BILL REQ. #: H-1238.1
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 02/01/11. Referred to Committee on Judiciary.
AN ACT Relating to eliminating the seven year provision for prior offenses in driving or being in physical control of a vehicle while under the influence of intoxicating liquor or any drug statutes; amending RCW 46.61.5055 and 46.61.5058; and reenacting and amending RCW 46.20.3101.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 46.61.5055 and 2010 c 269 s 4 are each amended to read
as follows:
(1) Except as provided in RCW 46.61.502(6) or 46.61.504(6), a
person who is convicted of a violation of RCW 46.61.502 or 46.61.504
and who has no prior offense ((within seven years)) shall be punished
as follows:
(a) In the case of a person whose alcohol concentration was less
than 0.15, or for whom for reasons other than the person's refusal to
take a test offered pursuant to RCW 46.20.308 there is no test result
indicating the person's alcohol concentration:
(i) By imprisonment for not less than one day nor more than one
year. Twenty-four consecutive hours of the imprisonment may not be
suspended or deferred unless the court finds that the imposition of
this mandatory minimum sentence would impose a substantial risk to the
offender's physical or mental well-being. Whenever the mandatory
minimum sentence is suspended or deferred, the court shall state in
writing the reason for granting the suspension or deferral and the
facts upon which the suspension or deferral is based. In lieu of the
mandatory minimum term of imprisonment required under this subsection
(1)(a)(i), the court may order not less than fifteen days of electronic
home monitoring. The offender shall pay the cost of electronic home
monitoring. The county or municipality in which the penalty is being
imposed shall determine the cost. The court may also require the
offender's electronic home monitoring device to include an alcohol
detection breathalyzer, and the court may restrict the amount of
alcohol the offender may consume during the time the offender is on
electronic home monitoring; and
(ii) By a fine of not less than three hundred fifty dollars nor
more than five thousand dollars. Three hundred fifty dollars of the
fine may not be suspended or deferred unless the court finds the
offender to be indigent; or
(b) In the case of a person whose alcohol concentration was at
least 0.15, or for whom by reason of the person's refusal to take a
test offered pursuant to RCW 46.20.308 there is no test result
indicating the person's alcohol concentration:
(i) By imprisonment for not less than two days nor more than one
year. Two consecutive days of the imprisonment may not be suspended
or deferred unless the court finds that the imposition of this
mandatory minimum sentence would impose a substantial risk to the
offender's physical or mental well-being. Whenever the mandatory
minimum sentence is suspended or deferred, the court shall state in
writing the reason for granting the suspension or deferral and the
facts upon which the suspension or deferral is based. In lieu of the
mandatory minimum term of imprisonment required under this subsection
(1)(b)(i), the court may order not less than thirty days of electronic
home monitoring. The offender shall pay the cost of electronic home
monitoring. The county or municipality in which the penalty is being
imposed shall determine the cost. The court may also require the
offender's electronic home monitoring device to include an alcohol
detection breathalyzer, and the court may restrict the amount of
alcohol the offender may consume during the time the offender is on
electronic home monitoring; and
(ii) By a fine of not less than five hundred dollars nor more than
five thousand dollars. Five hundred dollars of the fine may not be
suspended or deferred unless the court finds the offender to be
indigent.
