HOUSE BILL REPORT

ESSB 6410

BYSenate Committee on Law & Justice (originally sponsored by Senators Smith, Halsan, McCaslin, Patterson, Newhouse, Craswell, Hayner, Nelson, Barr, Zimmerman and Kiskaddon)

Denying driving privileges to teenagers convicted of alcohol or drug offenses.

House Committe on Judiciary

Majority Report:  Do pass with amendments.  (15)

      Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Brough, Hargrove, P. King, Locke, Meyers, Moyer, Padden, Patrick, Schmidt, Scott, Wang and Wineberry.

House Staff:Harry Reinert (786-7110)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 25, 1988

BACKGROUND:

Juveniles under the age of 18 convicted of driving while intoxicated are subject to a 90 day suspension of driving privileges or until age 19, whichever is longer on the first conviction, revocation for one year on the second conviction, and two years on a third or subsequent offense.

The Liquor Control Act makes it illegal for a person under the age of 21 to possess, consume, purchase, or attempt to purchase alcoholic beverages.

The Controlled Substances Act makes it illegal for any person to possess, manufacture, or sell controlled substances.

The Legend Drug Act covers the distribution of legend drugs, which are generally available only by prescription.  The imitation controlled substances act covers the distribution of imitation controlled substances.  These are substances that appear or are represented as controlled substances.

Any person convicted of a motor vehicle offense, other than vehicular homicide or vehicular assault, for which supervision or revocation of driving privileges is mandatory may apply for an occupational driver's license.  A person who has been convicted of driving while intoxicated or being in possession or control while intoxicated may not obtain an occupational driver's license for the first thirty days of the revocation.  A person's privilege to drive is suspended for 90 days on the first DWI conviction, revoked for one year on the second, and for two years on the third conviction.

Any person who moves from the address listed on his or her driver's license must notify the department of licensing of the new address within ten days.  Any person who changes his or her name must also notify the department of the new name within ten days.

SUMMARY:

BILL AS AMENDED:  The driving privileges of a juvenile under the age of 18, but not younger than age 13 years of age, will be revoked by the Department of Licensing if the juvenile is found to have committed an offense involving the unlawful use of intoxicating liquor, controlled substances, legend drugs or imitation controlled substances.  The court must notify the Department within 24 hours after the judgment is entered. 

For the first conviction involving an alcohol or drug offense, the juvenile's privilege to drive will be revoked for one year, or until the juvenile is 17, whichever is later.  For a second or subsequent offense, the revocation will be for one year or until the year is 18 years of age, whichever is later.

A juvenile may petition the court for reinstatement of his or her driving privileges.  The juvenile's privilege to drive may not be reinstated earlier than 90 days after the judgment for the first offense, or one year for a second or subsequent offense.

A person who possesses a driver's license or identicard is required to provide written notification to the Department of Licensing regarding a change in name or address.  The written notification is the exclusive means to change the address of record.  All notices mailed to the address of record are effective.

AMENDED BILL COMPARED TO ENGROSSED SUBSTITUTE:  The engrossed substitute contained a provision allowing a person convicted of driving while intoxicated to obtain an occupational drivers' license without waiting thirty days if the person agrees to have an ignition interlock placed on his or her car.  The amendment deletes this provision.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Senator Linda Smith; Lee Fish (in part), Spokane County Juvenile Court; Susan Waild (in part), King County Diversion Services; Gerri Woolf, MADD; Ron Emmons, Orting Police Chief; Leann Chaney, Washington State PTA.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Driving is so important to teenagers that threatening to take away driving privileges will provide a strong incentive to avoid taking drugs and alcohol.  This is a program that has worked in Oregon.

House Committee - Testimony Against:      None Presented.