AN
ACT Relating to driving while under the influence of liquor or drugs; amending
RCW 10.05.090, 10.05.140, 46.20.3101, 46.20.380, 46.20.391, 46.20.394,
46.20.400, 46.20.720, 46.20.730, 46.20.740, 46.61.5055, and 46.61.5056;
reenacting and amending RCW 46.63.020; adding a new section to chapter 46.04
RCW; recodifying RCW 46.20.730; prescribing penalties; and providing an
effective date.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
10.05.090 and 1994 c 275 s 18 are each amended to read as follows:
If
a petitioner, who has been accepted for a deferred prosecution, fails or
neglects to carry out and fulfill any term or condition of the petitioner's
treatment plan or any term or condition imposed in connection with the
installation of an interlock or other device under RCW 46.20.720, the
facility, center, institution, or agency administering the treatment or the
entity administering the use of the device, shall immediately report such
breach to the court, the prosecutor, and the petitioner or petitioner's
attorney of record, together with its recommendation. The court upon receiving
such a report shall hold a hearing to determine whether the petitioner should
be removed from the deferred prosecution program. At the hearing, evidence
shall be taken of the petitioner's alleged failure to comply with the treatment
plan or device installation and the petitioner shall have the right to
present evidence on his or her own behalf. The court shall either order that
the petitioner continue on the treatment plan or be removed from deferred
prosecution. If removed from deferred prosecution, the court shall enter
judgment pursuant to RCW 10.05.020 and, if the charge for which the deferred
prosecution was granted was a misdemeanor or gross misdemeanor under Title 46
RCW, shall notify the department of licensing of the removal and entry of
judgment.
Sec.
2. RCW
10.05.140 and 1991 c 247 s 1 are each amended to read as follows:
As
a condition of granting a deferred prosecution petition, the court shall order
that the petitioner shall not operate a motor vehicle upon the public highways
without a valid operator's license and proof of liability insurance. The
amount of liability insurance shall be established by the court at not less
than that established by RCW 46.29.490. As a condition of granting a
deferred prosecution petition, the court may also order the installation of an
interlock or other device under RCW 46.20.720. As a condition of granting
a deferred prosecution petition, the court may order the petitioner to make
restitution and to pay costs as defined in RCW 10.01.160. The court may
terminate the deferred prosecution program upon violation of this section.
*Sec.
3.
RCW 46.20.3101 and 1995 c 332 s 3 are each amended to read as follows:
Pursuant
to RCW 46.20.308, the department shall suspend, revoke, or deny the arrested
person's license, permit, or privilege to drive as follows:
(1)
In the case of a person who has refused a test or tests:
(a)
For a first refusal within five years, where there has not been a previous
incident within five years that resulted in administrative action under this
section, revocation or denial for ((one year)) five hundred forty
days;
(b)
For a second ((or subsequent)) refusal within five years, or for a first
refusal where there has been one or more previous incidents within five years
that have resulted in administrative action under this section, revocation or
denial for ((two)) three years or until the person reaches age
twenty-one, whichever is longer. A revocation imposed under this subsection
(1)(b) shall run consecutively to the period of any suspension, revocation, or
denial imposed pursuant to a criminal conviction arising out of the same
incident;
(c)
For a third or subsequent refusal within five years, or for a second refusal
where there has been two or more previous incidents within five years that have
resulted in administrative action under this section, revocation or denial for
four years or until the person reaches age twenty-one, whichever is longer. A
revocation imposed under this subsection (1)(c) runs consecutively to the
period of any suspension, revocation, or denial imposed under a criminal
conviction arising out of the same incident.
(2)
In the case of an incident where a person has submitted to or been administered
a test or tests indicating that the alcohol concentration of the person's
breath or blood was 0.10 or more:
(a)
For a first incident within five years, where there has not been a previous
incident within five years that resulted in administrative action under this
section, placement in probationary status as provided in RCW 46.20.355;
(b)
For a second or subsequent incident within five years, revocation or denial for
two years.
