1736-S AMH BENT H2442.1

1736-S AMH BENT H2442.1

SHB 1736 - H AMD 384 WITHDRAWN 3/14/95

By Representative Benton

On page 4, after line 16, insert the following:

"NEW SECTION. Sec. 4. A new section is added to chapter 46.20 RCW to read as follows:

(1) The department, upon determining from a driver's record that the driver has been found to have committed traffic infractions or has been convicted of offenses against traffic regulations other than for nonmoving violations, with such frequency as to indicate a disrespect for traffic laws or a disregard for the safety of other persons on the highways, may require the driver to attend a driver awareness class.

(2) Upon a driver's completion of a driver awareness class under subsection (1) of this section, the department shall place the driver on probation under such terms and conditions as provided by rule adopted by the department. The driver's license or driving privilege of a person who fails to attend a driver awareness class required under this section may be suspended by the department as provided under RCW 46.20.291(3).

(3) The department may authorize a person, including an agency of this state, a private driver training facility or other private institution, or department, agency, or instrumentality of local government, to administer the driver awareness class specified under this section under the following conditions:

(a) The driver awareness class meets the minimum curriculum criteria established by the department;

(b) The third party has entered into an agreement to comply with any requirements established by the department; and

(c) The director has adopted rules as to the third party driver awareness program and the development and justification for fees charged by a third party.

(4) The director shall approve, maintain, and publish a list of traffic safety courses eligible for the driver awareness class described in this section. The director shall not approve a course unless the course curriculum has been proven through research reports to show positive results in reducing collisions and traffic violation recidivism. The course must include a minimum of six hours of classroom instruction.

(5) The director shall collect a fee from each approved traffic safety school in the amount of not more than two dollars for each person attending a traffic safety course. The funds shall be deposited in the highway safety fund and used for the purposes of this section.

NEW SECTION. Sec. 5. A new section is added to chapter 46.63 RCW to read as follows:

A district or municipal court may adopt rules for a procedure to allow for dismissal of a judicial determination that an infraction was committed. The procedure is subject to the following limitations and standards:

(1) The procedure must allow a person receiving a notice of infraction to attend, at the person's own expense, a driver awareness class meeting the minimum curriculum criteria established by the department of licensing. The court shall dismiss the notice of infraction upon the person's satisfactory completion of the driver awareness class. The court shall determine and order that an infraction was committed upon failure by the person to complete the driver awareness class, and the court shall furnish its determination and order to the department in accordance with RCW 46.20.270.

(2) The dismissal procedure under this section is available only to a person who received a notice of traffic infraction and does not contest the determination represented by the notice. The procedure is available to a person responding to the notice under RCW 46.63.070 (2) or (4).

(3) The procedure must require a signed acknowledgement by the person receiving the notice of infraction that the determination by the notice is not contested.

(4) No person is eligible for a dismissal if the case record of convictions and infractions maintained under RCW 46.52.120 shows that the person has any convictions or has more than two infractions.

(5) A person is not eligible for a dismissal more than once within this state in a three-year period. A person applying for a dismissal shall sign a statement under penalty of perjury that he or she was not granted a dismissal under this section within three years of receipt of the notice of infraction that is the basis for the application. If a dismissal is granted, the court shall send the department a record of the notice of infraction and the dismissal. The department shall maintain the record for at least three years for the purpose of allowing a court to determine whether a person is eligible to receive a dismissal. If within three years after receiving a dismissal a person is determined to have committed an infraction, or is convicted of a crime, for which notification of the department is required under RCW 46.20.270(2), the department upon receipt of the notification shall include the infraction for which the dismissal was granted as part of the person's driving record for the purposes of RCW 46.52.130.

(6) The court may assess a fee to cover the cost to the court of processing an application for a dismissal. The fee is subject to RCW 3.62.020.

(7) Satisfactory completion of a driver awareness class as part of a dismissal granted under this section does not qualify as successful completion of a motor vehicle accident prevention course or driver awareness class for the purposes of insurance premium reductions required under RCW 48.19.460.

(8) A dismissal may not be granted under this section for an infraction committed while operating a motor vehicle under circumstances that require a commercial driver's license under chapter 46.25 RCW.

(9) The director shall approve, maintain, and publish for the court a list of traffic safety courses eligible for the dismissal program described in this section. The director shall not approve a course unless the course curriculum has been proven through research reports to show positive results in reducing collisions and traffic violation recidivism. The course must include a minimum of six hours of classroom instruction.

