HomeMy WebLinkAboutORD 3757 • Qin c o�D q-7y
CITY OF RENTON, WASHINGTON
ORDINANCE NO. 3757
AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON,
ADOPTING BY REFERENCE CERTAIN STATE LAWS CONCERNING
CERTAIN OFFENSES ON SCHOOL GROUNDS , CUSTODIAL
INTERFERENCE, 'VIOLATION OF RESTRAINING ORDERS
AND AMENDMENTS TO LAWS PROHIBITING DRIVING WHILE
UNDER THE INFLUENCE OF INTOXICANTS AND/OR DRUGS
AND PENALTIES THEREFOR.
THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
ORDIAN AS FOLLOWS :
SECTION I : The adoption of State law by reference is
a means of preserving public peace. and serving the general public
welfare.
SECTION II : The following State laws are hereby
adopted by reference :
RCW 28A. 87 . 010
RCW 28A. 87 . 055
RCW 28A. 87 . 060
RCW 28A. 87 . 231
RCW 28A. 87. 232
RCW 28A. 87 . 233
RCW 26. 09. 300
RCW 9A.40 . 050
Chapter 165 , Laws of 1983 Regular Session
One (1) copy each has heretofore been filed in the office of the City
Clerk and made available to the general public for examination. Any
and all amendments , additions or modifications thereto , when printed
and filed with the City Clerk by authorization of the City Council
from time to time, shall be considered and accepted and constitute
a part of. such. Code without the necessity of further adoption of such
amendments , additions or modifications by the legislative authority
of the City of Renton or by ordinance.
I
SECTION III : The City Council of the City of Renton has
previously adopted laws involving driving while under the influence
of intoxicants and/or drugs by reference and has adopted laws by
reference which amend, alter or otherwise change these laws . By
means of this Ordinance the City Council of the City of Renton
specifically adopts the amendments to these laws and the enhancing
penalties , so as to emphasize the City Council ' s approval of these
steps to control a serious public problem.
SECTION IV: This Ordinance shall be effective upon its
passage, approval and thirty days after publication.
PASSED BY THE CITY COUNCIL this 28th day of November 1983.
Maxine E. Motor , ity C eTt
APPROVED BY THE MAYOR this 28th day of November 1983 -
Barbara
983 .Bar ara Y. Shinpoch, Mayor
Approved as to form:
Lawrence J. Wa ren, City Attorney
Date of Publication : December 2 , 1983
Offenses 28A.87.010
subsection shall not be construed to prohibit the intro- 28A.87.030 Superintendents of school boards—Defaults of,liabil-
ity for Action to recover penalties—Disposition.
duction of material deemed appropriate by the instructor '
28A.87.041 Compulsory attendance act Superintendent's re-
for educational purposes. [1975 1 st ex.s. c 226 § 2.] port—Penalty for false or failure to report.
Severability-1975 1st exs. c 226: See note following RCW 28A.87.050 ESD superintendent's reports,default in making-
28A.85.010. Penalty.
3 28A.87.055 Wilfully disobeying school administrative personnel or
refusing to leave public property,violations,when-
28A.85.030 Administration. The office of the super- Penalty.
intendent of public instruction shall be required to mon- 28A.87.060 Disturbing school,school activities or meetings—
[ itor the compliance by local school districts with this Penalty—Disposition of fines. .
r i
chapter shall establish a compliance timetable and re 28A.87.065 Threats to bomb or injure school buildings—Penalty.
{ P P 8- 28A.87.070 Examination questions—Disclosing—Penalty—
ulations for enforcement of this chapter, and shall es- Disposition of fines.
tablish guidelines for affirmative action programs to be 28A.87.080 Funds,fines,forfeitures,failure to pay over—Pen-
to adopted by all school districts. [1975 1st ex.s. c 226 § 3.] alty—Disposition of fines.
28A.87.090 Certain corrupt practices of school officials—Penalty.
Severability-1975 1st exs. c 226: See note following RCW 28A.87.100 Hygiene,failure of directors to provide for teach-
fit 28A.85.010. ing—Withholding warrants of board.
Of 28A.87.110 Hygiene,failure of ESD superintendent to enforce re-
quirement to teach—Penalty—Disposition of
of 28A.85.040 Civil relief for violations. Any person ag- fine—Duty of prosecuting attorney.
the grieved by a violation of this chapter, or aggrieved by 28A.87.120 Defacing or injuring school property—Liability of
the violation of any regulation or guideline adopted parent or guardian.
uId- hereunder, shall have a right of action in superior court 28A•87.130 Property,failure of officials or employees to account
for—Mutilation by—Penalties.
bb for civil damages and such equitable relief as the court 28A.87.135 Director's connivance to employ uncertified teach-
11 be shall determine. [1975 1st ex.s. c 226 § 4.] ers—Liability.
Severability-1975 1st exs c 226: See note following RCW 28A.87.140 Teacher's abuse of pupil—Penalty—Disposition of
fines.
28A.85.010.
at�b' 28A.87.1 51 Courses of study and regulations—Enforcement—
Withholding salary warrant for failure.
with- 28A.85.050 Enforcement—Superintendent's orders, 28A•87.170 Districts using unauthorized textbooks,deviating from
leans scope. The superintendent of public instruction shall study courses,hiring unqualified teachers—Funds
withheld.
shall have the power to enforce and obtain compliance with 28A.87.181 United States flag—Procurement,display,exer-
t alsd the provisions of this chapter and the regulations and cines—National anthem—Noncompliance,
PIN, luidelines adopted pursuant thereto by appropriate order penalty.
r IN, made pursuant to chapter 34.04 RCW, which order, by 28A.87.220 Educational institutions,discrimination because of race,
I d color or creed—Penalty.
way of illustration, may include, the termination of all or 28A.87.230 interfering by force or violence with any administrator,
Wi >r pan of state apportionment or categorical moneys to the teacher or student unlawful.
1r affending school district, the termination of specified 28A:87.231 Intimidating any administrator,teacher or student by
1,10 programs in which violations may be flagrant within the threat of force or violence unlawful.
28A.87.232 Violations under RCW 28A.87.230 and 28A.87-
11%0 be ifending school district,-the institution of a mandatory 231—Disciplinary authority exception.
ftar cow Armative action program within the offending school 28A.87.233 Violations under RCW 28A.87.230 and 28A.87-
tttL tatrict, and the placement of the offending school dis- .231—Penalty.
tlrM `' on probation with appropriate sanctions until com- Cerr;ficated teaching and administrative staff as accountable for class-
41 "` ;= aunce is achieved. [1975 1st ex.s. c 226 § 5.] room teaching cope—Responsibilities—Penalty: RCW
r •:
28A.58.760.
%wabili
ty--1975 1st exs. c 226: See note following RCW Educational employment relations act:Chapter 41.59 RCW.
3"5.010.
Sexual equality mandated for public schools:Chapter 28A.85 RCW.
' - DA.85.900 Chapter supplementary. This chapter
=Y WI be supplementary to, and shall not supersede, ex- 28A.87.010 Abusing or insulting teachers, liability
' salon for Penalty—Disposition Dis of fine. An person who
b*y �! .nXq-� , a.ag law and procedures and future amendments Y Po Y
I&W fi : tato relating to unlawful discrimination based on sex. shall insult or abuse a teacher anywhere on the school
t'5 Ist ex.s. c 226 § 6.] premises while such teacher is carrying out his official
duties, shall be guilty of a misdemeanor, the penalty for
*nMty-1975 1st exs. c 226: See note following RCW
w5o1o. which shall be a fine of not less than ten dollars nor
more than one hundred dollars; said fine shall be turned
aR over to the county treasurer and by him remitted to the
r state treasurer who shall place the same to the credit of
Chapter 28A.87 the current school fund of the state: Provided, That all
GMSES RELATING TO SCHOOLS, SCHOOL fees, fines, forfeitures and penalties collected or assessed
PERSONNEL—PENALTIES by a justice court because of the violation of a state law
`M t' shall be remitted as provided in chapter 3.62 RCW as
now exists or is later amended. [1969 ex.s. c 199 § 55;
w'010 Abusing or insulting teachers,liability for—Pen-
slty—Disposition of fine. 1969 exs. c 223 § 28A.87.010. Prior: 1909 c 97 p 360 §
11; RRS § 5054 prior: 1903 c 156 11; 1897 c 118
3� Attendance,false reports of—Penalty—Pupils ex- � P § §
f cased from examinations may be reported. 169; 1890 p 383 § 86. Formerly RCW 28.87.010.]
