S-3705.3  _______________________________________________

                         SENATE BILL 6233

          _______________________________________________

State of Washington      55th Legislature     1998 Regular Session

By Senators Rasmussen, Roach, Swecker, Fairley, Stevens, Zarelli, Rossi, Snyder, Long, McAuliffe and Oke

Read first time 01/14/98.  Referred to Committee on Law & Justice.

Revoking driving privileges for alcohol violations until the person is age twenty-one.

    AN ACT Relating to revocation of driving privileges; amending RCW 46.20.265, 66.44.365, 69.41.065, 69.50.420, and 69.52.070; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 46.20.265 and 1994 sp.s. c 7 s 439 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 RCW 9.41.040(5), 13.40.265, 66.44.365, 69.41.065, 69.50.420, 69.52.070 or of a person under the age of twenty-one when the department receives notice from a court pursuant to RCW 66.44.365, 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)) 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 two years or until the ((juvenile)) person reaches eighteen years of age, whichever is longer.

    (c) Each offense for which the department receives notice shall result in a separate period of revocation.  All periods of revocation imposed under this section that could otherwise overlap shall run consecutively and no period of revocation imposed under this section shall begin before the expiration of all other periods of revocation imposed under this section or other law.

    (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)) person under the age of eighteen has completed a diversion agreement for which the ((juvenile's)) person'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)) person's first violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the department shall not reinstate the ((juvenile's)) person's privilege to drive until the later of ninety days after the date the ((juvenile)) person turns sixteen or ninety days after the ((juvenile)) person entered into a diversion agreement for the offense.  If the diversion agreement was for the ((juvenile's)) person'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)) person's privilege to drive until the later of the date the ((juvenile)) person turns seventeen or one year after the ((juvenile)) person entered into the second or subsequent diversion agreement.

    Sec. 2.  RCW 66.44.365 and 1989 c 271 s 118 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 under the age of twenty-one 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)) first violation by a person under the age of twenty-one 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)) second or subsequent violation by a person under the age of twenty-one 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.  RCW 69.41.065 and 1989 c 271 s 119 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 under the age of twenty-one 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)) first violation by a person under the age of twenty-one 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)) second or subsequent violation by a person under the age of twenty-one 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.  RCW 69.50.420 and 1989 c 271 s 120 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 under the age of twenty-one 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)) first violation by a person under the age of twenty-one 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)) second or subsequent violation by a person under the age of twenty-one 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.  RCW 69.52.070 and 1989 c 271 s 121 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 under the age of twenty-one 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)) first violation by a person under the age of twenty-one 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)) second or subsequent violation by a person under the age of twenty-one 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.

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