E2SHB 3254 -
By Committee on Transportation
ADOPTED AND ENGROSSED 03/07/08
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 46.04 RCW
to read as follows:
"Ignition interlock driver's license" means a permit issued to a
person by the department that allows the person to operate a
noncommercial motor vehicle with an ignition interlock device while the
person's regular driver's license is suspended, revoked, or denied.
Sec. 2 RCW 46.20.308 and 2005 c 314 s 307 and 2005 c 269 s 1 are
each reenacted and amended to read as follows:
(1) Any person who operates a motor vehicle within this state is
deemed to have given consent, subject to the provisions of RCW
46.61.506, to a test or tests of his or her breath or blood for the
purpose of determining the alcohol concentration or presence of any
drug in his or her breath or blood if arrested for any offense where,
at the time of the arrest, the arresting officer has reasonable grounds
to believe the person had been driving or was in actual physical
control of a motor vehicle while under the influence of intoxicating
liquor or any drug or was in violation of RCW 46.61.503. Neither
consent nor this section precludes a police officer from obtaining a
search warrant for a person's breath or blood.
(2) The test or tests of breath shall be administered at the
direction of a law enforcement officer having reasonable grounds to
believe the person to have been driving or in actual physical control
of a motor vehicle within this state while under the influence of
intoxicating liquor or any drug or the person to have been driving or
in actual physical control of a motor vehicle while having alcohol in
a concentration in violation of RCW 46.61.503 in his or her system and
being under the age of twenty-one. However, in those instances where
the person is incapable due to physical injury, physical incapacity, or
other physical limitation, of providing a breath sample or where the
person is being treated in a hospital, clinic, doctor's office,
emergency medical vehicle, ambulance, or other similar facility or
where the officer has reasonable grounds to believe that the person is
under the influence of a drug, a blood test shall be administered by a
qualified person as provided in RCW 46.61.506(5). The officer shall
inform the person of his or her right to refuse the breath or blood
test, and of his or her right to have additional tests administered by
any qualified person of his or her choosing as provided in RCW
46.61.506. The officer shall warn the driver, in substantially the
following language, that:
(a) If the driver refuses to take the test, the driver's license,
permit, or privilege to drive will be revoked or denied for at least
one year; and
(b) If the driver refuses to take the test, the driver's refusal to
take the test may be used in a criminal trial; and
(c) If the driver submits to the test and the test is administered,
the driver's license, permit, or privilege to drive will be suspended,
revoked, or denied for at least ninety days if the driver is age
twenty-one or over and the test indicates the alcohol concentration of
the driver's breath or blood is 0.08 or more, or if the driver is under
age twenty-one and the test indicates the alcohol concentration of the
driver's breath or blood is 0.02 or more, or if the driver is under age
twenty-one and the driver is in violation of RCW 46.61.502 or
46.61.504; and
(d) If the driver's license, permit, or privilege to drive is
suspended, revoked, or denied the driver may be eligible to immediately
apply for an ignition interlock driver's license.
(3) Except as provided in this section, the test administered shall
be of the breath only. If an individual is unconscious or is under
arrest for the crime of vehicular homicide as provided in RCW 46.61.520
or vehicular assault as provided in RCW 46.61.522, or if an individual
is under arrest for the crime of driving while under the influence of
intoxicating liquor or drugs as provided in RCW 46.61.502, which arrest
results from an accident in which there has been serious bodily injury
to another person, a breath or blood test may be administered without
the consent of the individual so arrested.
(4) Any person who is dead, unconscious, or who is otherwise in a
condition rendering him or her incapable of refusal, shall be deemed
not to have withdrawn the consent provided by subsection (1) of this
section and the test or tests may be administered, subject to the
provisions of RCW 46.61.506, and the person shall be deemed to have
received the warnings required under subsection (2) of this section.
(5) If, following his or her arrest and receipt of warnings under
subsection (2) of this section, the person arrested refuses upon the
request of a law enforcement officer to submit to a test or tests of
his or her breath or blood, no test shall be given except as authorized
under subsection (3) or (4) of this section.
(6) If, after arrest and after the other applicable conditions and
requirements of this section have been satisfied, a test or tests of
the person's blood or breath is administered and the test results
indicate that the alcohol concentration of the person's breath or blood
is 0.08 or more if the person is age twenty-one or over, or 0.02 or
more if the person is under the age of twenty-one, or the person
refuses to submit to a test, the arresting officer or other law
enforcement officer at whose direction any test has been given, or the
department, where applicable, if the arrest results in a test of the
person's blood, shall:
(a) Serve notice in writing on the person on behalf of the
department of its intention to suspend, revoke, or deny the person's
license, permit, or privilege to drive as required by subsection (7) of
this section;
(b) Serve notice in writing on the person on behalf of the
department of his or her right to a hearing, specifying the steps he or
she must take to obtain a hearing as provided by subsection (8) of this
section and that the person waives the right to a hearing if he or she
receives an ignition interlock driver's license;
(c) Mark the person's Washington state driver's license or permit
to drive, if any, in a manner authorized by the department;
(d) Serve notice in writing that the marked license or permit, if
any, is a temporary license that is valid for sixty days from the date
of arrest or from the date notice has been given in the event notice is
given by the department following a blood test, or until the
suspension, revocation, or denial of the person's license, permit, or
privilege to drive is sustained at a hearing pursuant to subsection (8)
of this section, whichever occurs first. No temporary license is valid
to any greater degree than the license or permit that it replaces; and
(e) Immediately notify the department of the arrest and transmit to
the department within seventy-two hours, except as delayed as the
result of a blood test, a sworn report or report under a declaration
authorized by RCW 9A.72.085 that states:
(i) That the officer had reasonable grounds to believe the arrested
person had been driving or was in actual physical control of a motor
vehicle within this state while under the influence of intoxicating
liquor or drugs, or both, or was under the age of twenty-one years and
had been driving or was in actual physical control of a motor vehicle
while having an alcohol concentration in violation of RCW 46.61.503;
(ii) That after receipt of the warnings required by subsection (2)
of this section the person refused to submit to a test of his or her
blood or breath, or a test was administered and the results indicated
that the alcohol concentration of the person's breath or blood was 0.08
or more if the person is age twenty-one or over, or was 0.02 or more if
the person is under the age of twenty-one; and
(iii) Any other information that the director may require by rule.
(7) The department of licensing, upon the receipt of a sworn report
or report under a declaration authorized by RCW 9A.72.085 under
subsection (6)(e) of this section, shall suspend, revoke, or deny the
person's license, permit, or privilege to drive or any nonresident
operating privilege, as provided in RCW 46.20.3101, such suspension,
revocation, or denial to be effective beginning sixty days from the
date of arrest or from the date notice has been given in the event
notice is given by the department following a blood test, or when
sustained at a hearing pursuant to subsection (8) of this section,
whichever occurs first.
(8) A person receiving notification under subsection (6)(b) of this
section may, within ((thirty)) twenty days after the notice has been
given, request in writing a formal hearing before the department. The
person shall pay a fee of two hundred dollars as part of the request.