(3)
In the case of an incident where a person under age twenty-one has submitted to
or been administered a test or tests indicating that the alcohol concentration
of the person's breath or blood was 0.02 or more:
(a)
For a first incident within five years, suspension or denial for ninety days;
(b)
For a second or subsequent incident within five years, revocation or denial for
one year or until the person reaches age twenty-one, whichever is longer.
(4)
Ninety days after revocation or denial under subsection (1)(a) or (2)(b) of
this section, or one year after revocation or denial under subsection (1)(b) or
(c) of this section, the person whose license or privilege has been revoked or
denied may apply to the department for issuance of a temporary restricted
license under RCW 46.20.391 with the requirement that the person have an
ignition interlock or other biological or technical device installed on his or
her vehicle and operate no other motor vehicle for the remainder of the term of
revocation or denial. A temporary restricted license granted as the result of
an application under this section extends through the period of any suspension,
revocation, or denial imposed under a criminal conviction arising out of the
same incident.
*Sec. 3 was vetoed. See message at end of chapter.
*Sec.
4.
RCW 46.20.380 and 1985 ex.s. c 1 s 6 are each amended to read as follows:
No
person may file an application for ((an occupational)) a temporary
restricted driver's license as provided in RCW 46.20.391 unless he or she
first pays to the director or other person authorized to accept applications
and fees for driver's licenses a fee of twenty-five dollars. The applicant
shall receive upon payment an official receipt for the payment of such fee.
All such fees shall be forwarded to the director who shall transmit such fees
to the state treasurer in the same manner as other driver's license fees.
*Sec. 4 was vetoed. See message at end of chapter.
*Sec.
5.
RCW 46.20.391 and 1995 c 332 s 12 are each amended to read as follows:
(1)
Any person licensed under this chapter who is convicted of an offense relating
to motor vehicles for which suspension or revocation of the driver's license is
mandatory, other than vehicular homicide or vehicular assault, or any person
authorized to apply under RCW 46.20.3101, may submit to the department an
application for ((an occupational)) a temporary restricted
driver's license. The department, upon receipt of the prescribed fee and upon
determining that the petitioner is ((engaged in an occupation or trade that
makes it essential that the petitioner operate a motor vehicle)) eligible
to receive the license under subsection (3) of this section, may issue ((an
occupational)) a temporary restricted driver's license and may set
definite restrictions as provided in RCW 46.20.394. No person may petition
for, and the department shall not issue, ((an occupational)) a
temporary restricted driver's license that is effective during the first:
(a)
Thirty days of any suspension ((or revocation)) imposed ((for a
violation of RCW 46.61.502 or 46.61.504)) under RCW 46.61.5055(1)(a);
(b)
Thirty days of a revocation imposed under RCW 46.61.5055(1)(b);
(c)
Ninety days of a revocation imposed under RCW 46.20.3101(1)(a) or (2)(b);
(d)
One year of a revocation imposed under RCW 46.61.5055 (2) or (3) or
46.20.3101(1) (b) or (c).
A
petitioner under (b), (c), or (d) of this subsection must also agree to have an
ignition interlock or other biological or technical device installed on his or
her vehicle and operate no other motor vehicle during the term of revocation.
A temporary restricted license issued after a suspension or revocation under
RCW 46.61.5055 or 46.20.3101 extends through the entire period of any
concurrent or consecutive suspensions or revocations that may be imposed as the
result of both administrative action and criminal conviction arising out of the
same incident.
(2)
A person aggrieved by the decision of the department on the application for ((an
occupational)) a temporary restricted driver's license may request a
hearing as provided by rule of the department.
