H-3898              _______________________________________________

                                                   HOUSE BILL NO. 1343

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Smith, Chandler, J. Williams, Padden, Patrick, Nealey, Beck, Walker, Baugher, Silver, Lewis, Taylor, May, Betrozoff, Brough and Fuhrman

Read first time 1/13/88 and referred to Committee on Judiciary.

AN ACT Relating to driving privileges; adding a new section to chapter 13.40 RCW; adding a new section to chapter 46.20 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 13.40 RCW to read as follows:

          (1) Whenever a person who is seventeen years of age or younger, but not younger than thirteen years of age, is convicted of any offense described in this subsection or determined by a juvenile court to have committed one of the described offenses, the court in which the person is convicted shall prepare and send to the department of licensing, within twenty-four hours of the conviction or determination, an order of denial of driving privileges for the person so convicted.  This section applies to any crime, violation, infraction, or other offense involving the possession, use, or abuse of alcohol or any drug.

          (2) If a court has issued an order of denial of driving privileges under this section, the court, upon petition of the person, may review the order and may withdraw the order at any time the court deems appropriate except as provided in the following:

          (a) A court may not withdraw an order for a period of ninety days after the issuance of the order if it is the first such order issued with respect to the person;

          (b) A court may not withdraw an order for a period of one year after the issuance of the order if it is the second or subsequent such order issued with respect to the person.

NEW SECTION. Sec. 2.  A new section is added to chapter 46.20 RCW to read as follows:

          (1) In addition to any other authority to suspend driving privileges under this chapter, the department shall suspend all driving privileges of any person upon receipt of an order of denial of driving privileges under section 1 of this act.  The suspension shall be imposed without hearing.  The driving privileges of the person shall be suspended as follows:

          (a) Upon receipt of the first order denying driving privileges, the department shall impose a suspension for one year, or until the person so suspended reaches seventeen years of age, whichever is longer;

          (b) Upon receipt of a second or subsequent order denying driving privileges, the department shall suspend for one year or until the person reaches eighteen years of age, whichever is longer.

          (2) If the department receives notice from a court that it has withdrawn an order issued under section 1 of this act, the department shall immediately reinstate any driving privileges that have been suspended under this section because of the issuance of the order.