i{Title 28A RCW--p 1771
• 28A.87.020 Tide 28A RCW: Common School Provisions
28A.87.020 Attendance, false reports of Pen- dollars shall be forfeited from his salary for each such
alty Pupils excused from examinations may be re- unsatisfactory report, and the proper county officials are
ported. Any teacher, principal or school district hereby authorized and required to deduct therefrom the
superintendent who shall knowingly either report, cause sum aforesaid upon information from the superintendent
I ti to be reported, or permit to be reported the presence of of public instruction that such reports have not been
any pupil or pupils at school, when such pupil or pupils made. [1975 Ist ex.s. c 275 § 141; 1969 ex.s. c 176 §
were absent, or when school was not in session, shall 148; 1969 ex.s. c 223 § 28A.87.050. Prior: 1909 c 97 p
forfeit his teacher's certificate or subject it to revocation, 357 § 2; RRS § 5044; prior: 1897.c 118 § 160; 1890 p
and the same shall not be restored or a new one granted 360 § 15. Formerly RCW 28.87.050.]
within one year after such forfeiture or revocation: Pro-
vided, That pupils who are excused from attendance at logits �^�'01renbility—1969 exa c 176 see notes
following RCW 28A.21.010.
examinations, having completed their work in accord-
ance with rules of the school district board of directors,
shall be accredited with attendance during said days of 28A.87.055 Wilfully disobeying school administrative
examination. [1969 ex.s. c 223 § 28A.87.020. Prior: personnel or refusing to leave public property, violations,
1909 c 97 p 361 § 13; RRS § 5056; prior: 1903 c 156 § when—Penalty. (1) It shall be unlawful for any per-
13. Formerly RCW 28.87.020.] son to wilfully disobey the order of the chief administra-
tive officer of a public school district, or of an
28A.87.030 Superintendents of school boards— authorized designee of any such administrator, to leave
Defaults of, liability for Action to recover tel_ any motor vehicle, building, grounds or other property
which is owned, operated or controlled by the school
ties--Disposition. In case any school district superin- district if the person so ordered is under the influence of
tendent fails to make reports as by law or rule or alcohol or drugs, or is committing, threatens to immi-
regulation promulgated thereunder provided, at the nently commit or incites another to imminently commit
proper time and in the proper manner, he shall forfeit any act which would disturb or interfere with or obstruct
and pay to the district the sum of twenty–five dollars for any lawful task, function, process or procedure of the
each and every such failure. He shall also be liable, if, school district or any lawful task, function, process or
through such neglect, the district fails to receive its just procedure of any student, official, employee or invitee of
apportionment of school moneys, for the full amount so the school district. The order of a school officer or des-
lost. Each and all of said forfeitures shall be recovered in ignee acting pursuant to this subsection shall be valid if
a suit brought by the educational service district super- the officer or designee reasonably believes a person or-
intendent or by any citizen of such district, in the name dered to leave is under the influence of alcohol or drugs,
of and for the benefit of such district, and all moneys so is committing acts, or is creating a disturbance as pro-
collected shall be paid over to the county treasurer and vided in this subsection.
shall be by him placed to the credit of the general fund
of the district to which it belongs: Provided, That all (2) It shall be unlawful for any person to refuse to
fees, fines, forfeitures and penalties collected or assessed leave public property immediately adjacent to a build-
by ajustice court because of the violation of a state law ing, grounds or property which is owned, operated or
controlled by a school district when ordered to do so by
shall be remitted as provided in chapter 3.62 RCW as
now exists or is later amended. [1975 1st ex.s. c 275 § a law enforcement officer if such person is engaging in
140; 1970 ex.s. c 15 § 21. Prior: 1969 ex.s. c 199 § 56; conduct which creates a substantial risk of causing in-
1969 ex.s. c 176 § 147; 1969 ex.s. c 223 § 28A.87.030; Jury to any person, or substantial harm to property, or
prior: 1909 c 97 p 359 § 6; RRS § 5048; 1903 c 156 § 6; such conduct amounts to disorderly conduct under RCW
1897 c 118 § 164; 1890 p 369 § 36. Formerly RCW 9A:84.030.
28.87.030.] (3) Nothing in this section shall be construed to pro-
hibit or penalize activity consisting of the lawful exercise
Severability-1970 ex.s. c IS: See note following RCW of freedom of speech, freedom of press and the right to
28A.02.070. peaceably assemble and petition the government for a
Rights preserve:—vevembitity—M9 ex.& c 176: See notes redress of grievances: Provided, That such activity nei-
foltowing RCW 28A.21.010. ther does or threatens imminently to materially disturb
or interfere with or obstruct any lawful task, function,
28A.87.041 Compulsory attendance act--,Superin- process or procedure of the school district, or any lawful
tendent's reportPenalty for false or failure to report. task, function, process or procedure of any student, offi-
See RCW 28A.27.080. cial, employee or invitee of the school district: Provided
further, That such activity is not conducted in violation
28A.87.050 ESD superintendent's reports, default in of a prohibition or limitation lawfully imposed by the
making Penalty. If any educational service district school district upon entry or use of any motor vehicle,
superintendent fails to make any full and correct report building, grounds or other property which is owned, op-
to the superintendent of public instruction of statements erated or controlled by the school district.
required by him or if he shall fail to file with the super- (4) Any person guilty of violating this section shall be
intendent of public instruction a full and correct annual deemed guilty of a misdemeanor and, upon conviction
report within ten days after the time prescribed by law therefor, shall be fined not more than five hundred dol-
for filing said report, if any be required, the sum of fifty lars, or imprisoned in jail for not more than six months
(Title 28A RCW--p 1781
(1981 Ed.)
Offenses - 28A.87.100
or both so fined and imprisoned. [1981 c 36 § 1; 1975- rate of five percent per month during the time of so
'76 2nd ex.s. c 100 § 1.] withholding the same; and it shall be a special duty of
Severability-11975-16 2nd ex.s.c 100: 'If an provision of this
the educational service district superintendent to super-
1976 amendatory act,or its application to any person or circumstance vise and see that the provisions of this section are fully
is held invalid,the remainder of the act,or the application of the pro- complied with, including the initiation of court actions
vision to other persons or circumstances is not affected." 11975-'76 therefor, and report thereon to the appropriate county
2nd ex.s.c 100¢3.1 This applies to RCW 28A.87.055 and 9.87.010. commissioners at least semiannually. Fines and penal-
28A.87.060 Disturbing school, school activities or ties, exclusive of any moneys recovered belonging to the
meetings—Penalty Disposition of fines. Any per- school fund of any county, school district or educational
service district in this state, when collected, shall be
son who shall wilfully create a disturbance on school
turned over to the county treasurer and by him trans-
premises during school hours or at school activities or
school meetings shall be guilty of a misdemeanor, the milted to the state treasurer who shall place the same to
Pro-
penalty for which shall be a fine in any sum not more the credit of the current school fund of the state: Pro-
vided, That all fees, fines, forfeitures and penalties col-
than fifty dollars. Said fine, when collected, shall be lected or assessed by a justice court because of the
turned over to the county treasurer and by him trans-
violation of a state law shall be remitted as provided in
milted to the state treasurer, who shall place the same to
the credit of the current school fund of the state: Pro- chapter 3.62 RCW as now exists or is tater amended.
vided, That all fees, fines, forfeitures and penalties col- [1975 1st ex.s. c 275 § 142; 1970 ex.s. c 15 § 22. Pridr:
1969 ex.s. c 199 § 59; 1969 ex.s. c 176 § 149; 1969 ex.s.
lected or assessed by a justice court because of the
violation of a state law shall be remitted as provided in c 223 § 28A.87.080; prior: 1909 c 97 p 357 § 3; RRS §
chapter 3.62 RCW as now exists or is later amended. 89. Formerly 5; 1903
c 156 § 3; 1897 c 118 § 161; 1890 p 383 §
[1969 ex.s. c 199 § 57; 1969 ex.s. c 223 § 28A.87.060. 89. Fly RCW 28.87.080.)
Prior: 1909 c 97 p 361 § 12; RRS § 5055; prior: 1903 c Severability-1970 ex.s. c 1S: See note following RCW
156 § 12; 1897 c 118 § 170; 1890 p 383 § 87. Formerly 28A•02.070.
RCW 28.87.060.) Rights preserve6-- Severability-1969 ex.s.a 176.See note fol-
lowing RCW 28A.21.010.
