_______________________________________________
HOUSE
BILL 1567
_______________________________________________
AS
AMENDED BY THE SENATE
Passed
Legislature - 2001 Regular Session
State
of Washington 57th Legislature 2001 Regular Session
By
Read
first time 01/30/2001. Referred to Committee on Criminal Justice &
Corrections.
Increasing the penalty for intentional misuse of abstracts
of driving records.
AN
ACT Relating to penalties for the misuse of abstracts of driving records;
amending RCW 46.52.130; and prescribing penalties.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
46.52.130 and 1998 c 165 s 11 are each amended to read as follows:
A
certified abstract of the driving record shall be furnished only to the
individual named in the abstract, an employer or prospective employer or an
agent acting on behalf of an employer or prospective employer, the insurance
carrier that has insurance in effect covering the employer or a prospective
employer, the insurance carrier that has insurance in effect covering the named
individual, the insurance carrier to which the named individual has applied, an
alcohol/drug assessment or treatment agency approved by the department of
social and health services, to which the named individual has applied or been
assigned for evaluation or treatment, or city and county prosecuting
attorneys. City attorneys and county prosecuting attorneys may provide the
driving record to alcohol/drug assessment or treatment agencies approved by the
department of social and health services to which the named individual has
applied or been assigned for evaluation or treatment. The director, upon
proper request, shall furnish a certified abstract covering the period of not
more than the last three years to insurance companies. Upon proper request,
the director shall furnish a certified abstract covering a period of not more
than the last five years to state approved alcohol/drug assessment or treatment
agencies, except that the certified abstract shall also include records of
alcohol-related offenses as defined in RCW 46.01.260(2) covering a period of
not more than the last ten years. Upon proper request, a certified abstract of
the full driving record maintained by the department shall be furnished to a
city or county prosecuting attorney, to the individual named in the abstract or
to an employer or prospective employer or an agent acting on behalf of an
employer or prospective employer of the named individual. The abstract,
whenever possible, shall include an enumeration of motor vehicle accidents in
which the person was driving; the total number of vehicles involved; whether
the vehicles were legally parked or moving; whether the vehicles were occupied
at the time of the accident; whether the accident resulted in any fatality; any
reported convictions, forfeitures of bail, or findings that an infraction was
committed based upon a violation of any motor vehicle law; and the status of
the person's driving privilege in this state. The enumeration shall include
any reports of failure to appear in response to a traffic citation or failure
to respond to a notice of infraction served upon the named individual by an
arresting officer. Certified abstracts furnished to prosecutors and
alcohol/drug assessment or treatment agencies shall also indicate whether a
recorded violation is an alcohol-related offense as defined in RCW 46.01.260(2)
that was originally charged as one of the alcohol-related offenses designated
in RCW 46.01.260(2)(b)(i).
The
abstract provided to the insurance company shall exclude any information,
except that related to the commission of misdemeanors or felonies by the
individual, pertaining to law enforcement officers or fire fighters as defined
in RCW 41.26.030, or any officer of the Washington state patrol, while driving
official vehicles in the performance of occupational duty. The abstract
provided to the insurance company shall include convictions for RCW 46.61.5249
and 46.61.525 except that the abstract shall report them only as negligent
driving without reference to whether they are for first or second degree
negligent driving. The abstract provided to the insurance company shall
exclude any deferred prosecution under RCW 10.05.060, except that if a person
is removed from a deferred prosecution under RCW 10.05.090, the abstract shall
show the deferred prosecution as well as the removal.
The
director shall collect for each abstract the sum of four dollars and fifty
cents which shall be deposited in the highway safety fund.
Any
insurance company or its agent receiving the certified abstract shall use it
exclusively for its own underwriting purposes and shall not divulge any of the
information contained in it to a third party. No policy of insurance may be
canceled, nonrenewed, denied, or have the rate increased on the basis of such
information unless the policyholder was determined to be at fault. No
insurance company or its agent for underwriting purposes relating to the
operation of commercial motor vehicles may use any information contained in the
abstract relative to any person's operation of motor vehicles while not engaged
in such employment, nor may any insurance company or its agent for underwriting
purposes relating to the operation of noncommercial motor vehicles use any
information contained in the abstract relative to any person's operation of
commercial motor vehicles.
Any
employer or prospective employer or an agent acting on behalf of an employer or
prospective employer receiving the certified abstract shall use it exclusively
for his or her own purpose to determine whether the licensee should be
permitted to operate a commercial vehicle or school bus upon the public
highways of this state and shall not divulge any information contained in it to
a third party.
Any
alcohol/drug assessment or treatment agency approved by the department of
social and health services receiving the certified abstract shall use it
exclusively for the purpose of assisting its employees in making a
determination as to what level of treatment, if any, is appropriate. The
agency, or any of its employees, shall not divulge any information contained in
the abstract to a third party.
Release
of a certified abstract of the driving record of an employee or prospective
employee requires a statement signed by: (1) The employee or prospective
employee that authorizes the release of the record, and (2) the employer
attesting that the information is necessary to determine whether the licensee
should be employed to operate a commercial vehicle or school bus upon the public
highways of this state. If the employer or prospective employer authorizes an
agent to obtain this information on their behalf, this must be noted in the
statement.
Any
negligent violation of this section is a gross misdemeanor.
Any
intentional violation of this section is a class C felony.
Passed the House April 18, 2001.
Passed the Senate April 12, 2001.
Approved by the Governor May
14, 2001.
Filed
in Office of Secretary of State May 14, 2001.