(((2)))
(3) An applicant for ((an occupational)) a temporary
restricted driver's license is eligible to receive such license only if:
(a)
Within one year immediately preceding the date of the offense that gave rise to
the present conviction, the applicant has not committed any offense relating to
motor vehicles for which suspension or revocation of a driver's license is
mandatory; and
(b)
Within five years immediately preceding the date of the offense that gave rise
to the present conviction, the applicant has not committed ((any of the
following offenses: (i) Driving or being in actual physical control of a motor
vehicle while under the influence of intoxicating liquor; (ii))) vehicular
homicide under RCW 46.61.520((;)) or (((iii))) vehicular assault
under RCW 46.61.522; and
(c)
The applicant meets at least one of the following qualifying circumstances:
(i) Is engaged in an occupation or trade that makes it essential that he or
she operate a motor vehicle; (ii) is undergoing continuing health care or
providing continuing health care to another who is dependent upon the
applicant; (iii) is enrolled in an educational institution and pursuing a
course of study leading to a diploma, degree, or other certification of
successful educational completion; (iv) is undergoing substance abuse
treatment; or (v) is fulfilling court-ordered community service
responsibilities; and
(d)
The applicant files satisfactory proof of financial responsibility pursuant to
chapter 46.29 RCW.
(((3)))
(4) The director shall cancel ((an occupational)) a temporary
restricted driver's license upon receipt of notice that the holder thereof
has been convicted of operating a motor vehicle in violation of its
restrictions, or of an offense that pursuant to chapter 46.20 RCW would warrant
suspension or revocation of a regular driver's license. The cancellation is
effective as of the date of the conviction, and continues with the same force
and effect as any suspension or revocation under this title.
*Sec. 5 was vetoed. See message at end of chapter.
*Sec.
6.
RCW 46.20.394 and 1983 c 165 s 26 are each amended to read as follows:
In
issuing ((an occupational)) a temporary restricted driver's
license under RCW 46.20.391, the department shall describe the ((type of
occupation permitted)) qualifying circumstances and shall set forth
in detail the specific hours of the day during which the person may drive to
and from his ((place of work)) or her home, which may not exceed
twelve hours in any one day; the days of the week during which the license may
be used; and the general routes over which the person may travel. These
restrictions shall be prepared in written form by the department, which document
shall be carried in the vehicle at all times and presented to a law enforcement
officer under the same terms as the ((occupational)) temporary
restricted driver's license. Any violation of the restrictions constitutes
a violation of RCW 46.20.342 and subjects the person to all procedures and
penalties therefor.
*Sec. 6 was vetoed. See message at end of chapter.
*Sec.
7.
RCW 46.20.400 and 1967 c 32 s 33 are each amended to read as follows:
If
((an occupational)) a temporary restricted driver's license is
issued and is not revoked during the period for which issued the licensee may
obtain a new driver's license at the end of such period, but no new driver's ((permit
shall)) license may be issued to such person until he or she
surrenders his ((occupational)) or her temporary restricted
driver's license and his or her copy of the order and the director is
satisfied that he or she complies with all other provisions of law
relative to the issuance of a driver's license.
*Sec. 7 was vetoed. See message at end of chapter.
Sec.
8. RCW
46.20.720 and 1994 c 275 s 22 are each amended to read as follows:
The
court may order that after a period of suspension, revocation, or denial of
driving privileges, and for up to as long as the court has jurisdiction,
any person convicted of any offense involving the use, consumption, or
possession of alcohol while operating a motor vehicle ((to)) may
drive only a motor vehicle equipped with a functioning ignition interlock or
other biological or technical device((, and the restriction shall be for a
period of not less than six months)).
The
court shall establish a specific calibration setting at which the ignition
interlock or other biological or technical device will prevent the motor
vehicle from being started and the period of time that the person shall be
subject to the restriction.
For
purposes of this section, "convicted" means being found guilty of an
offense or being placed on a deferred prosecution program under chapter 10.05
RCW.
Sec.
9. RCW
46.20.730 and 1994 c 275 s 23 are each amended to read as follows:
((For
the purposes of RCW 46.20.720, 46.20.740, and 46.20.750,)) "Ignition
interlock device" means breath alcohol ((analyzed)) analyzing
ignition equipment, certified by the state ((commission on equipment)) patrol,
designed to prevent a motor vehicle from being operated by a person who has
consumed an alcoholic beverage, and "other biological or technical
device" means any device meeting the standards of the National Highway
Traffic Safety Administration or the state ((commission on equipment)) patrol,
designed to prevent the operation of a motor vehicle by a person who is
impaired by alcohol or drugs. The ((commission)) state patrol
shall by rule provide standards for the certification, installation, repair,
and removal of the devices.