28A.87.065 Threats to bomb or injure school build- 28A.87.090 Certain corrupt practices of school offi-
utgs—Penalty. See RCW 9.61.160 through 9.61.180.
cials—Penalty. Except as otherwise provided in chap-
28A.87.070 Examination questions Disclos- ter 42.23 RCW, it shall be unlawful for any member of
ins Penalty Disposition of fines. Any person the state board of education, the superintendent of pub-
having access to any question or questions prepared for lic instruction or any employee of his office, any educa-
the examination of teachers or common school pupils, tional service district superintendent, any school district
who shall directly or indirectly disclose the same before superintendent or principal,or any director of any school
the time appointed for the use of the questions in the district, to request or receive, directly or indirectly, any-
examination of such teachers or pupils, or who shall di- thing of value for or on account of his influence with re-
rectly or indirectly assist any person to answer any spect to any act or proceeding of the state board of
question submitted, shall be guilty of a misdemeanor, education, the office of the superintendent of public in-
the penalty for which shall be a fine in any sum not less struction, any office of educational service district su-
than one hundred nor more than five hundred dollars. perintendent or any school district,or any of these, when
Said fine shall be turned over to the county treasurer of such act or proceeding shall inure to the benefit of those
the county in which it is collected and shall be by him offering or gluing the thing'of value.
transmitted to the state treasurer who shall place the Any wilful violation of the provisions of this section
same to the credit of the current school fund of the state: shall be a misdemeanor and punished as such. [1975 1st
Provided, That all fees, fines, forfeitures and penalties ex.s. c 275 § 143; 1969 ex.s. c 176 § 150; 1969 ex.s. c
collected or assessed by a justice court because of the 223 § 28A.87.090. Prior: 1917 c 126 § 1; RRS § 5050.
violation of a state law shall be remitted as provided in Formerly RCW 28.87.090.1
chapter 3.62 RCW as now exists or is later amended. Rights preserved Severability-1969 ex.s. a 176: See notes
[1969 ex.s. c 199 § 58; 1969 ex.s. c 223 § 28A.87.070. following RCW 28A.21.010.
Prior: 1909 c 97 p 357 § 1; RRS § 5043; prior: 1903 c
156 § 1; 1897 c 118 § 159. Formerly RCW 28.87.070.] 28A.87.100 Hygiene, failure of directors to provide
for teaching Withholding warrants of board. Upon
28A.87.080 Funds, fines, forfeitures, failure to pay complaint in writing being made to any educational
over—Penalty—Disposition of fines. Any person service district superintendent by any registered voter of
collecting or receiving any fines, forfeitures or other the school district complained against that the board of
moneys belonging to the schools of the state of directors of the district have failed to make provision for
Washington, or belonging to the school fund of any the teaching of hygiene, with special reference to the ef-
county, school district or educational service district in fects of alcoholic drink, stimulants and narcotics upon
n this state, and refusing or failing to pay over the same as the human system, or have failed to require students to
1- required by law, shall be liable for double the amount so take such course, it shall be the duty of such educational
s j withheld, and in addition thereto, interest thereon at the service district superintendent to investigate at once the
i
(1981 Ed.) (Title 28A RCW---p 1791
Appeals _ 28A.88.015
issued to a teacher not legally qualified to teach in the Chapter 28A.88
common schools of the said district, shall have withheld APPEALS FROM ACTION OR NONACTION OF
twenty–five percent of their school fund for that or the SCHOOL OFFICIALS AND SCHOOL BOARDS
subsequent year, and it is hereby made the duty of the
educational service district superintendent to deduct said
amount from the apportionment to be made to any dis- Sections
trict failing1n either or all of the above requirements, 28A•88.010 Appeals—Notice if of-—Scope—Time limitation.
� 28A.88.013 Transcript filed,certified.
and the amounts thus deducted shall be withheld until 28A.88.015 Appeal to be heard de novo and expeditiously.
the educational service district superintendent shall as- 28A.88.085 Organization,reorganization of school districts,prop-
certain such situation no longer exists. [1975 1st ex.s. c erty adjustments,appeals from.
275 § 146; 1969 ex.s. c 176 § 153; 1969 ex.s. c 223 § 28A.88.090 Certified copy of decision to county assessor when
school district boundaries changed.
28A.87.170. Prior: 1909 c 97 p 361 § 15; RRS § 5058.;
prior: 1903 c 156 § 15; 1897 a 118 § 174. Formerly Educational employment relations act:Chapter 41.59 RCW.
RCW 28.87.170.]
Rights preserved---Severability-1969 ex.& c 176: See notes 28A.88.010 Appeals Notice of----Scope
following RCW 28A.21.010. Time limitation. Any person, or persons, either severally
or collectively, aggrieved by any decision or order of any
28A.87.181 United States flag Procurement, dis- school official or board, within thirty days after the ren-
play, exercises--National anthem—Noncompliance, dition of such decision or order, or of the failure to act
penalty. See RCW 28A.02.030. upon the same when properly presented, may appeal the
same to the superior court of the county in which the
28A.87.220 Educational institutions, discrimination school district or part thereof is situated, by filing with
because of race, color or creed---Penalty. See RCW the secretary of the school board if the appeal is from
9.91.010. board action or failure to act, otherwise with the proper
school official, and filing with the clerk of the superior
28A.87.230 Interfering by force or violence with any court, a notice of appeal which shall set forth in a clear
administrator, teacher or student unlawful. It shall be and concise manner the errors complained of.
unlawful for any person, singly or in concert with others, Appeals by teachers, principals, supervisors, superin-
to interfere by force or violence with any administrator, tendents, or other certificated employees from the ac-
teacher or student of any common school who is in the tions of school boards with respect to discharge or other
peaceful discharge or conduct of his duties or studies. action adversely affecting their contract status,or failure
[1971 c 45 § 3.1 to renew their contracts for the next ensuing term shall
Severability-1971 c 45:See note following RCW 288.10.570. be governed by the appeal provisions of chapter 28A.58
RCW therefor and in all other cases shall be governed
28A.87.231 Intimidating any administrator, teacher by this chapter 28A.88 RCW. [1971 ex.s. c 282 § 40;
or student by threat of force or violence unlawful. It shall 1969 ex.s. c 34 § 17; 1969 ex.s. c 223 § 28A.88.010.
be unlawful for any person, singly or in concert with Prior: 1961 c 241 § 9; 1909 c 97 p 362 § 1; RRS § 5064.
others, to intimidate by threat of force or violence any Formerly RCW 28.88.010.1 [SLC–RO-1.1
administrator, teacher or student of any common school Severability-1971 ex.s. c 282: See note following RCW
who is in the peaceful discharge or conduct of his duties 28A.21.010.
or studies. [1971 a 45 § 4.1 RCW 28A.88.010 not applicable.to contract renewal of school super-
intendent:RCW 28A.58.137.
Sevembility-1971 c 45:See note following RCW 2813.10.570.
i 28A.87.232 Violations under RCW 28A.87.230 and 28A.88.013 Transcript filed, certified. Within twenty
28A.87.231 Disciplinary authority exception. The days of service of the notice of appeal, the school board,
crimes defined in RCW 28A.87.230 and 28A.87.231 at its expense, or the school official, at such official's
shall not apply to school administrators or teachers who expense, shall file the complete transcript of the evidence
are engaged in the reasonable exercise of their disciplin- and the papers and exhibits relating to the decision for
ary authority. [1971 c 45 § 5.] which a complaint has been filed. Such filings shall be
Severability-1971 c 45:See note following RCW 28B.10.570. certified to be correct. [1971 ex.s. c 282 § 41.1
Severability-1971 ex s. c 282: See note following RCW
28A.87.233 Violations under RCW 28A.87.230 and 28A.21.010.
28A.87.231—Penalty. Any person guilty of violating
RCW 28A.87.230 and 28A.87.231 shall be deemed 28A.88.015 Appeal to be heard de novo and expedi-
guilty of a gross misdemeanor and, upon conviction tiously. Any appeal to the superior court shall be heard
thereon, shall be fined not more than five hundred dol- de novo by the superior court. Such appeal shall be
lars, or imprisoned in jail not more than six months or heard expeditiously. [1971 ex.s. c 282 § 42.1
both such fine and imprisonment. [1971 c 45 § 6.]
Severability-1971 ex.s. c 282: See note following RCW
Severability-1971 c 45:See note following RCW 28B.10.570. 28A.21.010.