If the request is mailed, it must be postmarked within ((thirty))
twenty days after receipt of the notification. Upon timely receipt of
such a request for a formal hearing, including receipt of the required
two hundred dollar fee, the department shall afford the person an
opportunity for a hearing. The department may waive the required two
hundred dollar fee if the person is an indigent as defined in RCW
10.101.010. Except as otherwise provided in this section, the hearing
is subject to and shall be scheduled and conducted in accordance with
RCW 46.20.329 and 46.20.332. The hearing shall be conducted in the
county of the arrest, except that all or part of the hearing may, at
the discretion of the department, be conducted by telephone or other
electronic means. The hearing shall be held within sixty days
following the arrest or following the date notice has been given in the
event notice is given by the department following a blood test, unless
otherwise agreed to by the department and the person, in which case the
action by the department shall be stayed, and any valid temporary
license marked under subsection (6)(c) of this section extended, if the
person is otherwise eligible for licensing. For the purposes of this
section, the scope of the hearing shall cover the issues of whether a
law enforcement officer had reasonable grounds to believe the person
had been driving or was in actual physical control of a motor vehicle
within this state while under the influence of intoxicating liquor or
any drug or had been driving or was in actual physical control of a
motor vehicle within this state while having alcohol in his or her
system in a concentration of 0.02 or more if the person was under the
age of twenty-one, whether the person was placed under arrest, and (a)
whether the person refused to submit to the test or tests upon request
of the officer after having been informed that such refusal would
result in the revocation of the person's license, permit, or privilege
to drive, or (b) if a test or tests were administered, whether the
applicable requirements of this section were satisfied before the
administration of the test or tests, whether the person submitted to
the test or tests, or whether a test was administered without express
consent as permitted under this section, and whether the test or tests
indicated that the alcohol concentration of the person's breath or
blood was 0.08 or more if the person was age twenty-one or over at the
time of the arrest, or 0.02 or more if the person was under the age of
twenty-one at the time of the arrest. The sworn report or report under
a declaration authorized by RCW 9A.72.085 submitted by a law
enforcement officer is prima facie evidence that the officer had
reasonable grounds to believe the person had been driving or was in
actual physical control of a motor vehicle within this state while
under the influence of intoxicating liquor or drugs, or both, or the
person had been driving or was in actual physical control of a motor
vehicle within this state while having alcohol in his or her system in
a concentration of 0.02 or more and was under the age of twenty-one and
that the officer complied with the requirements of this section.
A hearing officer shall conduct the hearing, may issue subpoenas
for the attendance of witnesses and the production of documents, and
shall administer oaths to witnesses. The hearing officer shall not
issue a subpoena for the attendance of a witness at the request of the
person unless the request is accompanied by the fee required by RCW
5.56.010 for a witness in district court. The sworn report or report
under a declaration authorized by RCW 9A.72.085 of the law enforcement
officer and any other evidence accompanying the report shall be
admissible without further evidentiary foundation and the
certifications authorized by the criminal rules for courts of limited
jurisdiction shall be admissible without further evidentiary
foundation. The person may be represented by counsel, may question
witnesses, may present evidence, and may testify. The department shall
order that the suspension, revocation, or denial either be rescinded or
sustained.
(9) If the suspension, revocation, or denial is sustained after
such a hearing, the person whose license, privilege, or permit is
suspended, revoked, or denied has the right to file a petition in the
superior court of the county of arrest to review the final order of
revocation by the department in the same manner as an appeal from a
decision of a court of limited jurisdiction. Notice of appeal must be
filed within thirty days after the date the final order is served or
the right to appeal is waived. Notwithstanding RCW 46.20.334, RALJ
1.1, or other statutes or rules referencing de novo review, the appeal
shall be limited to a review of the record of the administrative
hearing. The appellant must pay the costs associated with obtaining
the record of the hearing before the hearing officer. The filing of
the appeal does not stay the effective date of the suspension,
revocation, or denial. A petition filed under this subsection must
include the petitioner's grounds for requesting review. Upon granting
petitioner's request for review, the court shall review the
department's final order of suspension, revocation, or denial as
expeditiously as possible. The review must be limited to a
determination of whether the department has committed any errors of
law. The superior court shall accept those factual determinations
supported by substantial evidence in the record: (a) That were
expressly made by the department; or (b) that may reasonably be
inferred from the final order of the department. The superior court
may reverse, affirm, or modify the decision of the department or remand
the case back to the department for further proceedings. The decision
of the superior court must be in writing and filed in the clerk's
office with the other papers in the case. The court shall state the
reasons for the decision. If judicial relief is sought for a stay or
other temporary remedy from the department's action, the court shall
not grant such relief unless the court finds that the appellant is
likely to prevail in the appeal and that without a stay the appellant
will suffer irreparable injury. If the court stays the suspension,
revocation, or denial it may impose conditions on such stay.
(10)(a) If a person whose driver's license, permit, or privilege to
drive has been or will be suspended, revoked, or denied under
subsection (7) of this section, other than as a result of a breath or
blood test refusal, and who has not committed an offense for which he
or she was granted a deferred prosecution under chapter 10.05 RCW,
petitions a court for a deferred prosecution on criminal charges
arising out of the arrest for which action has been or will be taken
under subsection (7) of this section, or notifies the department of
licensing of the intent to seek such a deferred prosecution, then the
license suspension or revocation shall be stayed pending entry of the
deferred prosecution. The stay shall not be longer than one hundred
fifty days after the date charges are filed, or two years after the
date of the arrest, whichever time period is shorter. If the court
stays the suspension, revocation, or denial, it may impose conditions
on such stay. If the person is otherwise eligible for licensing, the
department shall issue a temporary license, or extend any valid
temporary license marked under subsection (6) of this section, for the
period of the stay. If a deferred prosecution treatment plan is not
recommended in the report made under RCW 10.05.050, or if treatment is
rejected by the court, or if the person declines to accept an offered
treatment plan, or if the person violates any condition imposed by the
court, then the court shall immediately direct the department to cancel
the stay and any temporary marked license or extension of a temporary
license issued under this subsection.
(b) A suspension, revocation, or denial imposed under this section,
other than as a result of a breath or blood test refusal, shall be
stayed if the person is accepted for deferred prosecution as provided
in chapter 10.05 RCW for the incident upon which the suspension,
revocation, or denial is based. If the deferred prosecution is
terminated, the stay shall be lifted and the suspension, revocation, or
denial reinstated. If the deferred prosecution is completed, the stay
shall be lifted and the suspension, revocation, or denial canceled.
(c) The provisions of (b) of this subsection relating to a stay of
a suspension, revocation, or denial and the cancellation of any
suspension, revocation, or denial do not apply to the suspension,
revocation, denial, or disqualification of a person's commercial
driver's license or privilege to operate a commercial motor vehicle.
(11) When it has been finally determined under the procedures of
this section that a nonresident's privilege to operate a motor vehicle
in this state has been suspended, revoked, or denied, the department
shall give information in writing of the action taken to the motor
vehicle administrator of the state of the person's residence and of any
state in which he or she has a license.
NEW SECTION. Sec. 3 A new section is added to chapter 46.68 RCW
to read as follows:
The ignition interlock device revolving account is created in the
state treasury. All receipts from the fee assessed under section 9(6)
of this act must be deposited into the account. Moneys in the account
may be spent only after appropriation. Expenditures from the account
may be used only for administering and operating the ignition interlock
device revolving account program.
Sec. 4 RCW 46.20.342 and 2004 c 95 s 5 are each amended to read
as follows:
(1) It is unlawful for any person to drive a motor vehicle in this
state while that person is in a suspended or revoked status or when his
or her privilege to drive is suspended or revoked in this or any other
state. Any person who has a valid Washington driver's license is not
guilty of a violation of this section.
(a) A person found to be an habitual offender under chapter 46.65
RCW, who violates this section while an order of revocation issued
under chapter 46.65 RCW prohibiting such operation is in effect, is
guilty of driving while license suspended or revoked in the first
degree, a gross misdemeanor. Upon the first such conviction, the
person shall be punished by imprisonment for not less than ten days.
Upon the second conviction, the person shall be punished by
imprisonment for not less than ninety days. Upon the third or
subsequent conviction, the person shall be punished by imprisonment for
not less than one hundred eighty days. If the person is also convicted
of the offense defined in RCW 46.61.502 or 46.61.504, when both
convictions arise from the same event, the minimum sentence of
confinement shall be not less than ninety days. The minimum sentence
of confinement required shall not be suspended or deferred. A
conviction under this subsection does not prevent a person from
petitioning for reinstatement as provided by RCW 46.65.080.
