SSB 5732 -
By Committee on Transportation
ADOPTED 04/14/2009
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 46.20 RCW
to read as follows:
(1)(a) A person who violates RCW 46.20.342(1)(c)(iv) in a
jurisdiction that does not have a relicensing diversion program shall
be provided with an abstract of his or her driving record by the court
or the prosecuting attorney, in addition to a list of his or her unpaid
traffic offense related fines and the contact information for each
jurisdiction or collection agency to which money is owed.
(b) A fee of up to twenty dollars may be imposed by the court in
addition to any fee required by the department for provision of the
driving abstract.
(2)(a) Superior courts or courts of limited jurisdiction in
counties or cities are authorized to participate or provide relicensing
diversion programs to persons who violate RCW 46.20.342(1)(c)(iv).
(b) Eligibility for the relicensing diversion program shall be
limited to violators with no more than four convictions under RCW
46.20.342(1)(c)(iv) in the ten years preceding the date of entering the
relicensing diversion program, subject to a less restrictive rule
imposed by the presiding judge of the county district court or
municipal court. People subject to arrest under a warrant are not
eligible for the diversion program.
(c) The diversion option may be offered at the discretion of the
prosecuting attorney before charges are filed, or by the court after
charges are filed.
(d) A person who is the holder of a commercial driver's license or
who was operating a commercial motor vehicle at the time of the
violation of RCW 46.20.342(1)(c)(iv) may not participate in the
diversion program under this section.
(e) A relicensing diversion program that is structured to occur
after charges are filed may charge participants a one-time fee of up to
one hundred dollars, which is not subject to chapters 3.50, 3.62, and
35.20 RCW, and shall be used to support administration of the program.
The fee of up to one hundred dollars shall be included in the total to
be paid by the participant in the relicensing diversion program.
(3) A relicensing diversion program shall be designed to assist
suspended drivers to regain their license and insurance and pay
outstanding fines.
(4)(a) Counties and cities that operate relicensing diversion
programs shall, subject to available funds, provide information to the
administrative office of the courts on an annual basis regarding the
eligibility criteria used for the program, the number of referrals from
law enforcement, the number of participants accepted into the program,
the number of participants who regain their driver's license and
insurance, the total amount of fines collected, the costs associated
with the program, and other information as determined by the office.
(b) The administrative office of the courts is directed, subject to
available funds, to compile and analyze the data required to be
submitted in this section and develop recommendations for a best
practices model for relicensing diversion programs."
Correct the title.
EFFECT: (1) Makes participation in or provision of relicensing
diversion programs voluntary for all counties and cities regardless of
population.
(2) Removes the requirement that the driving record abstracts
provided be certified.
(3) Replaces the program's eligibility limitation of no more than
four warrants in 10 years with an eligibility limitation of no more
than four convictions in 10 years.
(4) Clarifies when the 10-year eligibility limitation period for
multiple convictions is measured from.
(5) Makes the requirement to study the relicensing diversion
program subject to available funds.