H-228 _______________________________________________
HOUSE BILL NO. 1332
_______________________________________________
State of Washington 51st Legislature 1989 Regular Session
By Representatives Rasmussen, Walker, Heavey, Patrick, Holland, Dorn, Rayburn, Winsley, May, K. Wilson, Fuhrman, Valle, Crane, McLean, Moyer, Anderson, Hargrove, Phillips, Beck, Betrozoff, Cantwell, Sprenkle, Scott, Brough, Rector and Todd
Read first time 1/20/89 and referred to Committee on Judiciary.
AN ACT Relating to revocation of the privilege to drive because of alcohol and drug violations; and amending RCW 13.40.265, 46.20.265, 66.44.365, 69.41.065, 69.50.420, and 69.52.070.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 2, chapter 148, Laws of 1988 and RCW 13.40.265 are each amended to read as follows:
(1) (a) If
a juvenile ((under eighteen years of age, but)) thirteen years of age
or ((over,)) older is found by juvenile court to have committed
an offense that is a violation of chapter 66.44, 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.
(b) Except
as otherwise provided in (c) of this subsection, ((a court,)) upon
petition of a juvenile who has been found by the court to have committed an
offense that is a violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the
court may at any time the court deems appropriate notify the department of
licensing that the juvenile's driving privileges should be reinstated.
(c) ((The
court shall not notify the department that the juvenile's driving privileges
should be reinstated for a period of ninety days after the entry of the judgment
if it is the first order issued with respect to the juvenile under RCW
46.20.265, or 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 juvenile)) If
the offense is the juvenile's first violation of chapter 66.44, 69.41, 69.50,
or 69.52 RCW, the juvenile may not petition the court for reinstatement of the
juvenile's privilege to drive revoked pursuant to RCW 46.20.265 until ninety
days after the date the juvenile turns sixteen or ninety days after the
judgment was entered, whichever is later. If the offense is the juvenile's
second or subsequent violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW,
the juvenile may not petition the court for reinstatement of the juvenile's
privilege to drive revoked pursuant to RCW 46.20.265 until the date the
juvenile turns seventeen or one year after the date judgment was entered,
whichever is later.
(2) (a) If a juvenile enters into a diversion agreement with a diversion unit pursuant to RCW 13.40.080 concerning an offense that is a violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the diversion unit shall notify the department of licensing within twenty-four hours after the diversion agreement is signed.
(b) If a diversion unit has notified the department pursuant to (a) of this subsection, the diversion unit shall notify the department of licensing when the juvenile has completed the agreement.
Sec. 2. Section 7, chapter 148, Laws of 1988 and RCW 46.20.265 are each amended to read as follows:
(1) In
addition to any other authority to revoke driving privileges under this
chapter, the department shall revoke ((all)) a person's driving
privileges ((of a juvenile)) when the department receives notice from a
court pursuant to RCW 13.40.265, 66.44.365, 69.41.065, 69.50.420, or 69.52.070
or from a diversion unit pursuant to RCW 13.40.265. The revocation shall be
imposed without hearing.
(2) The
driving privileges of ((the juvenile)) a 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 one
year, or until the ((juvenile)) person reaches seventeen years of
age, whichever is longer.
(b) Upon
receipt of a second or subsequent notice, the department shall impose a
revocation for ((one)) two years or until the ((juvenile))
person reaches eighteen years of age, whichever is longer.
(3) If the
department receives notice from a court that the ((juvenile's)) person's
privilege to drive should be reinstated, the department shall immediately
reinstate any driving privileges that have been revoked under this section.
(4)(a)
If the department receives notice pursuant to RCW 13.40.265(2)(b) from a
diversion unit that a juvenile has completed a diversion agreement for which
the juvenile's driving privileges were revoked, the department shall reinstate
any driving privileges revoked under this section as provided in (b) of this
subsection. ((The department shall not reinstate driving privileges
earlier than ninety days after the date the juvenile entered into a diversion
agreement for the first violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW
and not earlier than one year after the date the juvenile entered into a
diversion agreement for a second or subsequent violation of chapter 66.44,
69.41, 69.50, or 69.52 RCW.))
(b) If the diversion agreement was for the juvenile's first violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the department shall not reinstate the juvenile's privilege to drive until the later of ninety days after the date the juvenile turns sixteen or ninety days after the juvenile entered into a diversion agreement for the offense. If the diversion agreement was for the juvenile's second or subsequent violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the department shall not reinstate the juvenile's privilege to drive until the later of the date the juvenile turns seventeen or one year after the juvenile entered into the second or subsequent diversion agreement.
Sec. 3. Section 3, chapter 148, Laws of 1988 and RCW 66.44.365 are each amended to read as follows:
(1) If a ((juvenile
under eighteen years of age, but thirteen or over,)) minor thirteen
years of age or older and under the age of twenty-one is found by a court
to have committed any 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.
(2) Except
as otherwise provided in subsection (3) of this section, ((the court,))
upon petition of a ((juvenile who has been found by the court to have
committed an offense that is a violation of this chapter,)) minor whose
privilege to drive has been revoked pursuant to RCW 46.20.265, the court
may notify the department of licensing that the ((juvenile's)) minor's
privilege to drive should be reinstated.