Sec.
10. RCW
46.20.740 and 1994 c 275 s 24 are each amended to read as follows:
(1)
The department shall attach or imprint a notation on the driver's license of
any person restricted under RCW 46.20.720 stating that the person may operate
only a motor vehicle equipped with an ignition interlock or other biological or
technical device.
(2)
It is a misdemeanor for a person with such a notation on his or her driver's
license to operate a motor vehicle that is not so equipped.
Sec.
11. RCW
46.61.5055 and 1996 c 307 s 3 are each amended to read as follows:
(1)
A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who
has no prior offense within five years shall be punished as follows:
(a)
In the case of a person whose alcohol concentration was less than 0.15, or for
whom for reasons other than the person's refusal to take a test offered
pursuant to RCW 46.20.308 there is no test result indicating the person's
alcohol concentration:
(i)
By imprisonment for not less than one day nor more than one year. Twenty-four
consecutive hours of the imprisonment may not be suspended or deferred unless
the court finds that the imposition of this mandatory minimum sentence would
impose a substantial risk to the offender's physical or mental well-being.
Whenever the mandatory minimum sentence is suspended or deferred, the court
shall state in writing the reason for granting the suspension or deferral and
the facts upon which the suspension or deferral is based; and
(ii)
By a fine of not less than three hundred fifty dollars nor more than five
thousand dollars. Three hundred fifty dollars of the fine may not be suspended
or deferred unless the court finds the offender to be indigent; and
(iii)
By suspension of the offender's license or permit to drive, or suspension of
any nonresident privilege to drive, for a period of ninety days. The period of
license, permit, or privilege suspension may not be suspended. The court shall
notify the department of licensing of the conviction, and upon receiving
notification of the conviction the department shall suspend the offender's
license, permit, or privilege; or
(b)
In the case of a person whose alcohol concentration was at least 0.15, or for
whom by reason of the person's refusal to take a test offered pursuant to RCW
46.20.308 there is no test result indicating the person's alcohol
concentration:
(i)
By imprisonment for not less than two days nor more than one year. Two
consecutive days of the imprisonment may not be suspended or deferred unless
the court finds that the imposition of this mandatory minimum sentence would
impose a substantial risk to the offender's physical or mental well-being.
Whenever the mandatory minimum sentence is suspended or deferred, the court
shall state in writing the reason for granting the suspension or deferral and
the facts upon which the suspension or deferral is based; and
(ii)
By a fine of not less than five hundred dollars nor more than five thousand
dollars. Five hundred dollars of the fine may not be suspended or deferred
unless the court finds the offender to be indigent; and
(iii)
By ((suspension)) revocation of the offender's license or permit
to drive, or suspension of any nonresident privilege to drive, for a period of
one ((hundred twenty days)) year. The period of license, permit,
or privilege suspension may not be suspended. The court shall notify the
department of licensing of the conviction, and upon receiving notification of
the conviction the department shall suspend the offender's license, permit, or
privilege.
(2)
A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who
has one prior offense within five years shall be punished as follows:
(a)
In the case of a person whose alcohol concentration was less than 0.15, or for
whom for reasons other than the person's refusal to take a test offered
pursuant to RCW 46.20.308 there is no test result indicating the person's
alcohol concentration:
(i)
By imprisonment for not less than thirty days nor more than one year. Thirty
days of the imprisonment may not be suspended or deferred unless the court
finds that the imposition of this mandatory minimum sentence would impose a
substantial risk to the offender's physical or mental well-being. Whenever the
mandatory minimum sentence is suspended or deferred, the court shall state in
writing the reason for granting the suspension or deferral and the facts upon
which the suspension or deferral is based; and
(ii)
By a fine of not less than five hundred dollars nor more than five thousand
dollars. Five hundred dollars of the fine may not be suspended or deferred
unless the court finds the offender to be indigent; and
(iii)
By revocation of the offender's license or permit to drive, or suspension of
any nonresident privilege to drive, for a period of ((one)) two
years. The period of license, permit, or privilege revocation may not
be suspended. The court shall notify the department of licensing of the conviction,
and upon receiving notification of the conviction the department shall revoke
the offender's license, permit, or privilege; or
(b)
In the case of a person whose alcohol concentration was at least 0.15, or for
whom by reason of the person's refusal to take a test offered pursuant to RCW
46.20.308 there is no test result indicating the person's alcohol
concentration:
(i)
By imprisonment for not less than forty-five days nor more than one year.