(b) A person who violates this section while an order of suspension
or revocation prohibiting such operation is in effect and while the
person is not eligible to reinstate his or her driver's license or
driving privilege, other than for a suspension for the reasons
described in (c) of this subsection, is guilty of driving while license
suspended or revoked in the second degree, a gross misdemeanor. This
subsection applies when a person's driver's license or driving
privilege has been suspended or revoked by reason of:
(i) A conviction of a felony in the commission of which a motor
vehicle was used;
(ii) A previous conviction under this section;
(iii) A notice received by the department from a court or diversion
unit as provided by RCW 46.20.265, relating to a minor who has
committed, or who has entered a diversion unit concerning an offense
relating to alcohol, legend drugs, controlled substances, or imitation
controlled substances;
(iv) A conviction of RCW 46.20.410, relating to the violation of
restrictions of an occupational ((or)) driver's license, a temporary
restricted driver's license, or an ignition interlock driver's license;
(v) A conviction of RCW 46.20.345, relating to the operation of a
motor vehicle with a suspended or revoked license;
(vi) A conviction of RCW 46.52.020, relating to duty in case of
injury to or death of a person or damage to an attended vehicle;
(vii) A conviction of RCW 46.61.024, relating to attempting to
elude pursuing police vehicles;
(viii) A conviction of RCW 46.61.500, relating to reckless driving;
(ix) A conviction of RCW 46.61.502 or 46.61.504, relating to a
person under the influence of intoxicating liquor or drugs;
(x) A conviction of RCW 46.61.520, relating to vehicular homicide;
(xi) A conviction of RCW 46.61.522, relating to vehicular assault;
(xii) A conviction of RCW 46.61.527(4), relating to reckless
endangerment of roadway workers;
(xiii) A conviction of RCW 46.61.530, relating to racing of
vehicles on highways;
(xiv) A conviction of RCW 46.61.685, relating to leaving children
in an unattended vehicle with motor running;
(xv) A conviction of RCW 46.61.740, relating to theft of motor
vehicle fuel;
(xvi) A conviction of RCW 46.64.048, relating to attempting,
aiding, abetting, coercing, and committing crimes;
(xvii) An administrative action taken by the department under
chapter 46.20 RCW; or
(xviii) A conviction of a local law, ordinance, regulation, or
resolution of a political subdivision of this state, the federal
government, or any other state, of an offense substantially similar to
a violation included in this subsection.
(c) A person who violates this section when his or her driver's
license or driving privilege is, at the time of the violation,
suspended or revoked solely because (i) the person must furnish proof
of satisfactory progress in a required alcoholism or drug treatment
program, (ii) the person must furnish proof of financial responsibility
for the future as provided by chapter 46.29 RCW, (iii) the person has
failed to comply with the provisions of chapter 46.29 RCW relating to
uninsured accidents, (iv) the person has failed to respond to a notice
of traffic infraction, failed to appear at a requested hearing,
violated a written promise to appear in court, or has failed to comply
with the terms of a notice of traffic infraction or citation, as
provided in RCW 46.20.289, (v) the person has committed an offense in
another state that, if committed in this state, would not be grounds
for the suspension or revocation of the person's driver's license, (vi)
the person has been suspended or revoked by reason of one or more of
the items listed in (b) of this subsection, but was eligible to
reinstate his or her driver's license or driving privilege at the time
of the violation, or (vii) the person has received traffic citations or
notices of traffic infraction that have resulted in a suspension under
RCW 46.20.267 relating to intermediate drivers' licenses, or any
combination of (i) through (vii), is guilty of driving while license
suspended or revoked in the third degree, a misdemeanor.
(2) Upon receiving a record of conviction of any person or upon
receiving an order by any juvenile court or any duly authorized court
officer of the conviction of any juvenile under this section, the
department shall:
(a) For a conviction of driving while suspended or revoked in the
first degree, as provided by subsection (1)(a) of this section, extend
the period of administrative revocation imposed under chapter 46.65 RCW
for an additional period of one year from and after the date the person
would otherwise have been entitled to apply for a new license or have
his or her driving privilege restored; or
(b) For a conviction of driving while suspended or revoked in the
second degree, as provided by subsection (1)(b) of this section, not
issue a new license or restore the driving privilege for an additional
period of one year from and after the date the person would otherwise
have been entitled to apply for a new license or have his or her
driving privilege restored; or
(c) Not extend the period of suspension or revocation if the
conviction was under subsection (1)(c) of this section. If the
conviction was under subsection (1)(a) or (b) of this section and the
court recommends against the extension and the convicted person has
obtained a valid driver's license, the period of suspension or
revocation shall not be extended.
Sec. 5 RCW 46.20.380 and 2004 c 95 s 6 are each amended to read
as follows:
No person may file an application for an occupational ((or))
driver's license, a temporary restricted driver's license, or an
ignition interlock driver's license as provided in RCW 46.20.391 and
section 9 of this act 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 one hundred 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. 6 RCW 46.20.391 and 2004 c 95 s 7 are each amended to read
as follows:
(1)(((a))) 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 who has had his or her license
suspended, revoked, or denied under RCW 46.20.3101)) driving while
under the influence of intoxicating liquor or any drug, or being in
actual physical control of a motor vehicle while under the influence of
intoxicating liquor or any drug, may submit to the department an
application for a temporary restricted driver's license. The
department, upon receipt of the prescribed fee and upon determining
that the petitioner is eligible to receive the license, may issue 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, a temporary restricted driver's license
that is effective during the first thirty days of any suspension or
revocation imposed for a violation of RCW 46.61.502 or 46.61.504 or,
for a suspension, revocation, or denial imposed under RCW 46.20.3101,
during the required minimum portion of the periods of suspension,
revocation, or denial established under (c) of this subsection.))
(b) An applicant under this subsection whose driver's license is
suspended or revoked for an alcohol-related offense shall provide proof
to the satisfaction of the department that a functioning ignition
interlock device has been installed on a vehicle owned or operated by
the person.
(i) The department shall require the person to maintain such a
device on a vehicle owned or operated by the person and shall restrict
the person to operating only vehicles equipped with such a device, for
the remainder of the period of suspension, revocation, or denial.
(ii) Subject to any periodic renewal requirements established by
the department pursuant to this section and subject to any applicable
compliance requirements under this chapter or other law, a temporary
restricted driver's license granted after a suspension or revocation
under RCW 46.61.5055 or 46.20.3101 extends through the remaining
portion of any concurrent or consecutive suspension or revocation that
may be imposed as the result of administrative action and criminal
conviction arising out of the same incident.
(iii) The time period during which the person is licensed under
this section shall apply on a day-for-day basis toward satisfying the
period of time the ignition interlock device restriction is required
under RCW 46.20.720 (1) and (2) (a), (b), and (c).
(c) The department shall provide by rule the minimum portions of
the periods of suspension, revocation, or denial set forth in RCW
46.20.3101 after which a person may apply for a temporary restricted
driver's license under this section. In establishing the minimum
portions of the periods of suspension, revocation, or denial, the
department shall consider the requirements of federal law regarding
state eligibility for grants or other funding, and shall establish such
periods so as to ensure that the state will maintain its eligibility,
or establish eligibility, to obtain incentive grants or any other
federal funding.
(2)(a) A person licensed under this chapter whose driver's license
is suspended administratively due to failure to appear or pay a traffic
ticket under RCW 46.20.289; a violation of the financial responsibility
laws under chapter 46.29 RCW; or for multiple violations within a
specified period of time under RCW 46.20.291, may apply to the
department for an occupational driver's license.
(b) If the suspension is for failure to respond, pay, or comply
with a notice of traffic infraction or conviction, the applicant must
enter into a payment plan with the court.
(c) An occupational driver's license issued to an applicant
described in (a) of this subsection shall be valid for the period of
the suspension or revocation.
