H-193                _______________________________________________

                                                   HOUSE BILL NO. 1139

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Heavey, Patrick, O'Brien, Ballard, Sayan, Brough, Dorn, May, Crane, D. Sommers, K. Wilson, Ferguson, Wineberry, Kremen, Grant, Rasmussen, Todd, Anderson, Brekke, Nealey, Jesernig, Cantwell, Scott, Prentice, Zellinsky, S. Wilson, R. Meyers, Smith, G. Fisher, Doty, Winsley, Fuhrman, Basich, Rayburn, Jones, Walk, Valle, Schoon, Youngsman, Beck, Horn, McLean, Phillips, Baugher, Silver, Morris, Rector, Cooper, Miller, Brumsickle, Tate and Sprenkle

!ae180Read first time 1/18/89 and referred to Committee on Judiciary.

AN ACT Relating to penalties for violation of the uniform controlled substances act; adding new sections to chapter 69.50 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 69.50 RCW to read as follows:

          (1) A person who is convicted of a violation of any provision of this chapter shall be punished by imprisonment for not less than twenty-four consecutive hours, and by a fine of not less than one thousand dollars, regardless of the maximum or presumptive sentence otherwise prescribed by law and regardless of the authority to grant an exceptional sentence under any provision of law.  Unless the court finds that the imposition of the minimum imprisonment will pose a substantial risk to the defendant's physical or mental well-being or that local jail facilities are in an overcrowded condition, the minimum term of imprisonment may not be suspended or deferred.  If the court finds such risk or overcrowding exists, it shall sentence the defendant to a minimum of forty hours of community service.  If a minimum term of imprisonment 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.  Unless the court finds the person to be indigent, the minimum fine may not be suspended or deferred.

NEW SECTION. Sec. 2.  A new section is added to chapter 69.50 RCW to read as follows:

          (1) If a person who has a permit, license, certificate, or other authorization to conduct or engage in a business, occupation, or profession from a state agency, is convicted of a violation of a provision of this chapter, the court shall order the issuing agency to suspend the permit, license, certificate, or authorization for ninety days.  Before sentencing, the court shall direct the defendant to disclose whether he or she has such a permit, license, certificate, or authorization.  This suspension shall be in addition to any other suspension authorized by law and shall not limit the authority of the agency to exercise any authority granted it by law.

          (2) The court shall also send notice of the conviction to the department of licensing who shall immediately suspend the person's privilege to drive for ninety days.  If the person does not have a driver's license or permit, the department shall suspend the convicted person's right to apply for a driver's license or permit for ninety days.  A suspension under this section shall be in addition to any other suspension authorized by law and shall not limit the authority of the agency to exercise any authority granted by law.

          (3) The office of the administrator for the courts shall develop a notice form to be used under this section.

NEW SECTION. Sec. 3.  A new section is added to chapter 69.50 RCW to read as follows:

          Following a conviction, the court shall release to local newspapers the name, address, age, and occupation of any person convicted of a violation of this chapter.

NEW SECTION. Sec. 4.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.