Passed by the Senate April 22, 2009 YEAS 34   ________________________________________ President of the Senate Passed by the House April 14, 2009 YEAS 60   ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5732 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 61st Legislature | 2009 Regular Session |
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 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.