_______________________________________________

                                                    HOUSE BILL NO. 663

                        _______________________________________________

                                                           AS AMENDED BY THE SENATE

                                                                            C 247 L 87

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Dellwo and Armstrong

Read first time 2/6/87 and referred to Committee on Judiciary.

AN ACT Relating to breath alcohol testing; amending RCW 46.63.020; adding new sections 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 46.20 RCW to read as follows:

          The legislature finds and declares:

          (1) There is a need to reduce the incidence of drivers on the highways and roads of this state who, because of their use, consumption, or possession of alcohol, pose a danger to the health and safety of other drivers;

          (2) One method of dealing with the problem of drinking drivers is to discourage the use of motor vehicles by persons who possess or have consumed alcoholic beverages;

          (3) The installation of an ignition interlock breath alcohol device will provide a means of deterring the use of motor vehicles by persons who have consumed alcoholic beverages;

          (4) Ignition interlock devices are designed to supplement other methods of punishment that prevent drivers from using a motor vehicle after using, possessing, or consuming alcohol;

          (5) It is economically and technically feasible to have an ignition interlock device installed in a motor vehicle in such a manner that the vehicle will not start if the operator has recently consumed alcohol.

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

          The court may order any person convicted of any offense involving the use, consumption, or possession of alcohol while operating a motor vehicle to drive only a motor vehicle equipped with a functioning ignition interlock device, and the restriction shall be for a period of not less than six months.

          The court shall establish a specific calibration setting at which the ignition interlock device will prevent the motor vehicle from being started and the period of time that the person shall be subject to the restriction.

          For purposes of this section, "convicted" means being found guilty of an offense or being placed on a deferred prosecution program under chapter 10.05 RCW.

NEW SECTION. Sec. 3.  A new section is added to chapter 46.20 RCW to read as follows:

          For the purposes of sections 2, 4, and 5 of this act, "ignition interlock device" means breath alcohol analyzed ignition equipment, certified by the state commission on equipment, designed to prevent a motor vehicle from being operated by a person who has consumed an alcoholic beverage.  The commission shall by rule provide standards for the certification, installation, repair, and removal of the devices.

NEW SECTION. Sec. 4.  A new section is added to chapter 46.20 RCW to read as follows:

          The department shall attach or imprint a notation on the driver's license of any person restricted under section 2 of this act stating that the person may operate only a motor vehicle equipped with an ignition interlock device.

NEW SECTION. Sec. 5.  A new section is added to chapter 46.20 RCW to read as follows:

          A person who knowingly assists another person who is restricted to the use of an ignition interlock device to start and operate that vehicle in violation of a court order is guilty of a gross misdemeanor.

          The provisions of this section do not apply if the starting of a motor vehicle, or the request to start a motor vehicle, equipped with an ignition interlock device is done for the purpose of safety or mechanical repair of the device or the vehicle and the person subject to the court order does not operate the vehicle.

        Sec. 6.  Section 3, chapter 186, Laws of 1986 and RCW 46.63.020 are each amended to read as follows:

          Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution:

          (1) RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;

          (2) RCW 46.09.130 relating to operation of nonhighway vehicles;

          (3) RCW 46.10.090(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit-forming drugs or in a manner endangering the person of another;

          (4) RCW 46.10.130 relating to the operation of snowmobiles;

          (5) Chapter 46.12 RCW relating to certificates of ownership and registration;

          (6) RCW 46.16.010 relating to initial registration of motor vehicles;

          (7) RCW 46.16.160 relating to vehicle trip permits;

          (8) RCW 46.16.381(8) relating to unauthorized acquisition of a special decal, license plate, or card for disabled persons' parking;

(9) RCW 46.20.021 relating to driving without a valid driver's license;

          (((9))) (10) RCW 46.20.336 relating to the unlawful possession and use of a driver's license;

          (((10))) (11) RCW 46.20.342 relating to driving with a suspended or revoked license;

          (((11))) (12) RCW 46.20.410 relating to the violation of restrictions of an occupational driver's license;

          (((12))) (13) RCW 46.20.416 relating to driving while in a suspended or revoked status;

          (((13))) (14) RCW 46.20.420 relating to the operation of a motor vehicle with a suspended or revoked license;

          (((14))) (15) Section 5 of this act relating to assisting another person to start a vehicle equipped with an ignition interlock device;

(16) Chapter 46.29 RCW relating to financial responsibility;

          (((15))) (17) RCW 46.44.180 relating to operation of mobile home pilot vehicles;

          (((16))) (18) RCW 46.48.175 relating to the transportation of dangerous articles;

          (((17))) (19) RCW 46.52.010 relating to duty on striking an unattended car or other property;

          (((18))) (20) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;

          (((19))) (21) RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers;

          (((20))) (22) RCW 46.52.100 relating to driving under the influence of liquor or drugs;

          (((21))) (23) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an insurance company and an employer;

          (((22))) (24) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;

          (((23))) (25) RCW 46.61.015 relating to obedience to police officers, flagmen, or fire fighters;

          (((24))) (26) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;

          (((25))) (27) RCW 46.61.022 relating to failure to stop and give identification to an officer;

          (((26))) (28) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;

          (((27))) (29) RCW 46.61.500 relating to reckless driving;

          (((28))) (30) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;

          (((29))) (31) RCW 46.61.520 relating to vehicular homicide by motor vehicle;

          (((30))) (32) RCW 46.61.522 relating to vehicular assault;

          (((31))) (33) RCW 46.61.525 relating to negligent driving;

          (((32))) (34) RCW 46.61.530 relating to racing of vehicles on highways;

          (((33))) (35) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;

          (((34))) (36) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;

          (((35))) (37) RCW 46.64.020 relating to nonappearance after a written promise;

          (((36))) (38) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;

          (((37))) (39) Chapter 46.65 RCW relating to habitual traffic offenders;

          (((38))) (40) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where that chapter provides for the assessment of monetary penalties of a civil nature;

          (((39))) (41) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;

          (((40))) (42) Chapter 46.80 RCW relating to motor vehicle wreckers;

          (((41))) (43) Chapter 46.82 RCW relating to driver's training schools.

                                                                                                                           Passed the House April 15, 1987.

                                                                                                                                         Speaker of the House.

                                                                                                                             Passed the Senate April 6, 1987.

                                                                                                                                       President of the Senate.