H-285                _______________________________________________

 

                                                   HOUSE BILL NO. 1145

                        _______________________________________________

 

State of Washington                               51st Legislature                              1989 Regular Session

 

By Representatives O'Brien, Patrick, Sayan, Wineberry, Locke, Ferguson, Anderson, Jacobsen, Kremen, Todd, Basich, May, Schoon, Youngsman, Van Luven, Beck, Betrozoff, Phillips, Ballard, Baugher, Brough, Miller, Brumsickle and Tate

 

 

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

 

 


AN ACT Relating to revocation of driving privileges for drug offenses; amending RCW 46.04.480 and 46.20.311; adding a new section to chapter 10.64 RCW; adding a new section to chapter 69.41 RCW; adding a new section to chapter 69.50 RCW; adding a new section to chapter 69.52 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 10.64 RCW to read as follows:

          If a person eighteen years of age or older is convicted of an offense that is a violation of chapter 69.41, 69.50, or 69.52 RCW, the court shall notify the department of licensing within twenty-four hours after entry of the judgment.

 

          NEW SECTION.  Sec. 2.  A new section is added to chapter 69.41 RCW to read as follows:

          If a person eighteen years of age or older is convicted of an offense that is a violation of this chapter, the court shall notify the department of licensing within twenty-four hours after entry of the judgment.

 

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

          If a person eighteen years of age or older is convicted of an offense that is a violation of this chapter, the court shall notify the department of licensing within twenty-four hours after entry of the judgment.

 

          NEW SECTION.  Sec. 4.  A new section is added to chapter 69.52 RCW to read as follows:

          If a person eighteen years of age or older is convicted of an offense that is a violation of this chapter, the court shall notify the department of licensing within twenty-four hours after entry of the judgment.

 

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

          (1) In addition to any other authority to revoke driving privileges under this chapter, the department shall revoke all driving privileges of a person eighteen years of age or older when the department receives notice from a court pursuant to section 1, 2, 3, or 4 of this act.  The revocation shall be imposed without hearing.

          (2) The driving privileges of the person revoked under subsection (1) of this section shall be revoked in the following manner:

          (a) Upon receipt of the first notice, the department shall impose a revocation for six months.

          (b) Upon receipt of a second or subsequent notice within five years, the department shall impose a revocation for one year.

 

        Sec. 6.  Section 46.04.480, chapter 12, Laws of 1961 as last amended by section 8, chapter 148, Laws of 1988 and RCW 46.04.480 are each amended  to read as follows:

          "Revoke," in all its forms, means the invalidation for a period of one calendar year and thereafter until reissue:  PROVIDED, That under the provisions of RCW 46.20.285, 46.20.311, 46.20.265, section 5 of this act, or 46.61.515 and chapter 46.65 RCW the invalidation may last for a period other than one calendar year.

 

        Sec. 7.  Section 9, chapter 148, Laws of 1988 and RCW 46.20.311 are each amended to read as follows:

          (1) The department shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a fixed period of more than one year, except as permitted under RCW 46.20.342 or 46.61.515.  Whenever the license of any person is suspended by reason of a conviction, a finding that a traffic infraction has been committed, pursuant to chapter 46.29 RCW, or pursuant to RCW 46.20.291, the suspension shall remain in effect and the department shall not issue to the person any new, duplicate, or renewal license until the person pays a reinstatement fee of twenty dollars and gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW.  If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, the reinstatement fee shall be fifty dollars.

          (2) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked, unless the revocation was for a cause which has been removed, is not entitled to have the license or privilege renewed or restored until:  (a) After the expiration of one year from the date on which the revoked license was surrendered to and received by the department; (b) after the expiration of the applicable revocation period provided by RCW 46.61.515(3) (b) or (c); (c) after the expiration of two years for persons convicted of vehicular homicide; (d) after the expiration of one year in cases of revocation for the first refusal within five years to submit to a chemical test under RCW 46.20.308; (e) after the expiration of two years in cases of revocation for the second refusal within five years to submit to a chemical test under RCW 46.20.308; or (f) after the expiration of the applicable revocation period provided by RCW 46.20.265 or section 5 of this act.  After the expiration of the appropriate period, the person may make application for a new license as provided by law together with a reinstatement fee in the amount of twenty dollars, but if the revocation is the result of a violation of RCW 46.20.308, 46.61.502, or 46.61.504, the reinstatement fee shall be fifty dollars.  Except for a revocation under RCW 46.20.265 or section 5 of this act, the department shall not then issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant the privilege of driving a motor vehicle on the public highways, and until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW.  For a revocation under RCW 46.20.265 or section 5 of this act, the department shall not issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant that person the privilege of driving a motor vehicle on the public highways.  A resident without a license or permit whose license or permit was revoked under RCW 46.20.308(6) shall give and thereafter maintain proof of financial responsibility for the future as provided in chapter 46.29 RCW.

          (3) Whenever the driver's license of any person is suspended pursuant to Article IV of the nonresident violators compact or RCW 46.23.020, the suspension shall remain in effect and the department shall not issue to the person any new or renewal license until the  person pays a reinstatement fee of twenty dollars.  If the suspension is the result of a violation of the laws of another state, province, or other jurisdiction involving (a) the operation or physical control of a motor vehicle upon the public highways while under the influence of intoxicating liquor or drugs, or (b) the refusal to submit to a chemical test of the driver's blood alcohol content, the reinstatement fee shall be fifty dollars.

 

          NEW SECTION.  Sec. 8.     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.