(2) Except as provided in RCW 46.61.502(6) or 46.61.504(6), a
person who is convicted of a violation of RCW 46.61.502 or 46.61.504
and who has one prior offense ((within seven years)) shall be punished
as follows:
(a) In the case of a person whose alcohol concentration was less
than 0.15, or for whom for reasons other than the person's refusal to
take a test offered pursuant to RCW 46.20.308 there is no test result
indicating the person's alcohol concentration:
(i) By imprisonment for not less than thirty days nor more than one
year and sixty days of electronic home monitoring. The offender shall
pay for the cost of the electronic monitoring. The county or
municipality where the penalty is being imposed shall determine the
cost. The court may also require the offender's electronic home
monitoring device include an alcohol detection breathalyzer, and may
restrict the amount of alcohol the offender may consume during the time
the offender is on electronic home monitoring. Thirty days of
imprisonment and sixty days of electronic home monitoring may not be
suspended or deferred unless the court finds that the imposition of
this mandatory minimum sentence would impose a substantial risk to the
offender's physical or mental well-being. Whenever the mandatory
minimum sentence is suspended or deferred, the court shall state in
writing the reason for granting the suspension or deferral and the
facts upon which the suspension or deferral is based; and
(ii) By a fine of not less than five hundred dollars nor more than
five thousand dollars. Five hundred dollars of the fine may not be
suspended or deferred unless the court finds the offender to be
indigent; or
(b) In the case of a person whose alcohol concentration was at
least 0.15, or for whom by reason of the person's refusal to take a
test offered pursuant to RCW 46.20.308 there is no test result
indicating the person's alcohol concentration:
(i) By imprisonment for not less than forty-five days nor more than
one year and ninety days of electronic home monitoring. The offender
shall pay for the cost of the electronic monitoring. The county or
municipality where the penalty is being imposed shall determine the
cost. The court may also require the offender's electronic home
monitoring device include an alcohol detection breathalyzer, and may
restrict the amount of alcohol the offender may consume during the time
the offender is on electronic home monitoring. Forty-five days of
imprisonment and ninety days of electronic home monitoring may not be
suspended or deferred unless the court finds that the imposition of
this mandatory minimum sentence would impose a substantial risk to the
offender's physical or mental well-being. Whenever the mandatory
minimum sentence is suspended or deferred, the court shall state in
writing the reason for granting the suspension or deferral and the
facts upon which the suspension or deferral is based; and
(ii) By a fine of not less than seven hundred fifty dollars nor
more than five thousand dollars. Seven hundred fifty dollars of the
fine may not be suspended or deferred unless the court finds the
offender to be indigent.
(3) Except as provided in RCW 46.61.502(6) or 46.61.504(6), a
person who is convicted of a violation of RCW 46.61.502 or 46.61.504
and who has two or three prior offenses ((within seven years)) shall
be punished as follows:
(a) In the case of a person whose alcohol concentration was less
than 0.15, or for whom for reasons other than the person's refusal to
take a test offered pursuant to RCW 46.20.308 there is no test result
indicating the person's alcohol concentration:
(i) By imprisonment for not less than ninety days nor more than one
year and one hundred twenty days of electronic home monitoring. The
offender shall pay for the cost of the electronic monitoring. The
county or municipality where the penalty is being imposed shall
determine the cost. The court may also require the offender's
electronic home monitoring device include an alcohol detection
breathalyzer, and may restrict the amount of alcohol the offender may
consume during the time the offender is on electronic home monitoring.
Ninety days of imprisonment and one hundred twenty days of electronic
home monitoring may not be suspended or deferred unless the court finds
that the imposition of this mandatory minimum sentence would impose a
substantial risk to the offender's physical or mental well-being.
Whenever the mandatory minimum sentence is suspended or deferred, the
court shall state in writing the reason for granting the suspension or
deferral and the facts upon which the suspension or deferral is based;
and
(ii) By a fine of not less than one thousand dollars nor more than
five thousand dollars. One thousand dollars of the fine may not be
suspended or deferred unless the court finds the offender to be
indigent; or
(b) In the case of a person whose alcohol concentration was at
least 0.15, or for whom by reason of the person's refusal to take a
test offered pursuant to RCW 46.20.308 there is no test result
indicating the person's alcohol concentration:
(i) By imprisonment for not less than one hundred twenty days nor
more than one year and one hundred fifty days of electronic home
monitoring. The offender shall pay for the cost of the electronic
monitoring. The county or municipality where the penalty is being
imposed shall determine the cost. The court may also require the
offender's electronic home monitoring device include an alcohol
detection breathalyzer, and may restrict the amount of alcohol the
offender may consume during the time the offender is on electronic home
monitoring. One hundred twenty days of imprisonment and one hundred
fifty days of electronic home monitoring may not be suspended or
deferred unless the court finds that the imposition of this mandatory
minimum sentence would impose a substantial risk to the offender's
physical or mental well-being. Whenever the mandatory minimum sentence
is suspended or deferred, the court shall state in writing the reason
for granting the suspension or deferral and the facts upon which the
suspension or deferral is based; and
(ii) By a fine of not less than one thousand five hundred dollars
nor more than five thousand dollars. One thousand five hundred dollars
of the fine may not be suspended or deferred unless the court finds the
offender to be indigent.