Forty-five days of the imprisonment may not be suspended or deferred unless the
court finds that the imposition of this mandatory minimum sentence would impose
a substantial risk to the offender's physical or mental well-being. Whenever
the mandatory minimum sentence is suspended or deferred, the court shall state
in writing the reason for granting the suspension or deferral and the facts
upon which the suspension or deferral is based; and
(ii)
By a fine of not less than seven hundred fifty dollars nor more than five
thousand dollars. Seven hundred fifty dollars of the fine may not be suspended
or deferred unless the court finds the offender to be indigent; and
(iii)
By revocation of the offender's license or permit to drive, or suspension of
any nonresident privilege to drive, for a period of ((four hundred fifty))
nine hundred days. The period of license, permit, or privilege
revocation may not be suspended. The court shall notify the department of
licensing of the conviction, and upon receiving notification of the conviction
the department shall revoke the offender's license, permit, or privilege.
(3)
A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who
has two or more prior offenses within five years shall be punished as follows:
(a)
In the case of a person whose alcohol concentration was less than 0.15, or for
whom for reasons other than the person's refusal to take a test offered
pursuant to RCW 46.20.308 there is no test result indicating the person's
alcohol concentration:
(i)
By imprisonment for not less than ninety days nor more than one year. Ninety
days of the imprisonment may not be suspended or deferred unless the court
finds that the imposition of this mandatory minimum sentence would impose a
substantial risk to the offender's physical or mental well-being. Whenever the
mandatory minimum sentence is suspended or deferred, the court shall state in
writing the reason for granting the suspension or deferral and the facts upon
which the suspension or deferral is based; and
(ii)
By a fine of not less than one thousand dollars nor more than five thousand
dollars. One thousand dollars of the fine may not be suspended or deferred
unless the court finds the offender to be indigent; and
(iii)
By revocation of the offender's license or permit to drive, or suspension of
any nonresident privilege to drive, for a period of ((two)) three
years. The period of license, permit, or privilege revocation may not be
suspended. The court shall notify the department of licensing of the
conviction, and upon receiving notification of the conviction the department
shall revoke the offender's license, permit, or privilege; or
(b)
In the case of a person whose alcohol concentration was at least 0.15, or for
whom by reason of the person's refusal to take a test offered pursuant to RCW
46.20.308 there is no test result indicating the person's alcohol
concentration:
(i)
By imprisonment for not less than one hundred twenty days nor more than one
year. One hundred twenty days of the imprisonment may not be suspended or
deferred unless the court finds that the imposition of this mandatory minimum
sentence would impose a substantial risk to the offender's physical or mental
well-being. Whenever the mandatory minimum sentence is suspended or deferred,
the court shall state in writing the reason for granting the suspension or
deferral and the facts upon which the suspension or deferral is based; and
(ii)
By a fine of not less than one thousand five hundred dollars nor more than five
thousand dollars. One thousand five hundred dollars of the fine may not be
suspended or deferred unless the court finds the offender to be indigent; and
(iii)
By revocation of the offender's license or permit to drive, or suspension of
any nonresident privilege to drive, for a period of ((three)) four
years. The period of license, permit, or privilege revocation may not be
suspended. The court shall notify the department of licensing of the
conviction, and upon receiving notification of the conviction the department
shall revoke the offender's license, permit, or privilege.
(4)
In exercising its discretion in setting penalties within the limits allowed by
this section, the court shall particularly consider whether the person's
driving at the time of the offense was responsible for injury or damage to
another or another's property.
(5)
An offender punishable under this section is subject to the alcohol assessment
and treatment provisions of RCW 46.61.5056.