(3) An applicant for an occupational or temporary restricted
driver's license who qualifies under subsection (1) or (2) of this
section is eligible to receive such license only if:
(a) Within seven years immediately preceding the date of the
offense that gave rise to the present conviction or incident, the
applicant has not committed vehicular homicide under RCW 46.61.520 or
vehicular assault under RCW 46.61.522; and
(b) The applicant demonstrates that it is necessary for him or her
to operate a motor vehicle because he or she:
(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
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 is participating in
meetings of a twelve-step group such as Alcoholics Anonymous that
requires the petitioner to drive to or from the treatment or meetings;
(v) Is fulfilling court-ordered community service responsibilities;
(vi) Is in a program that assists persons who are enrolled in a
WorkFirst program pursuant to chapter 74.08A RCW to become gainfully
employed and the program requires a driver's license;
(vii) Is in an apprenticeship, on-the-job training, or welfare-to-work program; or
(viii) Presents evidence that he or she has applied for a position
in an apprenticeship or on-the-job training program for which a
driver's license is required to begin the program, provided that a
license granted under this provision shall be in effect for no longer
than fourteen days; and
(c) The applicant files satisfactory proof of financial
responsibility under chapter 46.29 RCW; and
(d) Upon receipt of evidence that a holder of an occupational
driver's license granted under this subsection is no longer enrolled in
an apprenticeship or on-the-job training program, the director shall
give written notice by first-class mail to the driver that the
occupational driver's license shall be canceled. The effective date of
cancellation shall be fifteen days from the date of mailing the notice.
If at any time before the cancellation goes into effect the driver
submits evidence of continued enrollment in the program, the
cancellation shall be stayed. If the cancellation becomes effective,
the driver may obtain, at no additional charge, a new occupational
driver's license upon submittal of evidence of enrollment in another
program that meets the criteria set forth in this subsection; and
(e) The department shall not issue an occupational driver's license
under (b)(iv) of this subsection if the applicant is able to receive
transit services sufficient to allow for the applicant's participation
in the programs referenced under (b)(iv) of this subsection.
(4) A person aggrieved by the decision of the department on the
application for an occupational or temporary restricted driver's
license may request a hearing as provided by rule of the department.
(5) The director shall cancel an occupational or 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 a separate offense that under 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. 7 RCW 46.20.400 and 2004 c 95 s 9 are each amended to read
as follows:
If an occupational ((or)) driver's license, a temporary restricted
driver's license, or an ignition interlock 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 license may be issued to such person until he or she
surrenders his or her occupational ((or)) driver's license, temporary
restricted driver's license, or ignition interlock driver's license and
his or her copy of the order, and the director is satisfied that the
person complies with all other provisions of law relative to the
issuance of a driver's license.
Sec. 8 RCW 46.20.410 and 2004 c 95 s 10 are each amended to read
as follows:
Any person convicted for violation of any restriction of an
occupational ((or)) driver's license, a temporary restricted driver's
license, or an ignition interlock driver's license shall in addition to
the immediate revocation of such license and any other penalties
provided by law be fined not less than fifty nor more than two hundred
dollars or imprisoned for not more than six months or both such fine
and imprisonment.
NEW SECTION. Sec. 9 A new section is added to chapter 46.20 RCW
to read as follows:
(1)(a) Beginning January 1, 2009, any person licensed under this
chapter who is convicted of any offense involving the use, consumption,
or possession of alcohol while operating a motor vehicle in violation
of RCW 46.61.502 or 46.61.504, other than vehicular homicide or
vehicular assault, or who has had or will have his or her license
suspended, revoked, or denied under RCW 46.20.3101, may submit to the
department an application for an ignition interlock driver's license.
The department, upon receipt of the prescribed fee and upon determining
that the petitioner is eligible to receive the license, may issue an
ignition interlock driver's license.
(b) A person may apply for an ignition interlock driver's license
anytime, including immediately after receiving the notices under RCW
46.20.308 or after his or her license is suspended, revoked, or denied.
A person receiving an ignition interlock driver's license waives his or
her right to a hearing or appeal under RCW 46.20.308.
(c) An applicant under this subsection shall provide proof to the
satisfaction of the department that a functioning ignition interlock
device has been installed on all vehicles operated by the person.
(i) The department shall require the person to maintain the device
on all vehicles operated by the person and shall restrict the person to
operating only vehicles equipped with the device, for the remainder of
the period of suspension, revocation, or denial. The installation of
an ignition interlock device is not necessary on vehicles owned by a
person's employer and driven as a requirement of employment during
working hours. The person must provide the department with a
declaration pursuant to RCW 9A.72.085 from his or her employer stating
that the person's employment requires the person to operate a vehicle
owned by the employer during working hours.
(ii) Subject to any periodic renewal requirements established by
the department under this section and subject to any applicable
compliance requirements under this chapter or other law, an ignition
interlock driver's license granted upon a suspension or revocation
under RCW 46.61.5055 or 46.20.3101 extends through the remaining
portion of any concurrent or consecutive suspension or revocation that
may be imposed as the result of administrative action and criminal
conviction arising out of the same incident.
(iii) The time period during which the person is licensed under
this section shall apply on a day-for-day basis toward satisfying the
period of time the ignition interlock device restriction is required
under RCW 46.20.720 and 46.61.5055.
(2) An applicant for an ignition interlock driver's license who
qualifies under subsection (1) of this section is eligible to receive
a license only if:
(a) Within seven years immediately preceding the date of the
offense that gave rise to the present conviction or incident, the
applicant has not committed vehicular homicide under RCW 46.61.520 or
vehicular assault under RCW 46.61.522; and
(b) The applicant files satisfactory proof of financial
responsibility under chapter 46.29 RCW.
(3) Upon receipt of evidence that a holder of an ignition interlock
driver's license granted under this subsection no longer has a
functioning ignition interlock device installed on all vehicles
operated by the driver, the director shall give written notice by
first-class mail to the driver that the ignition interlock driver's
license shall be canceled. The effective date of cancellation shall be
fifteen days from the date of mailing the notice. If at any time
before the cancellation goes into effect the driver submits evidence
that a functioning ignition interlock device has been installed on all
vehicles operated by the driver, the cancellation shall be stayed. If
the cancellation becomes effective, the driver may obtain, at no
additional charge, a new ignition interlock driver's license upon
submittal of evidence that a functioning ignition interlock device has
been installed on all vehicles operated by the driver.
(4) A person aggrieved by the decision of the department on the
application for an ignition interlock driver's license may request a
hearing as provided by rule of the department.
(5) The director shall cancel an ignition interlock 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.
(6)(a) Unless costs are waived by the ignition interlock company or
the person is indigent under RCW 10.101.010, the applicant shall pay
the cost of installing, removing, and leasing the ignition interlock
device and shall pay an additional fee of twenty dollars per month.
Payments shall be made directly to the ignition interlock company. The
company shall remit the additional twenty-dollar fee to the department.
(b) The department shall deposit the proceeds of the twenty-dollar
fee into the ignition interlock device revolving account. Expenditures
from the account may be used only to administer and operate the
ignition interlock device revolving account program. The department
shall adopt rules to provide monetary assistance according to greatest
need and when funds are available.
(7) The department shall adopt rules to implement ignition
interlock licensing. The department shall consult with the
administrative office of the courts, the state patrol, the Washington
association of sheriffs and police chiefs, ignition interlock
companies, and any other organization or entity the department deems
appropriate.
NEW SECTION. Sec. 10 A new section is added to chapter 46.20 RCW
to read as follows:
(1) The ignition interlock device revolving account program is
created within the department to assist in covering the monetary costs
of installing, removing, and leasing an ignition interlock device, and
applicable licensing, for indigent persons who are required under
section 9 of this act and RCW 46.61.5055 to install an ignition
interlock device in all vehicles owned or operated by the person. For
purposes of this subsection, "indigent" has the same meaning as in RCW
10.101.010, as determined by the department.
(2) A pilot program is created within the ignition interlock device
revolving account program for the purpose of monitoring compliance by
persons required to use ignition interlock devices and by ignition
interlock companies and vendors.
(3) The department, the state patrol, and the Washington traffic
safety commission shall coordinate to establish a compliance pilot
program that will target at least one county from eastern Washington
and one county from western Washington, as determined by the
department, state patrol, and Washington traffic safety commission.