(3) ((The
court shall not notify the department that the juvenile's driving privileges
should be reinstated for a period of ninety days after the entry of the
judgment if it is the first revocation with respect to the juvenile under this
section or RCW 46.20.265, or for a period of one year after the issuance of the
order if it is the second or subsequent such revocation issued with respect to
the juvenile)) If the conviction is for the minor's first violation of
this chapter or chapter 69.41, 69.50, or 69.52 RCW, a minor may not petition
the court for reinstatement of the minor's privilege to drive revoked pursuant
to RCW 46.20.265 until the later of ninety days after the date the minor turns
sixteen or ninety days after the judgment was entered. If the conviction was
for the minor's second or subsequent violation of this chapter or chapter
69.41, 69.50, or 69.52 RCW, a minor may not petition the court for
reinstatement of the minor's privilege to drive revoked pursuant to RCW 46.20.265
until the later of the date the minor turns seventeen or one year after the
date judgment was entered.
Sec. 4. Section 4, chapter 148, Laws of 1988 and RCW 69.41.065 are each amended to read as follows:
(1) If a ((juvenile
under eighteen years of age, but thirteen or over,)) person is found
by a court to have committed any 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.
(2) Except
as otherwise provided in subsection (3) of this section, ((the court,))
upon petition of a ((juvenile who has been found by the court to have
committed an offense that is a violation of this chapter,)) person whose
privilege to drive has been revoked pursuant to RCW 46.20.265, the court
may notify the department of licensing that the ((juvenile's)) person's
privilege to drive should be reinstated.
(3) ((The
court shall not notify the department that the juvenile's driving privileges
should be reinstated for a period of ninety days after the entry of the
judgment if it is the first revocation with respect to the juvenile under this
section or RCW 46.20.265, or for a period of one year after the issuance of the
order if it is the second or subsequent such revocation issued with respect to
the juvenile)) If the conviction is for the person's first violation of
this chapter or chapter 66.44, 69.50, or 69.52 RCW, a minor may not petition
the court for reinstatement of the person's privilege to drive revoked pursuant
to RCW 46.20.265 until the later of ninety days after the date the person turns
sixteen or ninety days after the judgment was entered. If the conviction was
for the person's second or subsequent violation of this chapter or chapter 66.44,
69.50, or 69.52 RCW, the person may not petition the court for reinstatement of
the person's privilege to drive revoked pursuant to RCW 46.20.265 until the
later of the date the person turns seventeen or one year after the date
judgment was entered.
Sec. 5. Section 5, chapter 148, Laws of 1988 and RCW 69.50.420 are each amended to read as follows:
(1) If a ((juvenile
under eighteen years of age, but thirteen or over,)) person is found
by a court to have committed any 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.
(2) Except
as otherwise provided in subsection (3) of this section, ((the court,))
upon petition of a ((juvenile who has been found by the court to have
committed an offense that is a violation of this chapter,)) person whose
privilege to drive has been revoked pursuant to RCW 46.20.265, the court
may at any time the court deems appropriate notify the department of licensing
to reinstate the ((juvenile's)) person's privilege to drive.
(3) ((The
court shall not notify the department that the juvenile's privilege to drive
should be reinstated for a period of ninety days after the entry of the
judgment if it is the first revocation issued with respect to the juvenile
under this section or RCW 46.20.265, or for a period of one year after the
entry of the judgment if it is the second or subsequent such revocation issued with
respect to the juvenile)) If the conviction is for the person's first
violation of this chapter or chapter 66.44, 69.41, or 69.52 RCW, the person may
not petition the court for reinstatement of the person's privilege to drive
revoked pursuant to RCW 46.20.265 until the later of ninety days after the date
the person turns sixteen or ninety days after the judgment was entered. If the
conviction was for the person's second or subsequent violation of this chapter
or chapter 66.44, 69.41, or 69.52 RCW, the person may not petition the court
for reinstatement of the person's privilege to drive revoked pursuant to RCW
46.20.265 until the later of the date the person turns seventeen or one year
after the date judgment was entered.
Sec. 6. Section 6, chapter 148, Laws of 1988 and RCW 69.52.070 are each amended to read as follows:
(1) If a ((juvenile
under eighteen years of age, but thirteen or over,)) person is found
by a court to have committed any 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.
(2) Except
as otherwise provided in subsection (3) of this section, ((the court,))
upon petition of a ((juvenile who has been found by the court to have
committed an offense that is a violation of this chapter,)) person whose
privilege to drive has been revoked pursuant to RCW 46.20.265, the court
may at any time the court deems appropriate notify the department of licensing
to reinstate the ((juvenile's)) person's privilege to drive.
(3) ((The
court shall not notify the department that the juvenile's privilege to drive
should be reinstated for a period of ninety days after the entry of the
judgment if it is the first revocation issued with respect to the juvenile
under this section or RCW 46.20.265, or for a period of one year after the
entry of the judgment if it is the second or subsequent such revocation issued
with respect to the juvenile)) If the conviction is for the person's
first violation of this chapter or chapter 66.44, 69.41, or 69.50 RCW, the
person may not petition the court for reinstatement of the person's privilege
to drive revoked pursuant to RCW 46.20.265 until the later of ninety days after
the date the person turns sixteen or ninety days after the judgment was
entered. If the conviction was for the person's second or subsequent violation
of this chapter or chapter 66.44, 69.41, or 69.50 RCW, the person may not
petition the court for reinstatement of the person's privilege to drive revoked
pursuant to RCW 46.20.265 until the later of the date the person turns
seventeen or one year after the date judgment was entered.
NEW SECTION. Sec. 7. 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.