person is suspended by reason of a conviction, a finding that a traffic infraction has been committed, pursuant to chapter 46.29 RCW, or pursuant to RCW 46.20.291 or 46.20.308, the suspension shall remain in effect until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reinstatement until enrollment and participation in an approved program has been established and the person is otherwise qualified. Whenever the license or driving privilege of any person is suspended as a result of certification of noncompliance with a child support order under chapter 74.20A RCW or a residential or visitation order, the suspension shall remain in effect until the person provides a release issued by the department of social and health services stating that the person is in compliance with the order.
     (b)(i) The department shall not issue to the person a new, duplicate, or renewal license until the person pays a reissue fee of twenty dollars.
     (ii) If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, or is the result of administrative action under RCW 46.20.308, the reissue fee shall be one hundred fifty dollars.
     (2)(a) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked, unless the revocation was for a cause which has been removed, is not entitled to have the license or privilege renewed or restored until: (i) After the expiration of one year from the date the license or privilege to drive was revoked; (ii) after the expiration of the applicable revocation period provided by RCW 46.20.3101 or 46.61.5055; (iii) after the expiration of two years for persons convicted of vehicular homicide; or (iv) after the expiration of the applicable revocation period provided by RCW 46.20.265 or section 1 of this act.
     (b)(i) After the expiration of the appropriate period, the person may make application for a new license as provided by law together with a reissue fee in the amount of twenty dollars.
     (ii) If the revocation is the result of a violation of RCW 46.20.308, 46.61.502, or 46.61.504, the reissue fee shall be one hundred fifty dollars. If the revocation is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reissuance of a license, permit, or privilege to drive until enrollment and participation in an approved program has been established and the person is otherwise qualified.
     (c) Except for a revocation under RCW 46.20.265, the department shall not then issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant the privilege of driving a motor vehicle on the public highways, and until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. For a revocation under RCW 46.20.265, the department shall not issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant that person the privilege of driving a motor vehicle on the public highways.
     (3)(a) Whenever the driver's license of any person is suspended pursuant to Article IV of the nonresident violators compact or RCW 46.23.020 or 46.20.289 or 46.20.291(5), the department shall not issue to the person any new or renewal license until the person pays a reissue fee of twenty dollars.
     (b) If the suspension is the result of a violation of the laws of this or any other state, province, or other jurisdiction involving (i) the operation or physical control of a motor vehicle upon the public highways while under the influence of intoxicating liquor or drugs, or (ii) the refusal to submit to a chemical test of the driver's blood alcohol content, the reissue fee shall be one hundred fifty dollars.

Sec. 3   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 section 1 of this act. Upon conviction, the court shall immediately transmit conviction data to the department of licensing necessary for the administration of section 1 of this act.

Sec. 4   RCW 9A.56.040 and 1995 c 129 s 12 are each amended to read as follows:
     (1) A person is guilty of theft in the second degree if he or she commits theft of:
     (a) Property or services which exceed(s) two hundred and fifty dollars in value other than a firearm as defined in RCW 9.41.010, but does not exceed one thousand five hundred dollars in value; or
     (b) A public record, writing, or instrument kept, filed, or deposited according to law with or in the keeping of any public office or public servant; or
     (c) An access device; or
     (d) A motor vehicle, of a value less than one thousand five hundred dollars.
     (2) Theft in the second degree is a class C felony.
     (3) A juvenile convicted of motor vehicle theft in the second degree under this section shall also have driving privileges revoked in accordance with section 1 of this act. Upon conviction, the court shall immediately transmit conviction data to the department of licensing necessary for the administration of section 1 of this act.

Sec. 5   RCW 9A.56.070 and 2002 c 324 s 1 are each amended to read as follows:
     (1)(a) A person is guilty of taking a motor vehicle without permission in the first degree if he or she, without the permission of the owner or person entitled to possession, intentionally takes or drives away an automobile or motor vehicle, whether propelled by steam, electricity, or internal combustion engine, that is the property of another, and he or she:
     (i) Alters the motor vehicle for the purpose of changing its appearance or primary identification, including obscuring, removing, or changing the manufacturer's serial number or the vehicle identification number plates;
     (ii) Removes, or participates in the removal of, parts from the motor vehicle with the intent to sell the parts;
     (iii) Exports, or attempts to export, the motor vehicle across state lines or out of the United States for profit;
     (iv) Intends to sell the motor vehicle; or
     (v) Is engaged in a conspiracy and the central object of the conspiratorial agreement is the theft of motor vehicles for sale to others for profit.
     (b) Taking a motor vehicle without permission in the first degree is a class B felony.
     (2)(a) A person is guilty of taking a motor vehicle without permission in the second degree if he or she, without the permission of the owner or person entitled to possession, intentionally takes or drives away any automobile or motor vehicle, whether propelled by steam, electricity, or internal combustion engine, that is the property of another, or he or she voluntarily rides in or upon the automobile or motor vehicle with knowledge of the fact that the automobile or motor vehicle was unlawfully taken.
     (b) Taking a motor vehicle without permission in the second degree is a class C felony.
     (3) A juvenile convicted of taking a motor vehicle without permission in the first or second degree under this section shall also have driving privileges revoked in accordance with section 1 of this act. Upon conviction, the court shall immediately transmit conviction data to the department of licensing necessary for the administration of section 1 of this act.