(6)
After expiration of any period of suspension or revocation of the offender's
license, permit, or privilege to drive required by this section, the department
shall place the offender's driving privilege in probationary status pursuant to
RCW 46.20.355.
(7)(a)
In addition to any nonsuspendable and nondeferrable jail sentence required by
this section, whenever the court imposes less than one year in jail, the court
shall also suspend but shall not defer a period of confinement for a period not
exceeding two years. The court shall impose conditions of probation that
include: (i) Not driving a motor vehicle within this state without a valid
license to drive and proof of financial responsibility for the future; (ii) not
driving a motor vehicle within this state while having an alcohol concentration
of 0.08 or more within two hours after driving; and (iii) not refusing to
submit to a test of his or her breath or blood to determine alcohol
concentration upon request of a law enforcement officer who has reasonable
grounds to believe the person was driving or was in actual physical control of
a motor vehicle within this state while under the influence of intoxicating
liquor. The court may impose conditions of probation that include
nonrepetition, installation of an ignition interlock or other biological or
technical device on the probationer's motor vehicle, alcohol or drug
treatment, supervised probation, or other conditions that may be appropriate.
The sentence may be imposed in whole or in part upon violation of a condition
of probation during the suspension period.
(b)
For each violation of mandatory conditions of probation under (a)(i) and (ii)
or (a)(i) and (iii) of this subsection, the court shall order the convicted
person to be confined for thirty days, which shall not be suspended or
deferred.
(c)
For each incident involving a violation of a mandatory condition of probation
imposed under this subsection, the license, permit, or privilege to drive of
the person shall be suspended by the court for thirty days or, if such license,
permit, or privilege to drive already is suspended, revoked, or denied at the
time the finding of probation violation is made, the suspension, revocation, or
denial then in effect shall be extended by thirty days. The court shall notify
the department of any suspension, revocation, or denial or any extension of a
suspension, revocation, or denial imposed under this subsection.
(8)(a)
A "prior offense" means any of the following:
(i)
A conviction for a violation of RCW 46.61.502 or an equivalent local ordinance;
(ii)
A conviction for a violation of RCW 46.61.504 or an equivalent local ordinance;
(iii)
A conviction for a violation of RCW 46.61.520 committed while under the
influence of intoxicating liquor or any drug;
(iv)
A conviction for a violation of RCW 46.61.522 committed while under the
influence of intoxicating liquor or any drug;
(v)
A conviction for a violation of RCW 46.61.525(1) or an equivalent local
ordinance, if the conviction is the result of a charge that was originally
filed as a violation of RCW 46.61.502 or 46.61.504, or an equivalent local
ordinance, or of RCW 46.61.520 or 46.61.522;
(vi)
An out-of-state conviction for a violation that would have been a violation of
(a)(i), (ii), (iii), (iv), or (v) of this subsection if committed in this state;
(vii)
A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a
violation of RCW 46.61.502, 46.61.504, or an equivalent local ordinance; or
(viii)
A deferred prosecution under chapter 10.05 RCW granted in a prosecution for a
violation of RCW 46.61.525(1), or an equivalent local ordinance, if the charge
under which the deferred prosecution was granted was originally filed as a
violation of RCW 46.61.502 or ((46.61.502)) 46.61.504, or an
equivalent local ordinance, or of RCW 46.61.520 or 46.61.522.
(b)
"Within five years" means that the arrest for a prior offense
occurred within five years of the arrest for the current offense.
*Sec.
12.
RCW 46.61.5056 and 1995 c 332 s 14 are each amended to read as follows:
(1)
A person subject to alcohol assessment and treatment under RCW 46.61.5055 shall
be required by the court to complete a course in an alcohol information school
approved by the department of social and health services or to complete more
intensive treatment in a program approved by the department of social and
health services, as determined by the court. The court shall notify the
department of licensing whenever it orders a person to complete a course or
treatment program under this section.
