BILL REQ. #:  S-1363.3 

READ FIRST TIME 02/25/09.   

     AN ACT Relating to traffic infractions for drivers whose licenses or privileges are suspended or revoked; 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)(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 a certified 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 with a population less than thirty thousand or cities with a population less than twenty thousand are authorized to participate or provide relicensing diversion programs to persons who violate RCW 46.20.342(1)(c)(iv).
     (b) Eligibility for the diversion program shall be limited to violators with no more than four warrants for failure to appear in the last ten years, subject to a less restrictive rule imposed by the presiding judge of the county district court or municipal court, and no more than four violations of RCW 46.20.342(1)(c)(iv) in the last ten years. 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) Superior courts or courts of limited jurisdiction in counties with a population of thirty thousand or more or cities with a population of twenty thousand or more are required to participate or provide relicensing diversion programs to persons who violate RCW 46.20.342(1)(c)(iv).
     (b) Eligibility for the diversion program shall be limited to violators with no more than four warrants for failure to appear in the last ten years, subject to a less restrictive rule imposed by the presiding judge of the county district court or municipal court, and no more than four violations of RCW 46.20.342(1)(c)(iv) in the last ten years. 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.
     (4) A relicensing diversion program shall be designed to assist suspended drivers to regain their license and insurance and pay outstanding fines.
     (5)(a) Counties and cities that operate relicensing diversion programs shall 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 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.