(4) A person who is convicted of a violation of RCW 46.61.502 or
46.61.504 shall be punished under chapter 9.94A RCW if: (a) The person
has four or more prior offenses within ten years; or (b) the person has
ever previously been convicted of: (i) A violation of RCW 46.61.520
committed while under the influence of intoxicating liquor or any drug;
(ii) a violation of RCW 46.61.522 committed while under the influence
of intoxicating liquor or any drug; or (iii) an out-of-state offense
comparable to the offense specified in (b)(i) or (ii) of this
subsection.
(5)(a) The court shall require any person convicted of a violation
of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance to apply
for an ignition interlock driver's license from the department and to
have a functioning ignition interlock device installed on all motor
vehicles operated by the person.
(b) The installation of an ignition interlock device is not
necessary on vehicles owned, leased, or rented by a person's employer
and on those vehicles whose care and/or maintenance is the temporary
responsibility of the employer, and driven at the direction of a
person's employer as a requirement of employment during working hours.
The person must provide the department with a declaration pursuant to
RCW 9A.72.085 from his or her employer stating that the person's
employment requires the person to operate a vehicle owned by the
employer or other persons during working hours.
(c) An ignition interlock device imposed under this section shall
be calibrated to prevent a motor vehicle from being started when the
breath sample provided has an alcohol concentration of 0.025 or more.
(d) The court may waive the requirement that a person apply for an
ignition interlock driver's license if the court makes a specific
finding in writing that:
(i) The person lives out-of-state and the devices are not
reasonably available in the person's local area;
(ii) The person does not operate a vehicle; or
(iii) The person is not eligible to receive an ignition interlock
driver's license under RCW 46.20.385 because the person is not a
resident of Washington, is a habitual traffic offender, has already
applied for or is already in possession of an ignition interlock
driver's license, has never had a driver's license, has been certified
under chapter 74.20A RCW as noncompliant with a child support order,
or is subject to any other condition or circumstance that makes the
person ineligible to obtain an ignition interlock driver's license.
(e) If a court finds that a person is not eligible to receive an
ignition interlock driver's license under this section, the court is
not required to make any further subsequent inquiry or determination
as to the person's eligibility.
(f) If the court orders that a person refrain from consuming any
alcohol and requires the person to apply for an ignition interlock
driver's license, and the person states that he or she does not operate
a motor vehicle or the person is ineligible to obtain an ignition
interlock driver's license, the court shall order the person to submit
to alcohol monitoring through an alcohol detection breathalyzer device,
transdermal sensor device, or other technology designed to detect
alcohol in a person's system. The person shall pay for the cost of the
monitoring. The county or municipality where the penalty is being
imposed shall determine the cost.
(g) The period of time for which ignition interlock use or alcohol
monitoring is required will be as follows:
(i) For a person who has not previously been restricted under this
section, a period of one year;
(ii) For a person who has previously been restricted under (g)(i)
of this subsection, a period of five years;
(iii) For a person who has previously been restricted under (g)(ii)
of this subsection, a period of ten years.
(6) If a person who is convicted of a violation of RCW 46.61.502
or 46.61.504 committed the offense while a passenger under the age of
sixteen was in the vehicle, the court shall:
(a) In any case in which the installation and use of an interlock
or other device is not mandatory under RCW 46.20.720 or other law,
order the use of such a device for not less than sixty days following
the restoration of the person's license, permit, or nonresident driving
privileges; and
(b) In any case in which the installation and use of such a device
is otherwise mandatory, order the use of such a device for an
additional sixty days.