(2)
A diagnostic evaluation and treatment recommendation shall be prepared under
the direction of the court by an alcoholism agency approved by the department
of social and health services or a qualified probation department approved by
the department of social and health services. The agency shall consider and
make a recommendation concerning installation of an ignition interlock or other
biological or technical device on the offender's motor vehicle. A copy of
the report shall be forwarded to the department of licensing. Based on the
diagnostic evaluation, the court shall determine (a) whether the person
shall be required to complete a course in an alcohol information school
approved by the department of social and health services or more intensive
treatment in a program approved by the department of social and health services
and (b) whether the person must have an ignition interlock or other
biological or technical device installed on his or her vehicle.
(3)
Standards for approval for alcohol treatment programs shall be prescribed by
the department of social and health services. The department of social and
health services shall periodically review the costs of alcohol information
schools and treatment programs.
(4)
Any agency that provides treatment ordered under RCW 46.61.5055, shall
immediately report to the appropriate probation department where applicable,
otherwise to the court, and to the department of licensing any noncompliance by
a person with the conditions of his or her ordered treatment. The court shall
notify the department of licensing and the department of social and health
services of any failure by an agency to so report noncompliance. Any agency
with knowledge of noncompliance that fails to so report shall be fined two
hundred fifty dollars by the department of social and health services. Upon
three such failures by an agency within one year, the department of social and
health services shall revoke the agency's approval under this section.
(5)
The department of licensing and the department of social and health services
may adopt such rules as are necessary to carry out this section.
*Sec. 12 was vetoed. See message at end of chapter.
Sec.
13. RCW
46.63.020 and 1996 c 307 s 6, 1996 c 287 s 7, 1996 c 93 s 3, 1996 c 87 s 21,
and 1996 c 31 s 3 are each reenacted and amended to read as follows:
Failure
to perform any act required or the performance of any act prohibited by this
title or an equivalent administrative regulation or local law, ordinance,
regulation, or resolution relating to traffic including parking, standing,
stopping, and pedestrian offenses, is designated as a traffic infraction and
may not be classified as a criminal offense, except for an offense contained in
the following provisions of this title or a violation of an equivalent
administrative regulation or local law, ordinance, regulation, or resolution:
(1)
RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under
the influence of intoxicating liquor or a controlled substance;
(2)
RCW 46.09.130 relating to operation of nonhighway vehicles;
(3)
RCW 46.10.090(2) relating to the operation of a snowmobile while under the
influence of intoxicating liquor or narcotics or habit‑forming drugs or
in a manner endangering the person of another;
(4)
RCW 46.10.130 relating to the operation of snowmobiles;
(5)
Chapter 46.12 RCW relating to certificates of ownership and registration and
markings indicating that a vehicle has been destroyed or declared a total loss;
(6)
RCW 46.16.010 relating to initial registration of motor vehicles;
(7)
RCW 46.16.011 relating to permitting unauthorized persons to drive;
(8)
RCW 46.16.160 relating to vehicle trip permits;
(9)
RCW 46.16.381 (6) or (9) relating to unauthorized use or acquisition of a
special placard or license plate for disabled persons' parking;
(10)
RCW 46.20.021 relating to driving without a valid driver's license, unless the
person cited for the violation provided the citing officer with an expired
driver's license or other valid identifying documentation under RCW 46.20.035
at the time of the stop and was not in violation of RCW 46.20.342(1) or
46.20.420, in which case the violation is an infraction;
(11)
RCW 46.20.091 relating to false statements regarding a driver's license or
instruction permit;
(12)
RCW 46.20.336 relating to the unlawful possession and use of a driver's
license;
(13)
