5120-SAMHJUDIH2686.1SSB 5120H COMM AMDBy Committee on JudiciaryADOPTED 04/09/2003 Strike everything after the enacting clause and insert thefollowing:Sec. RCW 46.20.720 and 2001 c 247 s 1 are each amended to readas follows: (1) The court may order that after a period of suspension,revocation, or denial of driving privileges, and for up to as long asthe court has jurisdiction, any person convicted of any offenseinvolving the use, consumption, or possession of alcohol whileoperating a motor vehicle may drive only a motor vehicle equipped witha functioning ignition interlock or other biological or technicaldevice. (2) ((If a)) (a) The department shall require that, after anyapplicable period of suspension, revocation, or denial of drivingprivileges, a person may drive only a motor vehicle equipped with afunctioning ignition interlock or other biological or technical deviceif the person is convicted of a violation of RCW 46.61.502 or 46.61.504or an equivalent local ordinance and it is: (((a))) (i) The person's first conviction or a deferred prosecutionunder chapter 10.05 RCW and his or her alcohol concentration was atleast 0.15, or by reason of the person's refusal to take a test offeredpursuant to RCW 46.20.308 there is no test result indicating theperson's alcohol concentration; ((or (b))) (ii) The person's second or subsequent conviction; or (((c))) (iii) The person's first conviction and the person has a previousdeferred prosecution under chapter 10.05 RCW or it is a deferredprosecution under chapter 10.05 RCW and the person has a previousconviction((, the court shall order that after any applicable period ofsuspension, revocation, or denial of driving privileges, the person maydrive only a motor vehicle equipped with a functioning ignitioninterlock or other biological or technical device. The requirement to 1 drive only a motor vehicle equipped with a functioning ignitioninterlock or other biological or technical device may not besuspended)). (b) The ((court)) department may waive the requirement for the useof such a device if ((the court makes a specific finding in writing))it concludes that such devices are not reasonably available in thelocal area. Nothing in this section may be interpreted as entitling aperson to more than one deferred prosecution. (3) In the case of a person under subsection (1) of this section,the court shall establish a specific calibration setting at which theignition interlock or other biological or technical device will preventthe motor vehicle from being started and the period of time that theperson shall be subject to the restriction. In the case of a personunder subsection (2) of this section, the ignition interlock or otherbiological or technical device shall be calibrated to prevent the motorvehicle from being started when the breath sample provided has analcohol concentration of 0.025 or more, and the period of time of therestriction will be as follows: (a) For a person (i) who is subject to RCW 46.61.5055 (1)(b), (2),or (3), or who is subject to a deferred prosecution program underchapter 10.05 RCW((,)); and (ii) who has not previously been restrictedunder this section, a period of ((not less than)) one year; (b) For a person who has previously been restricted under (a) ofthis subsection, a period of ((not less than)) five years; (c) For a person who has previously been restricted under (b) ofthis subsection, a period of ((not less than)) ten years. For purposes of this section, "convicted" means being found guiltyof an offense or being placed on a deferred prosecution program underchapter 10.05 RCW.Sec. RCW 46.20.311 and 2001 c 325 s 2 are each amended to readas follows: (1)(a) The department shall not suspend a driver's license orprivilege to drive a motor vehicle on the public highways for a fixedperiod of more than one year, except as specifically permitted underRCW 46.20.267, 46.20.342, or other provision of law. Except for asuspension under RCW 46.20.267, 46.20.289, 46.20.291(5), 46.61.740, or 2 74.20A.320, whenever the license or driving privilege of any person issuspended by reason of a conviction, a finding that a trafficinfraction has been committed, pursuant to chapter 46.29 RCW, orpursuant to RCW 46.20.291 or 46.20.308, the suspension shall remain ineffect until the person gives and thereafter maintains proof offinancial responsibility for the future as provided in chapter 46.29RCW. If the suspension is the result of a violation of RCW 46.61.502or 46.61.504, the department shall determine the person's eligibilityfor licensing based upon the reports provided by the alcoholism agencyor probation department designated under RCW 46.61.5056 and shall denyreinstatement until enrollment and participation in an approved programhas been established and the person is otherwise qualified. If thesuspension is the result of a violation of RCW 46.61.502 or 46.61.504,and the person is required pursuant to RCW 46.20.720 to drive only amotor vehicle equipped with a functioning ignition interlock or otherbiological or technical device, the department shall determine theperson's eligibility for licensing based upon written verification bya company doing business in the state that it has installed therequired device on a vehicle owned and/or operated by the personseeking reinstatement. Whenever the license or driving privilege ofany person is suspended as a result of certification of noncompliancewith a child support order under chapter 74.20A RCW or a residential orvisitation order, the suspension shall remain in effect until theperson provides a release issued by the department of social and healthservices 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 oftwenty dollars. (ii) If the suspension is the result of a violation of RCW46.61.502 or 46.61.504, or is the result of administrative action underRCW 46.20.308, the reissue fee shall be one hundred fifty dollars. (2)(a) Any person whose license or privilege to drive a motorvehicle on the public highways has been revoked, unless the revocationwas for a cause which has been removed, is not entitled to have thelicense or privilege renewed or restored until: (i) After theexpiration of one year from the date the license or privilege to drivewas revoked; (ii) after the expiration of the applicable revocation 3 period provided by RCW 46.20.3101 or 46.61.5055; (iii) after theexpiration of two years for persons convicted of vehicular homicide; or(iv) after the expiration of the applicable revocation period providedby RCW 46.20.265. (b)(i) After the expiration of the appropriate period, the personmay make application for a new license as provided by law together witha reissue fee in the amount of twenty dollars. (ii) If the revocation is the result of a violation of RCW46.20.308, 46.61.502, or 46.61.504, the reissue fee shall be onehundred fifty dollars. If the revocation is the result of a violationof RCW 46.61.502 or 46.61.504, the department shall determine theperson's eligibility for licensing based upon the reports provided bythe alcoholism agency or probation department designated under RCW46.61.5056 and shall deny reissuance of a license, permit, or privilegeto drive until enrollment and participation in an approved program hasbeen established and the person is otherwise qualified. If therevocation is the result of a violation of RCW 46.61.502 or 46.61.504,and the person is required pursuant to RCW 46.20.720 to drive only amotor vehicle equipped with a functioning ignition interlock or otherbiological or technical device, the department shall determine theperson's eligibility for licensing based upon written verification bya company doing business in the state that it has installed therequired device on a vehicle owned and/or operated by the personapplying for a new license. (c) Except for a revocation under RCW 46.20.265, the departmentshall not then issue a new license unless it is satisfied afterinvestigation of the driving ability of the person that it will be safeto grant the privilege of driving a motor vehicle on the publichighways, and until the person gives and thereafter maintains proof offinancial responsibility for the future as provided in chapter 46.29RCW. For a revocation under RCW 46.20.265, the department shall notissue a new license unless it is satisfied after investigation of thedriving ability of the person that it will be safe to grant that personthe privilege of driving a motor vehicle on the public highways. (3)(a) Whenever the driver's license of any person is suspendedpursuant to Article IV of the nonresident violators compact or RCW 4 46.23.020 or 46.20.289 or 46.20.291(5), the department shall not issueto the person any new or renewal license until the person pays areissue fee of twenty dollars. (b) If the suspension is the result of a violation of the laws ofthis or any other state, province, or other jurisdiction involving (i)the operation or physical control of a motor vehicle upon the publichighways while under the influence of intoxicating liquor or drugs, or(ii) the refusal to submit to a chemical test of the driver's bloodalcohol content, the reissue fee shall be one hundred fifty dollars.--- END --- 5