(7) In exercising its discretion in setting penalties within the
limits allowed by this section, the court shall particularly consider
the following:
(a) Whether the person's driving at the time of the offense was
responsible for injury or damage to another or another's property; and
(b) Whether at the time of the offense the person was driving or
in physical control of a vehicle with one or more passengers.
(8) An offender punishable under this section is subject to the
alcohol assessment and treatment provisions of RCW 46.61.5056.
(9) The license, permit, or nonresident privilege of a person
convicted of driving or being in physical control of a motor vehicle
while under the influence of intoxicating liquor or drugs must:
(a) If the person's alcohol concentration was less than 0.15, or
if for reasons other than the person's refusal to take a test offered
under RCW 46.20.308 there is no test result indicating the person's
alcohol concentration:
(i) Where there has been no prior offense ((within seven years)),
be suspended or denied by the department for ninety days;
(ii) Where there has been one prior offense ((within seven years)),
be revoked or denied by the department for two years; or
(iii) Where there have been two or more prior offenses ((within
seven years)), be revoked or denied by the department for three years;
(b) If the person's alcohol concentration was at least 0.15:
(i) Where there has been no prior offense ((within seven years)),
be revoked or denied by the department for one year;
(ii) Where there has been one prior offense ((within seven years)),
be revoked or denied by the department for nine hundred days; or
(iii) Where there have been two or more prior offenses ((within
seven years)), be revoked or denied by the department for four years;
or
(c) If by reason of the person's refusal to take a test offered
under RCW 46.20.308, there is no test result indicating the person's
alcohol concentration:
(i) Where there have been no prior offenses ((within seven years)),
be revoked or denied by the department for two years;
(ii) Where there has been one prior offense ((within seven years)),
be revoked or denied by the department for three years; or
(iii) Where there have been two or more previous offenses ((within
seven years)), be revoked or denied by the department for four years.
The department shall grant credit on a day-for-day basis for any
portion of a suspension, revocation, or denial already served under
this subsection for a suspension, revocation, or denial imposed under
RCW 46.20.3101 arising out of the same incident.
For purposes of this subsection (9), the department shall refer to
the driver's record maintained under RCW 46.52.120 when determining the
existence of prior offenses.
(10) After expiration of any period of suspension, revocation, or
denial of the offender's license, permit, or privilege to drive
required by this section, the department shall place the offender's
driving privilege in probationary status pursuant to RCW 46.20.355.
(11)(a) In addition to any nonsuspendable and nondeferrable jail
sentence required by this section, whenever the court imposes less than
one year in jail, the court shall also suspend but shall not defer a
period of confinement for a period not exceeding five years. The court
shall impose conditions of probation that include: (i) Not driving a
motor vehicle within this state without a valid license to drive and
proof of financial responsibility for the future; (ii) not driving a
motor vehicle within this state while having an alcohol concentration
of 0.08 or more within two hours after driving; and (iii) not refusing
to submit to a test of his or her breath or blood to determine alcohol
concentration upon request of a law enforcement officer who has
reasonable grounds to believe the person was driving or was in actual
physical control of a motor vehicle within this state while under the
influence of intoxicating liquor. The court may impose conditions of
probation that include nonrepetition, installation of an ignition
interlock device on the probationer's motor vehicle, alcohol or drug
treatment, supervised probation, or other conditions that may be
appropriate. The sentence may be imposed in whole or in part upon
violation of a condition of probation during the suspension period.
(b) For each violation of mandatory conditions of probation under
(a)(i), (ii), or (iii) of this subsection, the court shall order the
convicted person to be confined for thirty days, which shall not be
suspended or deferred.
(c) For each incident involving a violation of a mandatory
condition of probation imposed under this subsection, the license,
permit, or privilege to drive of the person shall be suspended by the
court for thirty days or, if such license, permit, or privilege to
drive already is suspended, revoked, or denied at the time the finding
of probation violation is made, the suspension, revocation, or denial
then in effect shall be extended by thirty days. The court shall
notify the department of any suspension, revocation, or denial or any
extension of a suspension, revocation, or denial imposed under this
subsection.