(4) At a minimum, the compliance pilot program shall:
(a) Review the number of ignition interlock devices that are
required to be installed in the targeted county and the number of
ignition interlock devices actually installed;
(b) Work to identify those persons who are not complying with
ignition interlock requirements or are repeatedly violating ignition
interlock requirements; and
(c) Identify ways to track compliance and reduce noncompliance.
(5) As part of monitoring compliance, the Washington traffic safety
commission shall also track recidivism for violations of RCW 46.61.502
and 46.61.504 by persons required to have an ignition interlock
driver's license under section 9 of this act.
Sec. 11 RCW 46.63.020 and 2005 c 431 s 2, 2005 c 323 s 3, and
2005 c 183 s 10 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 the nonpayment of taxes and fees by
failure to register a vehicle and falsifying residency when registering
a motor vehicle;
(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(2) relating to knowingly providing false
information in conjunction with an application for a special placard or
license plate for disabled persons' parking;
(10) RCW 46.20.005 relating to driving without a valid driver's
license;
(11) RCW 46.20.091 relating to false statements regarding a
driver's license or instruction permit;
(12) RCW 46.20.0921 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 46.20.345 relating to the operation of a motor vehicle
with a suspended or revoked license;
(15) RCW 46.20.410 relating to the violation of restrictions of an
occupational ((or)) driver's license, temporary restricted driver's
license, or ignition interlock driver's 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)) circumventing an ignition interlock device;
(18) RCW 46.25.170 relating to commercial driver's licenses;
(19) Chapter 46.29 RCW relating to financial responsibility;
(20) RCW 46.30.040 relating to providing false evidence of
financial responsibility;
(21) RCW 46.37.435 relating to wrongful installation of
sunscreening material;
(22) RCW 46.37.650 relating to the sale, resale, distribution, or
installation of a previously deployed air bag;
(23) RCW 46.37.671 through 46.37.675 relating to signal preemption
devices;
(24) RCW 46.44.180 relating to operation of mobile home pilot
vehicles;
(((24))) (25) RCW 46.48.175 relating to the transportation of
dangerous articles;
(((25))) (26) RCW 46.52.010 relating to duty on striking an
unattended car or other property;
(((26))) (27) RCW 46.52.020 relating to duty in case of injury to
or death of a person or damage to an attended vehicle;
(((27))) (28) RCW 46.52.090 relating to reports by repairmen,
storagemen, and appraisers;
(((28))) (29) 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;
(((29))) (30) RCW 46.55.020 relating to engaging in the activities
of a registered tow truck operator without a registration certificate;
(((30))) (31) RCW 46.55.035 relating to prohibited practices by tow
truck operators;
(((31))) (32) RCW 46.55.300 relating to vehicle immobilization;
(33) RCW 46.61.015 relating to obedience to police officers,
flaggers, or firefighters;
(((32))) (34) RCW 46.61.020 relating to refusal to give information
to or cooperate with an officer;
(((33))) (35) RCW 46.61.022 relating to failure to stop and give
identification to an officer;
(((34))) (36) RCW 46.61.024 relating to attempting to elude
pursuing police vehicles;
(((35))) (37) RCW 46.61.500 relating to reckless driving;
(((36))) (38) RCW 46.61.502 and 46.61.504 relating to persons under
the influence of intoxicating liquor or drugs;
(((37))) (39) RCW 46.61.503 relating to a person under age twenty-one driving a motor vehicle after consuming alcohol;
(((38))) (40) RCW 46.61.520 relating to vehicular homicide by motor
vehicle;
(((39))) (41) RCW 46.61.522 relating to vehicular assault;
(((40))) (42) RCW 46.61.5249 relating to first degree negligent
driving;
(((41))) (43) RCW 46.61.527(4) relating to reckless endangerment of
roadway workers;
(((42))) (44) RCW 46.61.530 relating to racing of vehicles on
highways;
(((43))) (45) RCW 46.61.655(7) (a) and (b) relating to failure to
secure a load;
(((44))) (46) RCW 46.61.685 relating to leaving children in an
unattended vehicle with the motor running;
(((45))) (47) RCW 46.61.740 relating to theft of motor vehicle
fuel;
(((46) RCW 46.37.671 through 46.37.675 relating to signal
preemption devices;)) (48) RCW 46.64.010 relating to unlawful cancellation of or
attempt to cancel a traffic citation;
(47)
(((48))) (49) RCW 46.64.048 relating to attempting, aiding,
abetting, coercing, and committing crimes;
(((49))) (50) Chapter 46.65 RCW relating to habitual traffic
offenders;
(((50))) (51) RCW 46.68.010 relating to false statements made to
obtain a refund;
(((51))) (52) 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;
(((52))) (53) Chapter 46.72 RCW relating to the transportation of
passengers in for hire vehicles;
(((53))) (54) RCW 46.72A.060 relating to limousine carrier
insurance;
(((54))) (55) RCW 46.72A.070 relating to operation of a limousine
without a vehicle certificate;
(((55))) (56) RCW 46.72A.080 relating to false advertising by a
limousine carrier;
(((56))) (57) Chapter 46.80 RCW relating to motor vehicle wreckers;
(((57))) (58) Chapter 46.82 RCW relating to driver's training
schools;
(((58))) (59) 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;
(((59))) (60) RCW 46.87.290 relating to operation of an
unregistered or unlicensed vehicle under chapter 46.87 RCW.
Sec. 12 RCW 46.20.720 and 2004 c 95 s 11 are each amended to read
as follows:
(1) 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 may drive only a motor vehicle equipped with
a functioning ignition interlock. The court shall establish a specific
calibration setting at which the interlock will prevent the vehicle
from being started. The court shall also establish the period of time
for which interlock use will be required.
(2) Under RCW 46.61.5055, 10.05.020, or section 18 of this act, the
court shall order any person convicted of an alcohol-related violation
of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance or
participating in a deferred prosecution program under RCW 10.05.020 or
section 18 of this act for an alcohol-related violation of RCW
46.61.502 or 46.61.504 or an equivalent local ordinance to apply for an
ignition interlock driver's license from the department under section
9 of this act and to have a functioning ignition interlock device
installed on all motor vehicles operated by the person.
(3) The department shall require that, after any applicable period
of suspension, revocation, or denial of driving privileges, a person
may drive only a motor vehicle equipped with a functioning ignition
interlock device if the person is convicted of an alcohol-related
violation of RCW 46.61.502 or 46.61.504 or an equivalent local
ordinance.
The department may waive the requirement for the use of such a
device if it concludes that such devices are not reasonably available
in the local area. The device is not necessary on vehicles owned by a
person's employer and driven as a requirement of employment during
working hours. The person must provide the department with a
declaration pursuant to RCW 9A.72.085 from his or her employer stating
that the person's employment requires the person to operate a vehicle
owned by the employer during working hours.
The ignition interlock device shall be calibrated to prevent the
motor vehicle from being started when the breath sample provided has an
alcohol concentration of 0.025 or more. The period of time of the
restriction will be as follows:
(a) For a person who has not previously been restricted under this
section, a period of one year;
(b) For a person who has previously been restricted under (a) of
this subsection, a period of five years;
(c) For a person who has previously been restricted under (b) of
this subsection, a period of ten years.
Sec. 13 RCW 46.20.740 and 2004 c 95 s 12 are each amended to read
as follows:
(1) The department shall attach or imprint a notation on the
driving record of any person restricted under RCW 46.20.720 or
46.61.5055 stating that the person may operate only a motor vehicle
equipped with a functioning ignition interlock device. The department
shall determine the person's eligibility for licensing based upon
written verification by a company doing business in the state that it
has installed the required device on a vehicle owned or operated by the
person seeking reinstatement. If, based upon notification from the
interlock provider or otherwise, the department determines that an
ignition interlock required under this section is no longer installed
or functioning as required, the department shall suspend the person's
license or privilege to drive. Whenever the license or driving
privilege of any person is suspended or revoked as a result of
noncompliance with an ignition interlock requirement, the suspension
shall remain in effect until the person provides notice issued by a
company doing business in the state that a vehicle owned or operated by
the person is equipped with a functioning ignition interlock device.
