2829-S.E AMS JUD S4513.1

2829-S.E AMS JUD S4513.1

ESHB 2829 - S COMM AMD

By Committee on Judiciary

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 46.20 RCW to read as follows:

(1)(a) Any person who had his or her driving privileges revoked as a juvenile pursuant to RCW 46.20.265 and was not otherwise eligible to drive at the time of the initial revocation may apply for an occupational driver's license if he or she meets the following requirements:

(i) Has obtained a valid driver's instruction permit under subsection (2) of this section;

(ii) Is eighteen years of age or older;

(iii) Has completed a traffic safety education program approved and accredited by the office of the superintendent of public instruction or a course of instruction offered by a licensed driver training school as defined by RCW 46.82.280(1);

(iv) Has successfully passed a driver licensing examination that would otherwise qualify the applicant for a driver's license had he or she not been subject to the revocation;

(v) Pays the required fee for the driver's license examination;

(vi) Pays the occupational driver's license application fee pursuant to RCW 46.20.380;

(vii) 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;

(viii) Within seven years immediately preceding the date of the offense that gave rise to the present conviction or incident, the applicant has not committed any of the following offenses: (A) Driving or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor; (B) vehicular homicide under RCW 46.61.520; or (C) vehicular assault under RCW 46.61.522;

(ix)(A) Is engaged in an occupation, trade, apprenticeship, or on-the-job training that makes it essential that he or she operate a motor vehicle; or (B) is enrolled at a college, university, community college, technical college, vocational school, trade school, or private career school for a minimum of six credit hours that makes it essential that he or she operate a motor vehicle; and

(x) Files satisfactory proof of financial responsibility under chapter 46.29 RCW.

(b) The department, upon receipt of the prescribed fee and application and upon determining that the applicant is engaged in an occupation, trade, apprenticeship, or on-the-job training or is enrolled at a college, university, community college, technical college, vocational school, trade school, or private career school for a minimum of six credit hours that makes it essential that the applicant operate a motor vehicle, may issue an occupational 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 driver's license that is effective during the first thirty days of any suspension or revocation.

(c) An occupational driver's license issued to an applicant under this section shall be valid for the period of the suspension or revocation but not more than two years. An applicant may apply for the renewal of an occupational driver's license.

(2)(a) Any person who had his or her driving privileges revoked as a juvenile pursuant to RCW 46.20.265 and was not otherwise eligible to drive at the time of the initial revocation may apply for a driver's instruction permit if the applicant has passed all the parts of the examination other than the driving test, provided the information required by RCW 46.20.091, paid a five-dollar fee, and meets the following requirements:

(i) Is at least eighteen years of age;

(ii) Has submitted a proper application; and

(iii) Is enrolled in a traffic safety education program approved and accredited by the office of the superintendent of public instruction or a course of instruction offered by a licensed driver training school as defined by RCW 46.82.280(1).

(b) A person holding a driver's instruction permit may drive a motor vehicle, other than a motorcycle, upon the public highway if:

(i) The person has immediate possession of the permit; and

(ii) An approved instructor, or licensed driver with at least five years of driving experience, occupies a seat beside the driver.

(3) The director shall cancel an occupational 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 a separate offense that under this chapter 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.

(4) For the purposes of this section, if transportation to and from a place of employment or postsecondary education is essential, an occupational driver's license may be granted.

Sec. 2. RCW 46.20.265 and 1998 c 41 s 2 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 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((,)) after the date judgment was entered 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 after the date judgment was entered or until the juvenile 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 privilege to drive should be reinstated, the department shall immediately reinstate any driving privileges that have been revoked under this section if the minimum term of revocation as specified in RCW 13.40.265(1)(c), 66.44.365(3), 69.41.065(3), 69.50.420(3), 69.52.070(3), or similar ordinance has expired((~~, and subject to subsection (2)(c) of 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((~~, subject to subsection (2)(c) of this section~~)).

(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."

ESHB 2829 - S COMM AMD

By Committee on Judiciary

On page 1, line 1 of the title, after "privileges;" strike the remainder of the title and insert "amending RCW 46.20.265; and adding a new section to chapter 46.20 RCW."