(10) The director shall collect a fee from each approved traffic safety school in the amount of not more than two dollars for each person attending a traffic safety course for the purpose of receiving a dismissal. The funds shall be deposited in the highway safety fund and used for the purposes of this section.

Sec. 6. RCW 46.63.060 and 1993 c 501 s 9 are each amended to read as follows:

(1) A notice of traffic infraction represents a determination that an infraction has been committed. The determination will be final unless contested or dismissed as provided in this chapter.

(2) The form for the notice of traffic infraction shall be prescribed by rule of the supreme court and shall include the following:

(a) A statement that the notice represents a determination that a traffic infraction has been committed by the person named in the notice and that the determination shall be final unless contested or dismissed as provided in this chapter;

(b) A statement that a traffic infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction; that the penalty for a traffic infraction may include sanctions against the person's driver's license including suspension, revocation, or denial; that the penalty for a traffic infraction related to standing, stopping, or parking may include nonrenewal of the vehicle license;

(d) A statement of the monetary penalty established for the traffic infraction;

(e) A statement of the options, including dismissal, provided in this chapter for responding to the notice and the procedures necessary to exercise these options;

(f) A statement that at any hearing to contest the determination the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed; and that the person may subpoena witnesses including the officer who issued the notice of infraction;

(g) A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the infraction the person will be deemed to have committed the infraction and may not subpoena witnesses;

(h) A statement that the person must respond to the notice as provided in this chapter within fifteen days or the person's driver's license or driving privilege will be suspended by the department until any penalties imposed pursuant to this chapter have been satisfied;

(i) A statement that failure to appear at a hearing requested for the purpose of contesting the determination or for the purpose of explaining mitigating circumstances will result in the suspension of the person's driver's license or driving privilege, or in the case of a standing, stopping, or parking violation, refusal of the department to renew the vehicle license, until any penalties imposed pursuant to this chapter have been satisfied;

(j) A statement, which the person shall sign, that the person promises to respond to the notice of infraction in one of the ways provided in this chapter.

Sec. 7. RCW 46.63.070 and 1993 c 501 s 10 are each amended to read as follows:

(1) Any person who receives a notice of traffic infraction shall respond to such notice as provided in this section within fifteen days of the date of the notice.

(2) If the person determined to have committed the infraction does not contest the determination the person shall respond by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the court specified on the notice. Also, the person may request a dismissal in accordance with section 5 of this act. A check or money order in the amount of the penalty prescribed for the infraction must be submitted with the response. When a response which does not contest the determination is received, an appropriate order shall be entered in the court's records, and, except for a dismissal granted under section 5 of this act, a record of the response and order shall be furnished to the department in accordance with RCW 46.20.270.

(3) If the person determined to have committed the infraction wishes to contest the determination the person shall respond by completing the portion of the notice of infraction requesting a hearing and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be sooner than seven days from the date of the notice, except by agreement.

(4) If the person determined to have committed the infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction the person shall respond by completing the portion of the notice of infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing.

(5) If any person issued a notice of traffic infraction:

(a) Fails to respond to the notice of traffic infraction as provided in subsection (2) of this section; or

(b) Fails to appear at a hearing requested pursuant to subsection (3) or (4) of this section;

the court shall enter an appropriate order assessing the monetary penalty prescribed for the traffic infraction and any other penalty authorized by this chapter and shall notify the department in accordance with RCW 46.20.270, of the failure to respond to the notice of infraction or to appear at a requested hearing.

Sec. 8. RCW 46.63.100 and 1979 ex.s. c 136 s 12 are each amended to read as follows:

(1) A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of an infraction shall be an informal proceeding. The person may not subpoena witnesses. The determination that an infraction has been committed may not be contested at a hearing held for the purpose of explaining mitigating circumstances.

(2) After the court has heard the explanation of the circumstances surrounding the commission of the infraction an appropriate order shall be entered in the court's records. Except for a dismissal granted under section 5 of this act, a record of the court's determination and order shall be furnished to the department in accordance with RCW 46.20.270 as now or hereafter amended.

(3) There may be no appeal from the court's determination or order."

SHB 1736 - H AMD

By Representative Benton

On page 1, beginning on line 1 of the title, after "instructors;" strike the remainder of the title and insert "amending RCW 46.63.060, 46.63.070, and 46.63.100; adding a new section to chapter 43.20A RCW; adding a new section to chapter 46.20 RCW; and adding a new section to chapter 46.63 RCW."