(12) A court may waive the electronic home monitoring requirements
of this chapter when:
(a) The offender does not have a dwelling, telephone service, or
any other necessity to operate an electronic home monitoring system;
(b) The offender does not reside in the state of Washington; or
(c) The court determines that there is reason to believe that the
offender would violate the conditions of the electronic home monitoring
penalty.
Whenever the mandatory minimum term of electronic home monitoring
is waived, the court shall state in writing the reason for granting the
waiver and the facts upon which the waiver is based, and shall impose
an alternative sentence with similar punitive consequences. The
alternative sentence may include, but is not limited to, additional
jail time, work crew, or work camp.
Whenever the combination of jail time and electronic home
monitoring or alternative sentence would exceed three hundred sixty-five days, the offender shall serve the jail portion of the sentence
first, and the electronic home monitoring or alternative portion of the
sentence shall be reduced so that the combination does not exceed three
hundred sixty-five days.
(13) An offender serving a sentence under this section, whether or
not a mandatory minimum term has expired, may be granted an
extraordinary medical placement by the jail administrator subject to
the standards and limitations set forth in RCW 9.94A.728(3).
(14) For purposes of this section and RCW 46.61.502 and 46.61.504:
(a) A "prior offense" means any of the following:
(i) A conviction for a violation of RCW 46.61.502 or an equivalent
local ordinance;
(ii) A conviction for a violation of RCW 46.61.504 or an equivalent
local ordinance;
(iii) A conviction for a violation of RCW 46.61.520 committed while
under the influence of intoxicating liquor or any drug;
(iv) A conviction for a violation of RCW 46.61.522 committed while
under the influence of intoxicating liquor or any drug;
(v) A conviction for a violation of RCW 46.61.5249, 46.61.500, or
9A.36.050 or an equivalent local ordinance, if the conviction is the
result of a charge that was originally filed as a violation of RCW
46.61.502 or 46.61.504, or an equivalent local ordinance, or of RCW
46.61.520 or 46.61.522;
(vi) An out-of-state conviction for a violation that would have
been a violation of (a)(i), (ii), (iii), (iv), or (v) of this
subsection if committed in this state;
(vii) A deferred prosecution under chapter 10.05 RCW granted in a
prosecution for a violation of RCW 46.61.502, 46.61.504, or an
equivalent local ordinance; or
(viii) A deferred prosecution under chapter 10.05 RCW granted in
a prosecution for a violation of RCW 46.61.5249, or an equivalent local
ordinance, if the charge under which the deferred prosecution was
granted was originally filed as a violation of RCW 46.61.502 or
46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or
46.61.522;
If a deferred prosecution is revoked based on a subsequent
conviction for an offense listed in this subsection (14)(a), the
subsequent conviction shall not be treated as a prior offense of the
revoked deferred prosecution for the purposes of sentencing; and
(b) (("Within seven years" means that the arrest for a prior
offense occurred within seven years before or after the arrest for the
current offense; and)) "Within ten years" means that the arrest for a prior offense
occurred within ten years before or after the arrest for the current
offense.
(c)
Sec. 2 RCW 46.61.5058 and 2009 c 479 s 38 are each amended to
read as follows:
(1) Upon the arrest of a person or upon the filing of a complaint,
citation, or information in a court of competent jurisdiction, based
upon probable cause to believe that a person has violated RCW 46.61.502
or 46.61.504 or any similar municipal ordinance, if such person has a
prior offense ((within seven years as defined in RCW 46.61.5055)), and
where the person has been provided written notice that any transfer,
sale, or encumbrance of such person's interest in the vehicle over
which that person was actually driving or had physical control when the
violation occurred, is unlawful pending either acquittal, dismissal,
sixty days after conviction, or other termination of the charge, such
person shall be prohibited from encumbering, selling, or transferring
his or her interest in such vehicle, except as otherwise provided in
(a), (b), and (c) of this subsection, until either acquittal,
dismissal, sixty days after conviction, or other termination of the
charge. The prohibition against transfer of title shall not be stayed
pending the determination of an appeal from the conviction.