(2) It is a misdemeanor for a person with such a notation on his or
her driving record to operate a motor vehicle that is not so equipped.
Sec. 14 RCW 46.61.5055 and 2007 c 474 s 1 are each amended to
read as follows:
(1) Except as provided in RCW 46.61.502(6) or 46.61.504(6), a
person who is convicted of a violation of RCW 46.61.502 or 46.61.504
and who has no prior offense within seven 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. In lieu of the
mandatory minimum term of imprisonment required under this subsection
(1)(a)(i), the court may order not less than fifteen days of electronic
home monitoring. The offender shall pay the cost of electronic home
monitoring. The county or municipality in which the penalty is being
imposed shall determine the cost. The court may also require the
offender's electronic home monitoring device to include an alcohol
detection breathalyzer, and the court may restrict the amount of
alcohol the offender may consume during the time the offender is on
electronic home monitoring; 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; 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. In lieu of the mandatory minimum term
of imprisonment required under this subsection (1)(b)(i), the court may
order not less than thirty days of electronic home monitoring. The
offender shall pay the cost of electronic home monitoring. The county
or municipality in which the penalty is being imposed shall determine
the cost. The court may also require the offender's electronic home
monitoring device to include an alcohol detection breathalyzer, and the
court may restrict the amount of alcohol the offender may consume
during the time the offender is on electronic home monitoring; 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.
(2) Except as provided in RCW 46.61.502(6) or 46.61.504(6), a
person who is convicted of a violation of RCW 46.61.502 or 46.61.504
and who has one prior offense within seven 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 and sixty days of electronic home monitoring. The offender shall
pay for the cost of the electronic monitoring. The county or
municipality where the penalty is being imposed shall determine the
cost. The court may also require the offender's electronic home
monitoring device include an alcohol detection breathalyzer, and may
restrict the amount of alcohol the offender may consume during the time
the offender is on electronic home monitoring. Thirty days of
imprisonment and sixty days of electronic home monitoring 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; 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 and ninety days of electronic home monitoring. The offender
shall pay for the cost of the electronic monitoring. The county or
municipality where the penalty is being imposed shall determine the
cost. The court may also require the offender's electronic home
monitoring device include an alcohol detection breathalyzer, and may
restrict the amount of alcohol the offender may consume during the time
the offender is on electronic home monitoring. Forty-five days of
imprisonment and ninety days of electronic home monitoring 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.
(3) Except as provided in RCW 46.61.502(6) or 46.61.504(6), a
person who is convicted of a violation of RCW 46.61.502 or 46.61.504
and who has two or three prior offenses within seven 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 and one hundred twenty days of electronic home monitoring. The
offender shall pay for the cost of the electronic monitoring. The
county or municipality where the penalty is being imposed shall
determine the cost. The court may also require the offender's
electronic home monitoring device include an alcohol detection
breathalyzer, and may restrict the amount of alcohol the offender may
consume during the time the offender is on electronic home monitoring.
Ninety days of imprisonment and one hundred twenty days of electronic
home monitoring 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; 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 and one hundred fifty days of electronic home
monitoring. The offender shall pay for the cost of the electronic
monitoring. The county or municipality where the penalty is being
imposed shall determine the cost. The court may also require the
offender's electronic home monitoring device include an alcohol
detection breathalyzer, and may restrict the amount of alcohol the
offender may consume during the time the offender is on electronic home
monitoring. One hundred twenty days of imprisonment and one hundred
fifty days of electronic home monitoring 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.
(4) A person who is convicted of a violation of RCW 46.61.502 or
46.61.504 ((and who)) shall be punished under chapter 9.94A RCW if:
(a) The person has four or more prior offenses within ten years((,));
or ((who)) (b) the person has ever previously been convicted of: (i)
A violation of RCW 46.61.520 committed while under the influence of
intoxicating liquor or any drug ((or)); (ii) a violation of RCW
46.61.522 committed while under the influence of intoxicating liquor or
any drug((, shall be punished in accordance with chapter 9.94A RCW));
or (iii) an out-of-state offense comparable to the offense specified in
(b)(i) or (ii) of this subsection.
(5)(a) The court shall require any person convicted of an
alcohol-related violation of RCW 46.61.502 or 46.61.504 to apply for an
ignition interlock driver's license from the department under section
9 of this act and to have a functioning ignition interlock device
installed on all motor vehicles operated by the person.
(b) The installation of an ignition interlock device is not
necessary on vehicles owned by a person's employer and driven as a
requirement of employment during working hours. The person must
provide the department with a declaration pursuant to RCW 9A.72.085
from his or her employer stating that the person's employment requires
the person to operate a vehicle owned by the employer during working
hours.
(c) An ignition interlock device imposed under this section shall
be calibrated to prevent a motor vehicle from being started when the
breath sample provided has an alcohol concentration of 0.025 or more.
(d) The court may waive the requirement that a person obtain an
ignition interlock driver's license and operate only vehicles equipped
with a functioning ignition interlock device if the court makes a
specific finding in writing that the devices are not reasonably
available in the local area, that the person does not operate a
vehicle, or the person is not eligible to receive an ignition interlock
driver's license under section 9 of this act.
(e) When the requirement that a person obtain an ignition interlock
driver's license and operate only vehicles equipped with a functioning
ignition interlock device is waived by the court, the court shall order
the person to submit to alcohol monitoring through an alcohol detection
breathalyzer device, transdermal sensor device, or other technology
designed to detect alcohol in a person's system. The person shall pay
for the cost of the monitoring. The county or municipality where the
penalty is being imposed shall determine the cost.
(f) The period of time for which ignition interlock use or alcohol
monitoring is required will be as follows:
(i) For a person who has not previously been restricted under this
section, a period of one year;
(ii) For a person who has previously been restricted under (f)(i)
of this subsection, a period of five years;
(iii) For a person who has previously been restricted under (f)(ii)
of this subsection, a period of ten years.
(6) If a person who is convicted of a violation of RCW 46.61.502 or
46.61.504 committed the offense while a passenger under the age of
sixteen was in the vehicle, the court shall:
(a) In any case in which the installation and use of an interlock
or other device is not mandatory under RCW 46.20.720 or other law,
order the use of such a device for not less than sixty days following
the restoration of the person's license, permit, or nonresident driving
privileges; and
(b) In any case in which the installation and use of such a device
is otherwise mandatory, order the use of such a device for an
additional sixty days.
(((6))) (7) In exercising its discretion in setting penalties
within the limits allowed by this section, the court shall particularly
consider the following:
(a) Whether the person's driving at the time of the offense was
responsible for injury or damage to another or another's property; and
(b) Whether at the time of the offense the person was driving or in
physical control of a vehicle with one or more passengers.
(((7))) (8) An offender punishable under this section is subject to
the alcohol assessment and treatment provisions of RCW 46.61.5056.
(((8))) (9) The license, permit, or nonresident privilege of a
person convicted of driving or being in physical control of a motor
vehicle while under the influence of intoxicating liquor or drugs must:
(a) If the person's alcohol concentration was less than 0.15, or if
for reasons other than the person's refusal to take a test offered
under RCW 46.20.308 there is no test result indicating the person's
alcohol concentration:
(i) Where there has been no prior offense within seven years, be
suspended or denied by the department for ninety days;
(ii) Where there has been one prior offense within seven years, be
revoked or denied by the department for two years; or
(iii) Where there have been two or more prior offenses within seven
years, be revoked or denied by the department for three years;
(b) If the person's alcohol concentration was at least 0.15:
(i) Where there has been no prior offense within seven years, be
revoked or denied by the department for one year;
(ii) Where there has been one prior offense within seven years, be
revoked or denied by the department for nine hundred days; or
(iii) Where there have been two or more prior offenses within seven
years, be revoked or denied by the department for four years; or
(c) If by reason of the person's refusal to take a test offered
under RCW 46.20.308, there is no test result indicating the person's
alcohol concentration:
(i) Where there have been no prior offenses within seven years, be
revoked or denied by the department for two years;
(ii) Where there has been one prior offense within seven years, be
revoked or denied by the department for three years; or
(iii) Where there have been two or more previous offenses within
seven years, be revoked or denied by the department for four years.