(1981 Ed.) Mile 28A RCW—p 1811
' Family Court Chapter 26.12
Pa
parties to the proceedings, who may file opposing affi- or handing to that person a copy certified to be an ac-
davits. The court shall deny the motion unless it finds curate copy of the original on file by a notary public or
that adequate cause for hearing the motion is established the clerk of the court of the court order which copy may
by the affidavits, in which case it shall set a date for be supplied by the court, the complainant or the com-
hearing on an order to show cause why the requested plainant's attorney.
order or modification should not be granted. [1973 1st (3) The remedies provided by this section shall not
ex.s. c 157 § 27.] apply unless restraining orders subject to this section
shall bear the legend: VIOLATION OF THIS ORDER
26.09.280 Child custody or support actions or pro- WITH ACTUAL NOTICE OF ITS TERMS IS A
ceedings—Venue. Hereafter every action or proceed- CRIMINAL OFFENSE UNDER CHAPTER 26.09
ing to change, modify, or enforce any final order, RCW AND IS ALSO SUBJECT TO CIVIL CON-
judgment, or decree heretofore or hereafter entered in TEMPT PROCEEDINGS.
any dissolution or legal separation or declaration con- (4) It is a defense to prosecution under subsection (1)
cerning the validity of a marriage, whether under this of this section that the court order was issued contrary
chapter or prior law, in relation to the care, custody, to law or court rule: Provided, That no right of action
control,-or support of the minor children of the marriage shall accrue against any peace officer acting upon a
may be brought in the county where said minor children properly certified copy of a court order lawful on its face
are then residing, or in the court in which said final or- if such officer employs otherwise lawful means to effect
der, judgment, or decree was entered, or in the county the arrest. [1974 ex.s. c 99 § 1.1
where the parent or other person who has the care, cus-
tody, or control of the said children is then residing. 26.09.900 Construction Pending divorce actions.
[1975 c 32 § 4; 1973 1st ex.s. c 157 § 28.] Notwithstanding the repeals of prior laws enumerated in
section 30, chapter 157, Laws of 1973 1st ex. sess., ac-
26.09.290 Final decree of divorce nunc pro tune. tions for divorce which were properly and validly pend-
Whenever either of the parties in a divorce action is, ing in the superior courts of this state as of the effective
under the law, entitled to a final judgment, but by mis- date of such repealer (July 15, 1973) shall be governed
take, negligence, or inadvertence the same has not been and may be pursued to conclusion under the provisions
signed, filed, or entered, if no appeal has been taken of law applicable thereto at the time of commencement
from the interlocutory order or motion for a new trial of such action and all decrees and orders heretofore or
made, the court,on the motion of either party thereto or hereafter in all other respects regularly entered in such
upon its own motion, may cause a final judgment to be Proceedings are declared valid: Provided, That upon
signed, dated, filed, and entered therein granting the di- proper cause being shown at any time before final de-
vorce as of the date when the same could have been tree, the court may convert such action to an action for
given or made by the court if applied for. The court may dissolution of marriage as provided for in RCW 26.09-
cause such final judgment to be signed, dated, filed, and 901. [1974 ex.s. c 15 § I.]
entered nunc pro tunc as aforesaid, even though a final 26.09.901 Conversion of pending action to dissolution
judgment may have been previously entered where by proceeding. Any divorce action which was filed prior to
mistake, negligence or inadvertence the same has not July 15, 1973 and for which a final decree has not been
been signed, filed, or entered as soon as such final judg-
ment, the parties to such action shall be deemed to have entered on February 11, 1974, may, upon order of the
been restored to the status of single persons as of the superior court having jurisdiction over such proceeding
date affixed to such judgment, and any marriage of ei- for good cause shown, be converted to a dissolution pro-
ther of such parties subsequent to six months after the ceeding and thereafter be continued under the provisions
granting of the interlocutory order as shown by the min- of this chapter. [1974 ex.s. c 15 § 2.]
utes of the court, and after the final judgment could 26.09.902 RCW 26.09.900 and 26.09.901 deemed in
have been entered under the law if applied for, shall be effect on July 16, 1973. The provisions of RCW 26.09-
valid for all purposes as of the date affixed to such final •900 and 26.09.901 are remedial and procedural and
judgment, upon the filing thereof. [1973 1 st ex.s.c 157 § shall be construed to have been in effect as of July 16,
29.]
1973. [1974 ex.s. c 15 § 3.]
26.09.300 Restraining orders—Notice—Refusal 26.09.905 Construction of chapter with uniform child
to comply—Penalty—Defense. (1) Any person hav- custody jurisdiction act (chapter 26.27 RCW). See RCW
ing had actual notice of the existence of a restraining 26.27.900.
order issued by a court of competent jurisdiction in an
action for the dissolution of a marriage under this chap-
ter who refuses to comply with the provisions of such Chapter 26.12
order when requested by any peace officer.of the state FAMILY COURT
shall be guilty of a misdemeanor. --
(2) The notice requirements of subsection (1) may be Sections
satisfied by the peace officer giving oral or written evi- 26.12.010 Jurisdiction conferred on superior coup.
dente to the person subject to the order by reading from 26.12.020 Designation of judge—Numbcr of sessions.
(1981 Ed.) (rltle 26 RCW--p 111
` 9A.40.040 Title 9A RCW: Washington Criminal Code
9A.40.040 Unlawful imprisonment. (1) A person is (4) "Physically helpless" means a person wbo is un-
guilty of unlawful imprisonment if he knowingly re- conscious or for any other reason is physically unable to
strains another person. communicate unwillingness to an act;
(2) Unlawful imprisonment is a class C felony. [1975 (5) "Forcible compulsion" means physical force which
1st ex.s. c 260 § 9A.40.040.1 overcomes resistance, or a threat, express or implied,
9A.40.050 Custodial interference. 1 that places a person in fear of death or physical injury to
( ) A person is herself or himself or another person, or in fear that she
guilty of custodial interference if, knowing that he has or he or another person will be kidnaped;
no. legal right to do so, he takes or entices from lawful
custody any incompetent person or other person en- (6) "Consent" means that at the time of the act of
sexual intercourse there are actual words or conduct in-
trusted by authority of law to the custody of another
person or institution. course. [1981 c 123 § 1; 1975 1st ex.s. c 14 dicating freely given agreement to have sexual inter-
§ 1.
(2) Custodial interference is a gross misdemeanor. Formerly RCW 9.79.140.)
[1975 1st ex.s. c 260 § 9A.40.050.]
9A/44,020 Taff n, NdFw-----Wrloo mo-
Chapter 9A.44 Ilan - A�nrlr�ll►111►�, I I j III 11111 Nl IH 111111 V Iltl d II N ff
SEXUAL OFFENSES e11y wittle Witted III bills bhopiet It shall nI
ot news.
Sections sary that the testimony of the Definitions. alleged victim be
9A.44.010 corroborated.
9A.44.020 Testimony—.Evidence---Written motion— (2) Evidence of the victim's past sexual behavior in-
Admissibility. cluding but not limited to the victim's marital history,
9A.44.030 Defenses to prosecution under this chapter. divorce history, or general reputation for promiscuity,
9A•44•040 Rape in the first degree(as amended by 1981 c 137). or sexual
9A.44.040 Rape in the first degree(as amended by 1981 c 136). standards s� inadmissible on the es contrary
ssue of credibility
community
9A.44.050 Rape in the second degree.
9A.44.060 Rape in the third degree. is inadmissible to rove t
9A. he v'
44.070 P victim's
Statutory rape In the firs rev' consent except as
t degree. id
9A.44.080 Statutory rape in the second degree. Provided� in subsection (3) of this section, but when the
9''+•44.090 Statutory rape in the third degree. Perpetrator and the victim have en a
9A.44.10o Indecent liberties. course with each other in the pa and ged lwhen then sexual peat
9'4.44.110 Communigtion with a minor for immoral purpo behavior is
9A.44.900 material to the issue of consent, evidence
�o'd'f�Uon and addition of RCW 9.79.140-9.79. concerningthe
220,9A.88.02o and 9A.88.100 to this cha past behavior between the Perpetrator
9w.44.901 Consrruc �Soctions decodifed and added to this and the victim ma
9A.44.902 chapter.
to the offense, y admissible on the issue of eonaent
Ef1•ecxive�te-1979 Ms.c 244.
K.; •Risks (3) In any prosecution for the crime of rape or for an
�+ ER 601 rbrough 6/5. attempt to commit, or an assault with an intent to com. +
9A.44.O10 mit any such crime evidence of the victim's past sexual
Definitions. As used in this chapter: behavior including but not limited to the victim's marital
(1) "Sexual intercourse" behavior, divorce history, or general
and occurs upon an (a) has its ordinary meaning g 1 reputation for pro.
Po y penetration, however slight, and miscuity, nonchastity, or sexual mores contrary to com.