(a) A vehicle encumbered by a bona fide security interest may be
transferred to the secured party or to a person designated by the
secured party;
(b) A leased or rented vehicle may be transferred to the lessor,
rental agency, or to a person designated by the lessor or rental
agency; and
(c) A vehicle may be transferred to a third party or a vehicle
dealer who is a bona fide purchaser or may be subject to a bona fide
security interest in the vehicle unless it is established that (i) in
the case of a purchase by a third party or vehicle dealer, such party
or dealer had actual notice that the vehicle was subject to the
prohibition prior to the purchase, or (ii) in the case of a security
interest, the holder of the security interest had actual notice that
the vehicle was subject to the prohibition prior to the encumbrance of
title.
(2) On conviction for a violation of either RCW 46.61.502 or
46.61.504 or any similar municipal ordinance where the person convicted
has a prior offense ((within seven years as defined in RCW
46.61.5055)), the motor vehicle the person was driving or over which
the person had actual physical control at the time of the offense, if
the person has a financial interest in the vehicle, is subject to
seizure and forfeiture pursuant to this section.
(3) A vehicle subject to forfeiture under this chapter may be
seized by a law enforcement officer of this state upon process issued
by a court of competent jurisdiction. Seizure of a vehicle may be made
without process if the vehicle subject to seizure has been the subject
of a prior judgment in favor of the state in a forfeiture proceeding
based upon this section.
(4) Seizure under subsection (3) of this section automatically
commences proceedings for forfeiture. The law enforcement agency under
whose authority the seizure was made shall cause notice of the seizure
and intended forfeiture of the seized vehicle to be served within
fifteen days after the seizure on the owner of the vehicle seized, on
the person in charge of the vehicle, and on any person having a known
right or interest in the vehicle, including a community property
interest. The notice of seizure may be served by any method authorized
by law or court rule, including but not limited to service by certified
mail with return receipt requested. Service by mail is complete upon
mailing within the fifteen-day period after the seizure. Notice of
seizure in the case of property subject to a security interest that has
been perfected on a certificate of title shall be made by service upon
the secured party or the secured party's assignee at the address shown
on the financing statement or the certificate of title.
(5) If no person notifies the seizing law enforcement agency in
writing of the person's claim of ownership or right to possession of
the seized vehicle within forty-five days of the seizure, the vehicle
is deemed forfeited.
(6) If a person notifies the seizing law enforcement agency in
writing of the person's claim of ownership or right to possession of
the seized vehicle within forty-five days of the seizure, the law
enforcement agency shall give the person or persons a reasonable
opportunity to be heard as to the claim or right. The hearing shall
be before the chief law enforcement officer of the seizing agency or
the chief law enforcement officer's designee, except where the seizing
agency is a state agency as defined in RCW 34.12.020, the hearing shall
be before the chief law enforcement officer of the seizing agency or
an administrative law judge appointed under chapter 34.12 RCW, except
that any person asserting a claim or right may remove the matter to a
court of competent jurisdiction. Removal may only be accomplished
according to the rules of civil procedure. The person seeking removal
of the matter must serve process against the state, county, political
subdivision, or municipality that operates the seizing agency, and any
other party of interest, in accordance with RCW 4.28.080 or 4.92.020,
within forty-five days after the person seeking removal has notified
the seizing law enforcement agency of the person's claim of ownership
or right to possession. The court to which the matter is to be removed
shall be the district court when the aggregate value of the vehicle is
within the jurisdictional limit set forth in RCW 3.66.020. A hearing
before the seizing agency and any appeal therefrom shall be under Title
34 RCW. In a court hearing between two or more claimants to the
vehicle involved, the prevailing party shall be entitled to a judgment
for costs and reasonable attorneys' fees. The burden of producing
evidence shall be upon the person claiming to be the legal owner or the
person claiming to have the lawful right to possession of the vehicle.
