H-3619              _______________________________________________

 

                                                   HOUSE BILL NO. 2425

                        _______________________________________________

 

State of Washington                               51st Legislature                              1990 Regular Session

 

By Representatives Rasmussen, Dorn, McLean, Ebersole, Rayburn, Heavey, Van Luven, Kirby, Spanel, Walker, K. Wilson, Betrozoff, Brumsickle, Jesernig, Moyer, Raiter, Winsley, Wood, S. Wilson, Brough, Fuhrman, Wolfe, Miller, Sprenkle, Todd, Crane, Smith, Rector, Wineberry, Forner, Tate, Basich, Youngsman, Zellinsky, May, O'Brien and Ferguson

 

 

Read first time 1/12/90 and referred to Committee on Judiciary.

 

 


AN ACT Relating to revocation of driving privileges for drug or alcohol law violations; and amending RCW 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 7, chapter 148, Laws of 1988 as amended by section 117, chapter 271, Laws of 1989 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 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)) 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 as follows:

          (i) In the case of a person over the age of seventeen, for one year((,)); or

          (ii) In the case of a person under the age of seventeen 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 as follows:

          (i) In the case of a person over the age of eighteen, for two years; or

          (ii) In the case of a person under the age of eighteen, for 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.

          (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. 2.  Section 3, chapter 148, Laws of 1988 as amended by section 118, chapter 271, Laws of 1989 and RCW 66.44.365 are each amended to read as follows:

          (1) If a ((juvenile)) person thirteen years of age or older and under the age of ((eighteen)) 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, upon petition of a ((juvenile)) 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) If the conviction is for the ((juvenile's)) person's first violation of this chapter or chapter 69.41, 69.50, or 69.52 RCW, ((a juvenile)) the person may not petition the court for reinstatement of the ((juvenile's)) person's privilege to drive revoked pursuant to RCW 46.20.265 until the later of ninety days after the date the ((juvenile)) person turns sixteen or ninety days after the judgment was entered.  If the conviction was for the ((juvenile's)) person's second or subsequent violation of this chapter or chapter 69.41, 69.50, or 69.52 RCW, the ((juvenile)) person may not petition the court for reinstatement of the ((juvenile's)) person's privilege to drive revoked pursuant to RCW 46.20.265 until the later of the date the ((juvenile)) person turns seventeen or one year after the date judgment was entered.

 

        Sec. 3.  Section 4, chapter 148, Laws of 1988 as amended by section 119, chapter 271, Laws of 1989 and RCW 69.41.065 are each amended to read as follows:

          (1) If a ((juvenile)) person 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, upon petition of a ((juvenile)) 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) If the conviction is for the ((juvenile's)) person's first violation of this chapter or chapter 66.44, 69.50, or 69.52 RCW, the ((juvenile)) person may not petition the court for reinstatement of the ((juvenile's)) person's privilege to drive revoked pursuant to RCW 46.20.265 until the later of ninety days after the date the ((juvenile)) person turns sixteen or ninety days after the judgment was entered.  If the conviction was for the ((juvenile's)) person's second or subsequent violation of this chapter or chapter 66.44, 69.50, or 69.52 RCW, the ((juvenile)) person may not petition the court for reinstatement of the ((juvenile's)) person's privilege to drive revoked pursuant to RCW 46.20.265 until the later of the date the ((juvenile)) person turns seventeen or one year after the date judgment was entered.

 

        Sec. 4.  Section 5, chapter 148, Laws of 1988 as amended by section 120, chapter 271, Laws of 1989 and RCW 69.50.420 are each amended to read as follows:

          (1) If a ((juvenile)) person 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, upon petition of a ((juvenile)) 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) If the conviction is for the ((juvenile's)) person's first violation of this chapter or chapter 66.44, 69.41, or 69.52 RCW, the ((juvenile)) person may not petition the court for reinstatement of the ((juvenile's)) person's privilege to drive revoked pursuant to RCW 46.20.265 until the later of ninety days after the date the ((juvenile)) person turns sixteen or ninety days after the judgment was entered.  If the conviction was for the ((juvenile's)) person's second or subsequent violation of this chapter or chapter 66.44, 69.41, or 69.52 RCW, the ((juvenile)) person may not petition the court for reinstatement of the ((juvenile's)) person's privilege to drive revoked pursuant to RCW 46.20.265 until the later of the date the ((juvenile)) person turns seventeen or one year after the date judgment was entered.

 

        Sec. 5.  Section 6, chapter 148, Laws of 1988 as amended by section 121, chapter 271, Laws of 1989 and RCW 69.52.070 are each amended to read as follows:

          (1) If a ((juvenile)) person 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, upon petition of a ((juvenile)) 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) If the conviction is for the ((juvenile's)) person's first violation of this chapter or chapter 66.44, 69.41, or 69.50 RCW, the ((juvenile)) person may not petition the court for reinstatement of the ((juvenile's)) person's privilege to drive revoked pursuant to RCW 46.20.265 until the later of ninety days after the date the ((juvenile)) person turns sixteen or ninety days after the judgment was entered.  If the conviction was for the ((juvenile's)) person's second or subsequent violation of this chapter or chapter 66.44, 69.41, or 69.50 RCW, the ((juvenile)) person may not petition the court for reinstatement of the ((juvenile's)) person's privilege to drive revoked pursuant to RCW 46.20.265 until the later of the date the ((juvenile)) person turns seventeen or one year after the date judgment was entered.