2906-S AMH SHEA H4306.1

2906-S AMH SHEA H4306.1

SHB 2906 - H AMD TO H AMD (H-4293.2/94) 1168 LOST 2-21-94

By Representative Sheahan

On page 136, after line 23 of the amendment, insert the following:

"Sec. 735. RCW 13.32A.250 and 1990 c 276 s 16 are each amended to read as follows:

(1) In all alternative residential placement proceedings and at-risk youth proceedings, the court shall verbally notify the parents and the child of the possibility of a finding of contempt for failure to comply with the terms of a court order entered pursuant to this chapter. The court shall treat the parents and the child equally for the purposes of applying contempt of court processes and penalties under this section.

(2) Failure by a party to comply with an order entered under this chapter is a contempt of court as provided in chapter 7.21 RCW, subject to the limitations of subsections ((~~(2)~~)) (3), (4), and (6) of this section.

(3) The court may impose a fine of up to one hundred dollars and imprisonment for up to seven days, or both for contempt of court under this section.

(4) A child imprisoned for contempt under this section shall be imprisoned only in a secure juvenile detention facility operated by or pursuant to a contract with a county.

(5) A motion for contempt may be made by a parent, a child, juvenile court personnel, or by any public agency, organization, or person having custody of the child under a court order adopted pursuant to this chapter.

(6) In addition to the penalties provided in this section, the court shall notify the department of licensing that the juvenile is in contempt of the order and that the juvenile's driving privileges should be revoked. For the first violation of the order, the juvenile may not petition the court for reinstatement of the juvenile's privilege to drive until ninety days after the day the juvenile turns sixteen or ninety days after the judgment was entered, whichever is later. For second and subsequent violations the child may not petition the court for reinstatement of the privilege to drive until the date the juvenile turns seventeen or one year after the date the judgment was entered, whichever is later. The court shall notify the department of licensing within twenty-four hours after entry of the finding of contempt.

Sec. 736. RCW 46.20.265 and 1991 c 260 s 1 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 when the department receives notice from a court ((~~pursuant to~~)) under RCW 13.32A.250, 13.40.265, 66.44.365, 69.41.065, 69.50.420, 69.52.070, or a substantially similar municipal ordinance adopted by a local legislative authority, 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 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 reaches seventeen years of age, whichever is longer.

(b) Upon receipt of a second or subsequent notice, the department shall impose a revocation for two years or until the juvenile reaches eighteen years of age, whichever is longer.

(3) If the department receives notice from a court that the juvenile'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."

Renumber the remaining sections consecutively and correct internal references accordingly.

EFFECT: Driving privileges will be revoked if the court finds a child in contempt for violating the court's alternative residential placement order or at-risk youth proceeding order.