AN ACT Relating to revocation of minors' 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 driving privileges of a ((~~juvenile~~)) person under the age of twenty-one 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 under the age of twenty-one 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:

(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 66.44, 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 66.44, 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. 5. Section 5, chapter 148, Laws of 1988 and RCW 69.50.420 are each amended to read as follows:

(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 at any time the court deems appropriate notify the department of licensing to reinstate the ((~~juvenile's~~)) minor'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 minor's first violation of this chapter or chapter 66.44, 69.41, 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 66.44, 69.41, 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. 6. Section 6, chapter 148, Laws of 1988 and RCW 69.52.070 are each amended to read as follows:

(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 at any time the court deems appropriate notify the department of licensing to reinstate the ((~~juvenile's~~)) minor'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 minor's first violation of this chapter or chapter 66.44, 69.41, or 69.50 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 66.44, 69.41, or 69.50 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.

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.