The department shall grant credit on a day-for-day basis for any
portion of a suspension, revocation, or denial already served under
this subsection for a suspension, revocation, or denial imposed under
RCW 46.20.3101 arising out of the same incident.
For purposes of this subsection (((8))) (9), the department shall
refer to the driver's record maintained under RCW 46.52.120 when
determining the existence of prior offenses.
(((9))) (10) After expiration of any period of suspension,
revocation, or denial 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.
(((10))) (11)(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
five 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 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), (ii), or (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.
(((11))) (12) A court may waive the electronic home monitoring
requirements of this chapter when:
(a) The offender does not have a dwelling, telephone service, or
any other necessity to operate an electronic home monitoring system;
(b) The offender does not reside in the state of Washington; or
(c) The court determines that there is reason to believe that the
offender would violate the conditions of the electronic home monitoring
penalty.
Whenever the mandatory minimum term of electronic home monitoring
is waived, the court shall state in writing the reason for granting the
waiver and the facts upon which the waiver is based, and shall impose
an alternative sentence with similar punitive consequences. The
alternative sentence may include, but is not limited to, additional
jail time, work crew, or work camp.
Whenever the combination of jail time and electronic home
monitoring or alternative sentence would exceed three hundred sixty-five days, the offender shall serve the jail portion of the sentence
first, and the electronic home monitoring or alternative portion of the
sentence shall be reduced so that the combination does not exceed three
hundred sixty-five days.
(((12))) (13) An offender serving a sentence under this section,
whether or not a mandatory minimum term has expired, may be granted an
extraordinary medical placement by the jail administrator subject to
the standards and limitations set forth in RCW 9.94A.728(4).
(((13))) (14) For purposes of this section and RCW 46.61.502 and
46.61.504:
(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 46.61.5249, 46.61.500, or
9A.36.050 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 46.61.5249, 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
46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or
46.61.522;
(b) "Within seven years" means that the arrest for a prior offense
occurred within seven years of the arrest for the current offense; and
(c) "Within ten years" means that the arrest for a prior offense
occurred within ten years of the arrest for the current offense.
Sec. 15 RCW 10.05.010 and 2002 c 219 s 6 are each amended to read
as follows:
(1) In a court of limited jurisdiction a person charged with a
misdemeanor or gross misdemeanor may petition the court to be
considered for a deferred prosecution program. The petition shall be
filed with the court at least seven days before the date set for trial
but, upon a written motion and affidavit establishing good cause for
the delay and failure to comply with this section, the court may waive
this requirement subject to the defendant's reimbursement to the court
of the witness fees and expenses due for subpoenaed witnesses who have
appeared on the date set for trial.
(2) A person charged with a traffic infraction, misdemeanor, or
gross misdemeanor under Title 46 RCW shall not be eligible for a
deferred prosecution program unless the court makes specific findings
pursuant to RCW 10.05.020 or section 18 of this act. Such person shall
not be eligible for a deferred prosecution program more than once; and
cannot receive a deferred prosecution under both RCW 10.05.020 and
section 18 of this act. Separate offenses committed more than seven
days apart may not be consolidated in a single program.
(3) A person charged with a misdemeanor or a gross misdemeanor
under chapter 9A.42 RCW shall not be eligible for a deferred
prosecution program unless the court makes specific findings pursuant
to RCW 10.05.020. Such person shall not be eligible for a deferred
prosecution program more than once.
Sec. 16 RCW 10.05.020 and 2002 c 219 s 7 are each amended to read
as follows:
(1) Except as provided in subsection (2) of this section or section
18 of this act, the petitioner shall allege under oath in the petition
that the wrongful conduct charged is the result of or caused by
alcoholism, drug addiction, or mental problems for which the person is
in need of treatment and unless treated the probability of future
recurrence is great, along with a statement that the person agrees to
pay the cost of a diagnosis and treatment of the alleged problem or
problems if financially able to do so. The petition shall also contain
a case history and written assessment prepared by an approved
alcoholism treatment program as designated in chapter 70.96A RCW if the
petition alleges alcoholism, an approved drug program as designated in
chapter 71.24 RCW if the petition alleges drug addiction, or by an
approved mental health center if the petition alleges a mental problem.
(2) In the case of a petitioner charged with a misdemeanor or gross
misdemeanor under chapter 9A.42 RCW, the petitioner shall allege under
oath in the petition that the petitioner is the natural or adoptive
parent of the alleged victim; that the wrongful conduct charged is the
result of parenting problems for which the petitioner is in need of
services; that the petitioner is in need of child welfare services
under chapter 74.13 RCW to improve his or her parenting skills in order
to better provide his or her child or children with the basic
necessities of life; that the petitioner wants to correct his or her
conduct to reduce the likelihood of harm to his or her minor children;
that in the absence of child welfare services the petitioner may be
unable to reduce the likelihood of harm to his or her minor children;
and that the petitioner has cooperated with the department of social
and health services to develop a plan to receive appropriate child
welfare services; along with a statement that the person agrees to pay
the cost of the services if he or she is financially able to do so.
The petition shall also contain a case history and a written service
plan from the department of social and health services.
(3) Before entry of an order deferring prosecution, a petitioner
shall be advised of his or her rights as an accused and execute, as a
condition of receiving treatment, a statement that contains: (a) An
acknowledgment of his or her rights; (b) an acknowledgment and waiver
of the right to testify, the right to a speedy trial, the right to call
witnesses to testify, the right to present evidence in his or her
defense, and the right to a jury trial; (c) a stipulation to the
admissibility and sufficiency of the facts contained in the written
police report; and (d) an acknowledgment that the statement will be
entered and used to support a finding of guilty if the court finds
cause to revoke the order granting deferred prosecution. The
petitioner shall also be advised that he or she may, if he or she
proceeds to trial and is found guilty, be allowed to seek suspension of
some or all of the fines and incarceration that may be ordered upon the
condition that he or she seek treatment and, further, that he or she
may seek treatment from public and private agencies at any time without
regard to whether or not he or she is found guilty of the offense
charged. He or she shall also be advised that the court will not
accept a petition for deferred prosecution from a person who: (i)
Sincerely believes that he or she is innocent of the charges ((or));
(ii) sincerely believes that he or she does not, in fact, suffer from
alcoholism, drug addiction, or mental problems, unless the petition for
deferred prosecution is under section 18 of this act; or (iii) in the
case of a petitioner charged under chapter 9A.42 RCW, sincerely
believes that he or she does not need child welfare services.
(4) Before entering an order deferring prosecution, the court shall
make specific findings that: (a) The petitioner has stipulated to the
admissibility and sufficiency of the facts as contained in the written
police report; (b) the petitioner has acknowledged the admissibility of
the stipulated facts in any criminal hearing on the underlying offense
or offenses held subsequent to revocation of the order granting
deferred prosecution; (c) the petitioner has acknowledged and waived
the right to testify, the right to a speedy trial, the right to call
witnesses to testify, the right to present evidence in his or her
defense, and the right to a jury trial; and (d) the petitioner's
statements were made knowingly and voluntarily. Such findings shall be
included in the order granting deferred prosecution.
Sec. 17 RCW 10.05.090 and 1997 c 229 s 1 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 or section 9 of this act, 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 the
petitioner's noncompliance is based on a violation of a term or
condition imposed in connection with the installation of an ignition
interlock device under section 9 of this act, the court shall either
order that the petitioner comply with the term or condition 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.