RCW 46.20.342 relating to driving with a suspended or revoked license or
status;
(14)
RCW 46.20.410 relating to the violation of restrictions of an occupational
driver's license;
(15)
RCW 46.20.420 relating to the operation of a motor vehicle with a suspended or
revoked license;
(16)
RCW 46.20.740 relating to operation of a motor vehicle without an ignition
interlock device in violation of a license notation that the device is
required;
(17)
RCW 46.20.750 relating to assisting another person to start a vehicle equipped
with an ignition interlock device;
(((17)))
(18) RCW 46.25.170 relating to commercial driver's licenses;
(((18)))
(19) Chapter 46.29 RCW relating to financial responsibility;
(((19)))
(20) RCW 46.30.040 relating to providing false evidence of financial
responsibility;
(((20)))
(21) RCW 46.37.435 relating to wrongful installation of sunscreening
material;
(((21)))
(22) RCW 46.44.180 relating to operation of mobile home pilot vehicles;
(((22)))
(23) RCW 46.48.175 relating to the transportation of dangerous articles;
(((23)))
(24) RCW 46.52.010 relating to duty on striking an unattended car or
other property;
(((24)))
(25) RCW 46.52.020 relating to duty in case of injury to or death of a
person or damage to an attended vehicle;
(((25)))
(26) RCW 46.52.090 relating to reports by repairmen, storagemen, and
appraisers;
(((26)))
(27) RCW 46.52.100 relating to driving under the influence of liquor or
drugs;
(((27)))
(28) RCW 46.52.130 relating to confidentiality of the driving record to
be furnished to an insurance company, an employer, and an alcohol/drug
assessment or treatment agency;
(((28)))
(29) RCW 46.55.020 relating to engaging in the activities of a
registered tow truck operator without a registration certificate;
(((29)))
(30) RCW 46.55.035 relating to prohibited practices by tow truck
operators;
(((30)))
(31) RCW 46.61.015 relating to obedience to police officers, flagmen, or
fire fighters;
(((31)))
(32) RCW 46.61.020 relating to refusal to give information to or
cooperate with an officer;
(((32)))
(33) (RCW 46.61.022 relating to failure to stop and give identification
to an officer;
(((33)))
(34) RCW 46.61.024 relating to attempting to elude pursuing police
vehicles;
(((34)))
(35) RCW 46.61.500 relating to reckless driving;
(((35)))
(36) RCW 46.61.502 and 46.61.504 relating to persons under the influence
of intoxicating liquor or drugs;
(((36)))
(37) RCW 46.61.503 relating to a person under age twenty-one driving a
motor vehicle after consuming alcohol;
(((37)))
(38) RCW 46.61.520 relating to vehicular homicide by motor vehicle;
(((38)))
(39) RCW 46.61.522 relating to vehicular assault;
(((39)))
(40) RCW 46.61.525(1) relating to first degree negligent driving;
(((40)))
(41) RCW 46.61.527(4) relating to reckless endangerment of roadway
workers;
(((41)))
(42) RCW 46.61.530 relating to racing of vehicles on highways;
(((42)))
(43) RCW 46.61.685 relating to leaving children in an unattended vehicle
with the motor running;
(((43)))
(44) RCW 46.64.010 relating to unlawful cancellation of or attempt to
cancel a traffic citation;
(((44)))
(45) RCW 46.64.048 relating to attempting, aiding, abetting, coercing,
and committing crimes;
(((45)))
(46) Chapter 46.65 RCW relating to habitual traffic offenders;
(((46)))
(47) RCW 46.68.010 relating to false statements made to obtain a refund;
(((47)))
(48) Chapter 46.70 RCW relating to unfair motor vehicle business
practices, except where that chapter provides for the assessment of monetary
penalties of a civil nature;
(((48)))
(49) Chapter 46.72 RCW relating to the transportation of passengers in
for hire vehicles;
(((49)))
(50) RCW 46.72A.060 relating to limousine carrier insurance;
(((50)))
(51) RCW 46.72A.070 relating to operation of a limousine without a
vehicle certificate;
(((51)))
(52) RCW 46.72A.080 relating to false advertising by a limousine
carrier;
(((52)))
(53) Chapter 46.80 RCW relating to motor vehicle wreckers;
(((53)))
(54) Chapter 46.82 RCW relating to driver's training schools;
(((54)))
(55) RCW 46.87.260 relating to alteration or forgery of a cab card,
letter of authority, or other temporary authority issued under chapter 46.87
RCW;
(((55)))
(56) RCW 46.87.290 relating to operation of an unregistered or
unlicensed vehicle under chapter 46.87 RCW.
NEW
SECTION. Sec. 14. RCW
46.20.730, as amended by this act, is recodified as a section in chapter 46.04
RCW.
NEW
SECTION. Sec. 15. This
act takes effect January 1, 1998.