(b) Also means any penetration of the vagina or anus munity standards is not admissible if offered to attack
however slight, b
y an object, when committed on one the credibility of the victim and is admissible on the is-
Person by another, whether such persons are of the same y pursuant Ill lilt fl,llllwitlp II!IIt rllllla
or opposite sex, except when such penetration is accom- sue ) consent only
plished for medically recognized treatment lir dinpn1,111l� (a) A wrlllrn prrlrinl nu►1111n shall for 1401401#4 11
dPfh1111g111 111 Illy 1.111111 ItNll IIIIWaI111 11 #41111111M 11111 I�Ir 1
purposes, and IIPIP1111P 1111" 1111 111Ih1 Ill 1111111) Ill Iib IN�1 1'1111) 1 111 ni 11 bll
(C) Also means any act of sexual u1n111c1 helwrrll 111 IN- In1,11 "r411111 111-114011111 ul 111
f Il 11401 Intl ,,,,�11
persons involving the sex organs of one msbo► ami olu 111."«111«1) 111111 Ila IIIA nal 4 rnr I IM 1x010 111 IIIr� r fill r11
•
mouth or anus of another whether till; VlVtllll.
e such persons are of (b) The written motion shall be accompanied b an
(2) "Marrriedigid"" means one who is legally nturricd to
the same or opposite sex. uffiduvit or uffiduvits In p which the offer of roof shall be i
another, but does not include a person who is living sep-
stated.
p
arate and apart from his or her spouse and who has filed (c) If the court finds that the offer of proof is suff-
in an appropriate court for legal separation or for disso- cient, the court shall order a hearing out of the presence A
P
lution of his or her marriage. of the jury, if any, and the hearing shall be closed except iu
(3) "Mental incapacity" is that condition existing at to the necessary witnesses, the defendant, counsel, and
the time of the offense which prevents a person from those who have a direct interest in the case or in tk f'
�1
understandingthe nature or consequences of work of the court.
eq ces the act of (C
sexual intercourse whether that condition is produced by (d) At the conclusion of the hearing, if the court rinds (d
illness, defect, the influence of a substance or from some that the evidence proposed to be offered by the defesit
nd
other cause; ant regarding the past sexual behavior of the victim it of n
(Title 9A RCW--p 121
(19116U (illi
r�
Ch. 164 WASHINGTON LAWS, 1983 WASHINGTON LAWS, 1983 Ch. 165 .
commit a class,A felony, criminal solicitation of or criminal conspiracy to amending section 441,chapter 249,Laws of 1909 and RCW 66.44.250;amending section
118,commit a class A felony, manslaughter in the first degree, manslaughter in Laws cof ha1977ter2 99ex. sess.sasf last6amendedandCby sec ion725a hapterg136sec1tLaws ofa19ter 316,
81 and
the second degree, indecent liberties if committed by forcible compulsion, RCW 70.48.020;amending section 16,chapter 232,Laws of 1979 ex.sess.and RCW 70-
.48.180;amending section 35.21.330,chapter 7, Laws of 1965 as amended by section 19,
rape in the second degree, kidnapping in the second degree, arson in the
chapter 316, Laws 1977 ex. sess. and RCW 70.48.190; amending section 17, chapter
second degree, assault in the second degree, extortion in the first degree,
232,Laws of 1979 ex.
sess.and RCW 70.48.210;amending section 12,chapter 244,Laws
((and')) robbery in the second degree, and ((rghgent)) vehicular homicide; of 1975 1st ex. sess. and RCW 10.05.120;adding a new section to chapter 35.21 RCW;
add(b) Any conviction for a felony offense in effect at any time prior to July RCW adding nea new ws sections on to chapter
chapter 34620 RCW;adding ing a new sections w section t o chapter 46.61
1, 1976, which is comparable to a felony classified as a violent offense in RCW;adding new sections to chapter 46.68 RCW;adding new sections to chapter 70.48
subsection (17)(a) of this section; and RCW;creating new sections;prescribing penalties;providing an expiration date;declaring
(c) Any federal or out-of-state conviction for an offense comparable to an emergency;and providing effective dates.
a felony classified as a violent offense under subsection (17)(a) or (b) of this Be it enacted by the Legislature of the State of Washington:
section. Sec. 1. Section 11, chapter 260, Laws of 1981 and RCW 46.20.308 are
Passed the Senate April 22, 1983. each amended to read as follows:
Passed the House April 17, 1983. (1) Any person who operates a motor vehicle upon the public highways
Approved by the Governor May 11, 1983, with the exception ofsection of this state ((shall be)) is deemed to have given consent, subject to the
3, which is vetoed. provisions of RCW 46.61.506, to a chemical test or tests of his or her
Filed in Office of Secretary of State May 11, 1983. breath or blood for the purpose of determining the alcoholic content of his
Note:Governors explanation of partial veto is as follows: or her blood if arrested for any offense where, at the time of the arrest, the
'I am returning herewith,without my approval as tosction 3,Engrossed Sen- arresting officer has reasonable grounds to believe the person had been
ate Bill No.3106,entitled: driving or was in actual physical control of a motor vehicle while under the
'AN ACT Relating to driving while intoxicated." influence of intoxicating liquor.
This bill establishes the crimes of vehicular homicide and vehicular assault and The test or tests shall be administered at the direction of a law enforce-
provides for penalties for those crimes. ment officer having reasonable grounds to believe the person to have been
It is necessary to veto section 3 of ESB 3106 in order to avoid a double driving or in actual physical control of a motor vehicle upon the public
amendment ct RCW 4Engro se which was Hous amended in , more complete highways of this state while under the influence of intoxicating liquor.
manner in section 15 of Engrossed Substitute House Bill No.289,a bill that I will
sign today. ((Such)) The officer shall inform the person of his or her right to refuse the
With the exception of section 3, which I have vetoed, Engrossed Senate Bill test, and of his or her right to have additional tests administered by any
No.3106 is approved." qualified person of his or her choosing as provided in RCW 46.61.506. The
officer shall warn the driver that his or her privilege to drive will be revoked
or denied if he or she refuses to submit to the test. The officer shall warn
CHAPTER 165 the driver that his refusal to take the test may be used against him in any
[Engrossed Substitute House Bill No.289) subsequent criminal trial.
DRUNK DRIVING-PROCEDURES AND PENALTIES MODIFIED Unless the person to be tested is unconscious, the chemical test admin- `
AN ACT Relating to driving while intoxicated; amending section 11, chapter 260, Laws of istered shall be of ((itis)) the breath only((: PREWH)Ef)
Y(( ))_If an in-
1981 as amended by section 1 of this act and RCW 46.20.308; amending section 46.04- dividual is unconscious or is under arrest for the crime of ((negligent))
.480,chapter 12, Laws of 1961 as amended by section 7, chapter 62, Laws of 1979 and
vehicular homicide ((by7itotor-vehiek)) as provided in RCW 46.61.520 or
RCW 46.04.480;amending section 46.04.480,chapter 12, Laws of 1961 as last amended
by section 13 of this act and RCW 46.04.480;amending section 24,chapter 121,Laws of vehicular assault as provided in section 2, chapter (SB 3106), Laws of
1965 ex.sess.and RCW 46.20.285;amending section 24,chapter 121, Laws of 1965 ex. 1983, or if an individual is under arrest for the crime of driving while under
sess. as amended by section 15 of this act and RCW 46.20.285; amending section 27, the influence of intoxicating liquor or drugs as provided in RCW 46.61.502,
chapter 121, Laws of 1965 ex. sess. as last amended by section 5, chapter 212, Laws of
1982 and RCW 46of 19 5 amends. section 27 which a
B ,chapter 121, Laws of 1965 ex. sess. as crest results from an accident in which another person has been in-
last amended by section 17 of this act and RCW 46.20.311;amending section 62,chapter jured and there is a reasonable likelihood that such otherrson may die as
155, Laws of 1965 ex.sess.as last amended by section 1,chapter... (SHB 498),Laws of � Y
1983 and RCW 46.61.515;amending section 1,chapter 5,Laws of 1973 as last amended a result of injuries sustained in the accident, a breath or blood test maybe j
by section 4, chapter ... (ESB 3106), Laws of 1983 and RCW 46.20.391;amending sec-
tion 1,chapter 5, Laws of 1973 as last amended by section 23 of this act and RCW 46-
.20.391; amending section 442, chapter 249, Laws of 1909 and RCW 66.44.240;
17301
17311 .