NEW SECTION. Sec. 18 A new section is added to chapter 10.05 RCW
to read as follows:
(1) A person charged with a misdemeanor or gross misdemeanor under
RCW 46.61.502 or 46.61.504 who has had no prior offenses as defined in
RCW 46.61.5055 and has been assessed pursuant to subsection (3) of this
section shall be eligible for a one-time deferred prosecution program.
(2) Before entering an order deferring prosecution under this
section, the court shall make a specific finding that the petitioner
has no prior offenses as defined in RCW 46.61.5055 and has been
assessed by a certified chemical dependency counselor and a licensed
mental health professional, and found not to need treatment for
alcoholism, drug addiction, or mental problems. As a condition of
granting a deferral prosecution petition, the court shall order the
petitioner to satisfy the conditions in RCW 10.05.140 and shall order
the petitioner to apply for an ignition interlock driver's license from
the department of licensing and have a functioning ignition interlock
device installed on all motor vehicles operated by the person. The
required period of use of the ignition interlock device shall be one
year. The court may order supervision of the petitioner during the
period of deferral pursuant to RCW 10.05.170.
(3) A petitioner seeking a deferral of prosecution under this
section shall undergo an assessment by a certified chemical dependency
counselor and a licensed mental health professional to determine
whether the petitioner is or is not in need of treatment for
alcoholism, drug addiction, or mental problems.
Sec. 19 RCW 10.05.160 and 1999 c 143 s 44 are each amended to
read as follows:
The prosecutor may appeal an order granting deferred prosecution on
any or all of the following grounds:
(1) Prior deferred prosecution has been granted to the defendant;
(2) Failure of the court to obtain proof of insurance or a
treatment plan conforming to the requirements of this chapter;
(3) Failure of the court to comply with the requirements of RCW
10.05.100;
(4) Failure of the evaluation facility to provide the information
required in RCW 10.05.040 and 10.05.050, if the defendant has been
referred to the facility for treatment. If an appeal on such basis is
successful, the trial court may consider the use of another treatment
program;
(5) Failure of the court to order the installation of an ignition
interlock or other device under RCW 46.20.720 or section 9 of this act.
Sec. 20 RCW 46.61.502 and 2006 c 73 s 1 are each amended to read
as follows:
(1) A person is guilty of driving while under the influence of
intoxicating liquor or any drug if the person drives a vehicle within
this state:
(a) And the person has, within two hours after driving, an alcohol
concentration of 0.08 or higher as shown by analysis of the person's
breath or blood made under RCW 46.61.506; or
(b) While the person is under the influence of or affected by
intoxicating liquor or any drug; or
(c) While the person is under the combined influence of or affected
by intoxicating liquor and any drug.
(2) The fact that a person charged with a violation of this section
is or has been entitled to use a drug under the laws of this state
shall not constitute a defense against a charge of violating this
section.
(3) It is an affirmative defense to a violation of subsection
(1)(a) of this section which the defendant must prove by a
preponderance of the evidence that the defendant consumed a sufficient
quantity of alcohol after the time of driving and before the
administration of an analysis of the person's breath or blood to cause
the defendant's alcohol concentration to be 0.08 or more within two
hours after driving. The court shall not admit evidence of this
defense unless the defendant notifies the prosecution prior to the
omnibus or pretrial hearing in the case of the defendant's intent to
assert the affirmative defense.
(4) Analyses of blood or breath samples obtained more than two
hours after the alleged driving may be used as evidence that within two
hours of the alleged driving, a person had an alcohol concentration of
0.08 or more in violation of subsection (1)(a) of this section, and in
any case in which the analysis shows an alcohol concentration above
0.00 may be used as evidence that a person was under the influence of
or affected by intoxicating liquor or any drug in violation of
subsection (1)(b) or (c) of this section.
(5) Except as provided in subsection (6) of this section, a
violation of this section is a gross misdemeanor.
(6) It is a class C felony punishable under chapter 9.94A RCW, or
chapter 13.40 RCW if the person is a juvenile, if: (a) The person has
four or more prior offenses within ten years as defined in RCW
46.61.5055; or (b) the person has ever previously been convicted of (i)
vehicular homicide while under the influence of intoxicating liquor or
any drug, RCW 46.61.520(1)(a), ((or)) (ii) vehicular assault while
under the influence of intoxicating liquor or any drug, RCW
46.61.522(1)(b), or (iii) an out-of-state offense comparable to the
offense specified in (b)(i) or (ii) of this subsection.
Sec. 21 RCW 46.61.504 and 2006 c 73 s 2 are each amended to read
as follows:
(1) A person is guilty of being in actual physical control of a
motor vehicle while under the influence of intoxicating liquor or any
drug if the person has actual physical control of a vehicle within this
state:
(a) And the person has, within two hours after being in actual
physical control of the vehicle, an alcohol concentration of 0.08 or
higher as shown by analysis of the person's breath or blood made under
RCW 46.61.506; or
(b) While the person is under the influence of or affected by
intoxicating liquor or any drug; or
(c) While the person is under the combined influence of or affected
by intoxicating liquor and any drug.
(2) The fact that a person charged with a violation of this section
is or has been entitled to use a drug under the laws of this state does
not constitute a defense against any charge of violating this section.
No person may be convicted under this section if, prior to being
pursued by a law enforcement officer, the person has moved the vehicle
safely off the roadway.
(3) It is an affirmative defense to a violation of subsection
(1)(a) of this section which the defendant must prove by a
preponderance of the evidence that the defendant consumed a sufficient
quantity of alcohol after the time of being in actual physical control
of the vehicle and before the administration of an analysis of the
person's breath or blood to cause the defendant's alcohol concentration
to be 0.08 or more within two hours after being in such control. The
court shall not admit evidence of this defense unless the defendant
notifies the prosecution prior to the omnibus or pretrial hearing in
the case of the defendant's intent to assert the affirmative defense.
(4) Analyses of blood or breath samples obtained more than two
hours after the alleged being in actual physical control of a vehicle
may be used as evidence that within two hours of the alleged being in
such control, a person had an alcohol concentration of 0.08 or more in
violation of subsection (1)(a) of this section, and in any case in
which the analysis shows an alcohol concentration above 0.00 may be
used as evidence that a person was under the influence of or affected
by intoxicating liquor or any drug in violation of subsection (1)(b) or
(c) of this section.
(5) Except as provided in subsection (6) of this section, a
violation of this section is a gross misdemeanor.
(6) It is a class C felony punishable under chapter 9.94A RCW, or
chapter 13.40 RCW if the person is a juvenile, if: (a) The person has
four or more prior offenses within ten years as defined in RCW
46.61.5055; or (b) the person has ever previously been convicted of (i)
vehicular homicide while under the influence of intoxicating liquor or
any drug, RCW 46.61.520(1)(a), ((or)) (ii) vehicular assault while
under the influence of intoxicating liquor or any drug, RCW
46.61.522(1)(b), or (iii) an out-of-state offense comparable to the
offense specified in (b)(i) or (ii) of this subsection.
NEW SECTION. Sec. 22 If specific funding for the purposes of
this act, referencing this act by bill or chapter number, is not
provided by June 30, 2008, in the omnibus transportation appropriations
act, this act is null and void.
NEW SECTION. Sec. 23 Sections 2, 4 through 8, and 11 through 14
of this act take effect January 1, 2009."
E2SHB 3254 -
By Committee on Transportation
ADOPTED AND ENGROSSED 03/07/08
On page 1, line 2 of the title, after "drugs;" strike the remainder of the title and insert "amending RCW 46.20.342, 46.20.380, 46.20.391, 46.20.400, 46.20.410, 46.20.720, 46.20.740, 46.61.5055, 10.05.010, 10.05.020, 10.05.090, 10.05.160, 46.61.502, and 46.61.504; reenacting and amending RCW 46.20.308 and 46.63.020; adding a new section to chapter 46.04 RCW; adding a new section to chapter 46.68 RCW; adding new sections to chapter 46.20 RCW; adding a new section to chapter 10.05 RCW; creating a new section; and providing an effective date."