The seizing law enforcement agency shall promptly return the vehicle
to the claimant upon a determination by the administrative law judge
or court that the claimant is the present legal owner under this title
((46 RCW)) or is lawfully entitled to possession of the vehicle.
(7) When a vehicle is forfeited under this chapter the seizing law
enforcement agency may sell the vehicle, retain it for official use,
or upon application by a law enforcement agency of this state release
the vehicle to that agency for the exclusive use of enforcing this
title; provided, however, that the agency shall first satisfy any bona
fide security interest to which the vehicle is subject under subsection
(1)(a) or (c) of this section.
(8) When a vehicle is forfeited, the seizing agency shall keep a
record indicating the identity of the prior owner, if known, a
description of the vehicle, the disposition of the vehicle, the value
of the vehicle at the time of seizure, and the amount of proceeds
realized from disposition of the vehicle.
(9) Each seizing agency shall retain records of forfeited vehicles
for at least seven years.
(10) Each seizing agency shall file a report including a copy of
the records of forfeited vehicles with the state treasurer each
calendar quarter.
(11) The quarterly report need not include a record of a forfeited
vehicle that is still being held for use as evidence during the
investigation or prosecution of a case or during the appeal from a
conviction.
(12) By January 31st of each year, each seizing agency shall remit
to the state treasurer an amount equal to ten percent of the net
proceeds of vehicles forfeited during the preceding calendar year.
Money remitted shall be deposited in the state general fund.
(13) The net proceeds of a forfeited vehicle is the value of the
forfeitable interest in the vehicle after deducting the cost of
satisfying a bona fide security interest to which the vehicle is
subject at the time of seizure; and in the case of a sold vehicle,
after deducting the cost of sale, including reasonable fees or
commissions paid to independent selling agents.
(14) The value of a sold forfeited vehicle is the sale price. The
value of a retained forfeited vehicle is the fair market value of the
vehicle at the time of seizure, determined when possible by reference
to an applicable commonly used index, such as the index used by the
department of licensing. A seizing agency may, but need not, use an
independent qualified appraiser to determine the value of retained
vehicles. If an appraiser is used, the value of the vehicle appraised
is net of the cost of the appraisal.
Sec. 3 RCW 46.20.3101 and 2004 c 95 s 4 and 2004 c 68 s 3 are
each reenacted and amended to read as follows:
Pursuant to RCW 46.20.308, the department shall suspend, revoke,
or deny the arrested person's license, permit, or privilege to drive
as follows:
(1) In the case of a person who has refused a test or tests:
(a) For a first refusal ((within seven years)), where there has not
been a previous incident ((within seven years)) that resulted in
administrative action under this section, revocation or denial for one
year;
(b) For a second or subsequent refusal ((within seven years)), or
for a first refusal where there has been one or more previous incidents
((within seven years)) that have resulted in administrative action
under this section, revocation or denial for two years or until the
person reaches age twenty-one, whichever is longer.
(2) In the case of an incident where a person has submitted to or
been administered a test or tests indicating that the alcohol
concentration of the person's breath or blood was 0.08 or more:
(a) For a first incident ((within seven years)), where there has
not been a previous incident ((within seven years)) that resulted in
administrative action under this section, suspension for ninety days;
(b) For a second or subsequent incident ((within seven years)),
revocation or denial for two years.
(3) In the case of an incident where a person under age twenty-one
has submitted to or been administered a test or tests indicating that
the alcohol concentration of the person's breath or blood was 0.02 or
more:
(a) For a first incident ((within seven years)), suspension or
denial for ninety days;
(b) For a second or subsequent incident ((within seven years)),
revocation or denial for one year or until the person reaches age
twenty-one, whichever is longer.
(4) The department shall grant credit on a day-for-day basis for
any portion of a suspension, revocation, or denial already served under
this section for a suspension, revocation, or denial imposed under RCW
46.61.5055 arising out of the same incident.