Ch. 165 WASHINGTON LAWS, 1983 WASHINGTON LAWS, 1983 Ch. 165
the provisions of chapter 70.48 RCW and rules adopted ((thereto)) prisoner's preexisting debts. Any balance shall be retained and paid to the
thereunder. prisoner when the prisoner is discharged.
Sec. 39. Section 17, chapter 232, Laws of 1979 ex. sess. and RCW 70- (e) With court approval the prisoner's sentence may be reduced by one—
.48.210 are each amended to read as follows: { fourth if the prisoner's conduct, diligence, and general attitude merit the
(1) All cities and counties are $uthorized to establish and maintain ( reduction.
farms, camps, and work release programs and facilities, as well as special (f) If the work release prisoner violates the conditions of custody or em-
detention facilities. The facilities shall meet the requirements of chapter E em-
ployment, the prisoner shall be returned to the sentencing court. The sen-
70.48 RCW and any rules adopted thereunder. tencing court may require the prisoner to spend the remainder of the
(2) Farms and camps may be established either inside or outside the sentence in actual confinement and may cancel any earned reduction of the
territorial limits of a city or county. A sentence of confinement in a city or sentence.
county jail may include placement in a farm or camp. Unless directed ' (4) A special detention facility may be operated by a noncorrectional
otherwise by court order, the chief law enforcement officer or department of s agency or by noncorrectional personnel by contract with the governing unit.
corrections, may transfer the prisoner to a farm or camp. The sentencing The employees shall meet the standards of training and education estab-
court, chief law enforcement officer, or department of corrections may not lished by the criminal justice training commission as authorized by RCW
transfer to a farm or camp a greater number of prisoners than can be fur- 43.101.080. The special detention facility may use combinations of features
nished with constructive employment and can be reasonably accommodated. including,.but not limited to, low—security or honor prisoner status, work
(3) The city or county may establish a city or county work release pro- farm, work release, community review, prisoner facility maintenance and
gram and housing facilities for the prisoners in the program. In such regard, ! food preparation, training programs, or alcohol or drug rehabilitation pro-
factors such as employment conditions and the condition of jail facilities grams, with or without cost to the prisoners.
should be considered. When a work release program is established the fol- NEW SECTION. Sec. 40. There is added to chapter 35.21 RCW a new
lowingrovisions apply:P PP Y � section to read as follows:
(a) A person convicted of a felon and laced in a cit or c w it
y p y county fail is j Except as limited by the maximum penalties authorized by law, no city
eligible for the work release program. A person sentenced to a city or coun- or town may establish a penalty for an act that constitutes the crime of
ty jail is eligible for the work release program. The program may be used as driving while under the influence of intoxicating liquor or any drug, as pro-
a condition of probation for a criminal offense. Good conduct is a condition vided in RCW 46.61.502, or the crime of being in actual physical control of
of participation in the program. a motor vehicle while under the influence of intoxicating liquor or any drug,
(b) The court may permit a person who is currently, regularly employed as provided in RCW 46.61.504, that is less than the penalties prescribed for-
to continue his or her employment. The chief law enforcement officer or de- those crimes in RCW 46.61.515.
partment of corrections shall make all necessary arrangements if possible. 3 NEW SECTION. Sec. 41. There is added to chapter 36.32 RCW a new
The court may authorize the person to seek suitable employment and may section to read as follows:
authorize the chief law enforcement officer or department of corrections to N county establish a penalty for an act that constitutes the crime
No cou may tab
Y Y Pe Y
make reasonable efforts to find suitable employment for the person. A per- of driving while under the influence of intoxicating liquor or any drug, as
son participating in the work release program may not work in an estab- provided for in RCW 46.61.502, or the crime of being in actual physical
lishment where there is a labor dispute. control of a motor vehicle while under the influence of intoxicating liquor or
(c) The work release prisoner shall be confined in a work release facility any drug, as provided in RCW 46.61.504, that is less than the penalties
or jail whenever the prisoner is not employed and between the hours or pe- ! prescribed for those crimes in RCW 46.61.515.
riodsof employment unless the court directs otherwise. NEW SECTION. Sec. 42. There is added to chapter 43.59 RCW a new
(d) The chief law enforcement officer or ((his)) a designee shall collect
the work release prisoner's earnings and from the earnings make payments section to read as follows:The Washington traffic safety commission shall produce and disseminate
for the prisoner's board, personal expenses inside and outside the jail, and
share of the administrative expenses of this section. Support payments for through all possible media, informational and educational materials ex-
the prisoner's dependents, if any, shall be made as directed by the court. plaining the extent of the problems caused by drinking drivers, the need for
With the prisoner's consent, the remaining funds may be used to pay the Public involvement in their solution, and the penalties of existing and new
laws against driving while intoxicated.
17561 1 757 1
i
Ch. 165 WASHINGTON LAWS, 1983
WASHINGTON LAWS, 1983 Ch. 165
persons charged with a criminal offense prior to trial or sentencing and for
the housing of adult persons for purposes of punishment and correction after a supervisory 15 "Jail inspector" means a person with at least five years in
sentencing or upervisory position as a law enforcement or custodial corrections officer.
g persons serving terms not to exceed ninety days. (((x-53)) 16 "Major urban" means a county or combination of counties
(3) "Special detention facility"means a minimum security facility op- which has a city having aulation
greater than twenty—six erated b a governingunit rimaril designedstaffed, and used for the j based on the 1978 projections o
f the office of financial managementhousand
housing of special populations of sentenced persons who do not require the
level of security normal] rovided in detention and correctional facilities ties(ff O)has a c"Mhaving um urrban u aeons a county or combination of coun-
including, but not necessarily limited to which Y pop equal to or greater than ten thou-
, persons convicted of offenses under = sand but less than twenty—six thousand based on the 1978 projections of the
RCW 46 61 502 or 46.61.504.
"Correctional facility" means a facility operated by a governin unit office of financial management.
primarily designed, staffed, and used for the housing of adult personsgserv- has(("cit ty)having"
ay ng" rala upopulat on meansl ss th nY tenthousand b sed onmbination ofiies the 19178
ing terms not exceeding one year for the purposes of punishment, correc- Y projections of the office of financial management.
tion, and rehabilitation following conviction of a criminal offense.
"Jail" means any holding, detention, or correctional facility NEW SECTION. Sec. 35. There is added to chapter 70.48 RCW a new
as defined in this section. section to read as follows:
W5f )) L61 "Health care" means preventive, diagnostics and rehabilita- Mandatory custodial care standards adopted under RCW 70.48.050 for
tive services provided by licensed health care professionals and/or facilities; i special detention facilities shall be limited to those necessary to meet mini-
such care to include providing prescription drugs where indicated. = mum legal requirements for health, welfare, and security for low—risk pris-
W6))) L7J "Commission" means the state jail commission created pur- a oners considering the length of stay and the prisoner classification involved.
suant to RCW 70.48.030 but, after June 30, 1983, "commission" and "state The standards shall not incorporate standards applicable to correction and
jail commission" means the state corrections standards board. detention facilities except where specifically justified.
(( ?M S� "Substantially remodeled" means significant alterations NEW SECTION. Sec. 36. There is added to chapter 70.48 RCW a new
made to the physical plant of a jail to conform with the physical plant section to read as follows:
standards. The legislative authority of a county or city that establishes a special
((fff1)) L91 "Department" means the department of social and health # detention facility as defined in RCW 70.48.020 for persons convicted of vi-
services. 1 olating RCW 46.61.502 or 46.61.504 may establish a reasonable fee sched-
(( ]0 "Secretary" means the secretary of social and health ule to cover the cost of housing in the facility. The schedule shall be on a
services.es. sliding basis that reflects the person's ability to pay.
((Hft11 "Governing unit" means the city and/or county or any
combinations of cities and/or counties responsible for the operation, super- { Sec. 37. Section 16, chapter 232, Laws of 1979 ex. sess. and RCW 70-
i 48.180 are each amended to read as follows:
vision, and maintenance of a jail. Counties may acquire, build, operate: and maintain holding, detention,
12 "Mandatory custodial care standards" means those mini- special detention, and correctional facilities as defined in RCW 70.48.020 at
mum standards, rules, or regulations that are adopted pursuant to RCW any place designated by the county legislative authority within the territori-
70.48.050(1)(a) and 70.48.070(1) for jails to meet federal and state consti- al limits of the county. The facilities shall comply with chapter 70.48 RCW
tutional requirements relating to the health, safety, security, and welfare of ; and the rules adopted thereunder.
inmates.
as amended by
13 "Advisory custodial care standards" means custodial care section 19, c aptern316,21.33Laws,ofh1977r x. s ss.s and]R965 RCW 70.48 90 are
standards recommended by the commission which are not mandatory. each amended to read as follows:
l4 "Physical plant standards" and "physical plant require- Cities and towns may acquire, build, operate=and maintain holding, de-
ments" mean those minimum standards, rules, or regulations that are pre- tention special detention, and correctional facilities as defined in RCW 70-
scribed by the commission for jails that relate to structural specifications of .48.020 at any place within the territorial limits of the county in which the
the physical plant, including but not limited to size of cells and rooms with- city or town is situated, as may be selected by the legislative authority of
in a jail, design of facilities, and specifications for fixtures and other the municipality((- PROVIDED, That s
equipment.
)). The facilities comply with
J
17541
1 755 1
Ch. 165 WASHINGTON LAWS, 1983
WASHINGTON LAWS, 1983 Cb. 165
(1) It is a traffic infraction to drink any alcoholic beverage in a motor The prosecuting, city, or town attorney of the county, city, or town in which
vehicle when the vehicle is upon a•highway.
a judicial district lies, or the presiding judge of the judicial district, may re-
(2) It is a traffic infraction for a person to have in his possession while in � quest the administrator for the courts to designate the district as an en-
ing an alcoholic beverage if the container has been opened or a seal bra motor vehicle upon a highway, a bottle, can, or other receptacle contain- I hanced enforcement district and to make assignments under this section. An
oken ;
or the contents partially removed. assignment shall be for a specified period of time not to exceed thirty days.
A visiting justice has the same powers as a justice of the district to which he
(3) It is a traffic infraction for the registered owner of a motor vehicle, or she is assigned. A visiting justice shall be reimbursed for expenses under
or the driver if the registered owner is not then present in the vehicle, to
keep in a motor vehicle when the vehicle is upon a highway, a bottle, can,or RCW 2.56.070.
other receptacle containing an alcoholic beverage which has been opened or Sec. 32. Section 118, chapter 299, Laws of 1961 and RCW 3.66.070 are
a seal broken or the contents partially removed, unless the container is kept each amended to read as follows:
in the trunk of the vehicle or in some other area of the vehicle not normally } All criminal actions shall be brought in the justice court district where
occupied by the driver or passengers if the vehicle does not have a trunk. A the alleged violation occurred: PROVIDED, That (1) the prosecuting at-
torney may file felony cases in the district in which the county seat is loca
utility compartment or glove compartment is deemed to be within the area
l-
occupied by the driver and passengers. ed ((and)) (2) with the consent of the defendant criminal actions other
(4) This section does not apply to a public conveyance that has been than those arising out of violations of city ordinances may be brought in or
commercially chartered for group use or to the living quarters of a motor transferred to the district in which the county seat is located, and (3) if the
� alleged violation relates to driving, or being in actual physical control of a
home or camper or, except as otherwise provided by RCW 66.44.250 or lo-
cal law, to any passenger for compensation in a for—hire vehicle licensed motor vehicle while intoxicated and the alleged violation occurred within a
under city, county, or state law. t judicial district which has been designated an enhanced enforcement district
t
Sec. 29. Section 442, chapter 249, Laws of 1909 and RCW 66.44.240 under section 31 of this act, the charges may be filed in that district or in a
are each amended to read as follows: district within the same county which is adjacent to the district in which the
Every person engaged wholly or in part in the business of carrying t alleged violation occurred.
sengers for hire, and every agent, servant, or employee of such person, who NEW SECTION. Sec. 33. There is added to chapter 46.61 RCW a new
((shaft)) knowingly y permits any person to drink any intoxicating liquor in I
section to read as follows:
any public conveyance, except in the compartment where such liquor is sold A sentencing court may allow persons convicted of violating RCW 46-
or served under the authority of a license lawful) issued .61.502 or 46.61.504 to fulfill the terms of the sentence provided in RCW
y Public
co vfrc)) is 46.61.515 (1) or (2) in nonconsecutive or intermittent time periods. How-
guilty of a misdemeanor. This section does not apply to a public conveyance
How-
that is mmercially chartered for rou use or a for—hire vehicle licensed ever, the first twenty—four hours of any sentence under RCW 46.61.515(1)
under city, county, or state law. i and the first forty—eight hours of any sentence under RCW 46.61.515(2)
Sec. 30. Section 441, chapter 249, Laws of 1909 and RCW 66.44.250 ! shall be served consecutively unless suspended or deferred as otherwise pro-
are each amended to read as follows: vided by law.
Every person who ((shall)) drinks any intoxicating liquor in any public Sec. 34. Section 2, chapter 316, Laws of 1977 ex. sess. as last amended
conveyance, except in a compartment or place where sold or served under by section 25, chapter 136, Laws of 1981 and RCW 70.48.020 are each
the authority of a license lawfully issued, ((shall--be)) is guilty of a misde- ` amended to read as follows:
meanor. With respect to a public conveyance thatis commercially j As used in this chapter the words and phrases in this section shall have
y c
for group use and with respect to a for—hire vehicle licensed under city the meanings indicated unless the context clearly requires otherwise.
county, or state law this section applies only to the driver of i the vehicle (1) Holding facility means a facility operated by a governing unit
NEW SECTION. Sec. 31. The administrator t primarily designed, staffed, and used for the temporary housing of adult
or for the i
e courts
may a
one or more y sign � persons
e ust' s charged with a n
justices from other judicial Pe g criminal offense prior to trial or sentencing and for
al districts to serve as visiting g
in a judicial district which the admin' iperie justices the temporary housing of such persons during or after trial and/or sentenc-
�str /
administrator determines is experiencing an i
increase in case filings as the result of enhanced enforcement of laws related ing, but in no instance shall the housing exceed thirty days.
to driving, or being in physical control of,a motor vehicle while intoxicated. (2) "Detention facility" means a facility operated by a governing unit
primarily designed, staffed, and used for the temporary housing of adult
17521
17531
Ch. 165 WASHINGTON LAWS, 1983
WASHINGTON LAWS, 1983 Ch. 165
revocation of the driver's license is mandatory, other than vehicular homi-
cide or vehicular assault, may (( of operating a motor vehicle in violation of its restrictions, or of an offense
the it Matimi fo. tile Fill se of strbTrfitting F that pursuant to chapter 4620 RCW would warrant suspension or revoca-
submit to the department an application for an occupational driver s license) tion of a regular driver's license. The cancellation is effective as of the date
The ((court)) department, upon receipt of the Pres c ibed fee and uof the conviction or administrative action, and continues with the same
de-
termining that the petitioner is engaged in an occupation or tradenthat force and effect as any`suspension or revocation under this title.
makes it essential that the petitioner operate a motor vehicle= may ((stay NEW SECTION. Sec. 25. There is added to chapter 46.20 RCW a new
the bet the anandatozysection to read as follows:
46.20. Rithatan&n4ew
' )) issue an occupational In issuing an order staying the mandatory suspension or revocation of a
driver's license and may set definite restrictions as provided in section (( )) person's driver's license so that the person may apply for an occupational
26 of this act. No person may petition for, and the (( driver's license under RCW 46.20.391, the court shall describe the type of
�)) department shall not issue an occupational driver's license occupation permitted and shall set forth in detail the specific hours of the
that is effective duanIt the first thirty days of any suspension or revocation day during which the person may drive to and from his place of work, which
imposed under RCW 46.61.515 or pursuant to section 4(1)(b)(i) of this act may not exceed twelve hours in any one day; the days of the week during
A DerSOn aimrieved b the decision of the department on theapplicationwhich the license may be used; and the general routes over which the person
an occupational driver's license may request a hearing as provided by ded rule may travel.
of the department
Any restrictions shall be prepared in written form by the department,
(2) An applicant for an occupational driver's license is eligible to receive which document shall be carried in the vehicle at all times and presented to
such license only if: ? a law enforcement officer under the same terms as the occupational driver's
(a) Within one year immediately preceding the present conviction or license. Any violation of the restrictions constitutes a violation of RCW 46-
administrative action the applicant has not been convicted of any offense 1 .20.342 and subjects the person to all procedures and penalties therefor.
relating to motor vehicles for which suspension or revocation of a driver's
license is mandatory; and NEW SECTION. Sec. 26. There is added to chapter 46.20 RCW a new
section to read as follows:
(b) Within five years immediately preceding the present conviction orln issuingan occupational driver's river's license under RCW 46.20.391, the
administrative action the applicant has not been convicted more than once department shall describe the type occupation rmitted and shall set
of driving or being in actual physical control of a motor vehicle while under of occu pe
the influence of intoxicating liquor under RCW 46.61.502 or 46.61.504, of � forth in detail the specific hours of the day during which the person may
twelve hours in
vehicular homicide under RCW 46.61.520 or of vehicular assault under drive to and from his place of work, wring h ch the liay not cense e may be used;
an one day; the days of the week Burin w
section 2, chapter ... (ESB 3106) Laws of 1983, or had a license adminis- j and the general routes over which the person may travel. These restrictions
tratively suspended or revoked under section 4 of this act; and
(c) The applicant is engaged in an occupation or tshall be prepared in written form by the department, which document shall
rade that makes it es- be carried in the vehicle at all times and presented to a law enforcement
ofi5cer under the same terms as the occupational driver's license. Any viola-
(d) The applicant files satisfactory proof of financial responsibility pur- tion of the restrictions constitutes a violation of RCW 46.20.342 and sub-
suant to chapter 46.29 RCW.
(3) (( jects the person to all procedures and penalties therefor.
NEW SECTION. Sec. 27. There is added to chapter 46.61 RCW a new
section to read as follows:
-rati of lotThe refusal of a person to submit to a test of the alcoholic content of his
blood under RCW 46.20.308 is admissible into evidence at a subsequent
M ii
j criminal trial without any comment and with a jury instruction, where ap-
aTr.r 303 -of plicable, that there shall be no speculation as to the reason for the refusal
fes)) The director shall cancel an occupational driver's license upon re- and that no inference is to be drawn from the refusal.
ceipt of notice that the holder thereof has had a driver's license administra- NEW SECTION. Sec. 28. There is added to chapter 46.61 RCW a new
tivel_y suspended or revoked under section 4 of this act .._ has been convicted section to read as follows:
d
[ASO 1
-
7511
Ch. 165 WASHINGTON LAWS, 1983 WASHINGTON LAWS, 1983 Ch. 165
(a) On the first conviction under either offense, be suspended by the de- makes it essential that the petitioner operate a motor vehicle may stay the
partment until the person reaches age nineteen or forn
(( )) effect of the mandatory suspension or revocation, notwithstanding RCW
ninety days((. That the eou.t may jeconnnend that no sus
46.20.270, for a period of not more than thirty days and may set definite
)n action be t A whichever is longer. The department of licensing restrictions as ((to how of the day which may not exceed twelve hou.. in
shall determine the person's eligibility for licensing based upon the reports t
any one day, days of the week, type of occupation, alid meas o, toutes o
provided by the designated alcoholism agency or probation department and )) provided in section
shall deny reinstatement until enrollment and participation in an approved 25 of this act. No person may petition for, and the court may not order, a
program has been established and the person is otherwise qualified; stay affecting the first thirty days of any suspension or revocation imposed
(b) On a second conviction under either offense within a five-year peri- under RCW 46.61.515.
od, be ((suspended)) revoked by the department for ((n (2) An applicant for an occupational driver's license is eligible to receive
days)) one year. The department of licensing shall determine the person's such license only if:
eligibility for licensing based upon the reports provided by the designated (a) Within one year immediately preceding the present conviction the
alcoholism agency or probation department and shall deny reinstatementapplicant has not been convicted of any offense relating to motor vehicles
until satisfactory progress in an approved program has been established and
the person is otherwise qualified; for which suspension or revocation of a driver's license is mandatory; and
(b) Within five years immediately preceding the present conviction the
(c) On a third or subsequent conviction (( )) of applicant has not been convicted more than once of driving or being in ac-
driving or being in physical control of a motor vehicle while under the in tual physical control of a motor vehicle while under the influence of intoxi-
fluence of intoxicating liquor or drugs, vehicular homicide, or vehicular as cating liquor under RCW 46.61.502 or 46.61.504, of vehicular homicide
sault, or any combination thereof within a five-year period, be revoked by ' under RCW 46.61.520, or of vehicular assault under section 2 ((of-this
the department for two years.
act)), chapter ... (ESB 3106), Laws of 1983; and
(6) In any case provided for in this section, where a driver's license is to ; (c) The applicant is engaged in an occupation or trade ((whielt)) that
be revoked or suspended, the revocation or suspension shall be stayed and f makes it essential that he or she operate a motor vehicle; and
shall not take effect until after the determination of any appeal from the (d) The applicant files satisfactory proof of financial responsibility pur-
conviction which may lawfully be taken, but in case the conviction is sus- ' suant to chapter 46.29 RCW.
tained on appeal the revocation or suspension takes effect as of the date that
i (3) The department, upon receipt of an application and the prescribed
the conviction becomes effective for other purposes.
fee, may issue an occupational driver's license to any person eligible under
NEW SECTION. Sec. 22. There is added to chapter 46.20 RCW a new this section (( )) that permits
section to read as follows: ` the operation of a motor vehicle only within the limits established by the
A suspension or revocation of the license, permit, or nonresident rivi- court and only when the operation is essential to the licensee's occupation or
lege to drive that is required to be imposed by the department of licensing trade. No person may apply for, and the department may not issue, an oc-
under RCW 46.61.515 shall be coordinated by the department with any cupational license for the first thirty days of any suspension or revocation
suspension or revocation which has been imposed by the department follow- imposed under RCW 46.61.515.
ing any civil action it may have taken pursuant to sections 3 through 12 of (4) The director shall cancel an occupational driver's license upon re-
this act arising out of the same arrest, as required by section 11 of this act. ceipt of notice that the holder thereof has been convicted of operating a
Sec. 23. Section 1, chapter 5, Laws of 1973 as last amended by section motor vehicle in violation of its restrictions, or of an offense ((which)) that
4, chapter ... (ESB 3106), Laws of 1983 and RCW 46.20.391 are each f pursuant to chapter 46.20 RCW would warrant suspension or revocation of
amended to read as follows: a regular driver's license. The cancellation is effective as of the date of the
(1) Any person licensed under this chapter who is convicted of an of- conviction, and continues with the same force and effect as any suspension
fense relating to motor vehicles for which suspension or revocation of the i or revocation under this title.
driver's license is mandatory, other than vehicular homicide or vehicular = Sec. 24. Section 1, chapter 5, Laws of 1973 as last amended by section
assault, may petition the court for a stay of the effect of the mandatory i 23 of this act and RCW 46.20.391 are each amended to read as follows:
suspension or revocation for the purpose of submitting to the department an (1) Any person licensed under this chapter whose driving privilege has
application for an occupational driver's license. The court upon determining been suspended or revoked under section 4(1)(b)(i) of this act or who is
that the petitioner is engaged in an occupation or trade ((which)) that convicted of an offense relating to motor vehicles for which suspension or
17491 [7491
Ch. 165 WASHINGTON LAWS, 1983 WASHINGTON LAWS, 1983 - Ch. 165
fund for the exclusive use of the department in implementing sections 3 granting the suspension or deferral and the facts upon which the suspension
through 12 of this act. or deferral is based. If, at the time of a second or subsequent conviction, the
Sec. 21. Section 62, chapter 155, Laws of 1965 ex. secs. as last amended driver is without a license or permit because of a previous suspension or re-
by section 1, chapter ...(SHB 498), Laws of 1983 and RCW 46.61.515 are vocation, the minimum mandatory sentence shall be ninety days in jail and
each amended to read as follows: a two hundred dollar fine. The penalty so imposed shall not be suspended or
(1) Every person who is convicted bf a violation of RCW 46.61.502 or l
deferred. The person shall, in addition, be required to complete a diagnostic
46.61.504 shall be punished by imprisonment for not less than twenty—four i evaluation by an alcoholism agency approved by the department of social
consecutive hours nor more than one year, and by a fine of not more than ' and health services or a qualified probation department approved by the de-
Mive)) seven hundred fifty dollars. Twenty—four consecutive hours of the partment of social and health services. The report shall be forwarded to the
jail sentence shall not be suspended or deferredunless the judge finds that department of licensing. If the person is found to have an alcohol or drug
the imposition of the jail sentence will pose a risk to the defendant's physi- problem requiring treatment, the person shall complete treatment at an ap-
proved alcoholism treatment facility or approved drug treatment center.
sus-
pended 8
pe or deferred the judge dge must state, in writing, the reason for granting In addition to any nonsuspendable and nondeferrable jail sentence re-
the suspension or deferral and the facts upon which the suspension or de- quired by this subsection, the court shall sentence a person to a term of im-
ferral is based. The court may impose conditions of probation that may in- i prisonment not exceeding one hundred eighty days and shall suspend but
clude nonrepetition, alcohol or drug treatment, supervised probation, or shall not defer the sentence for a period not exceeding two years. The sus-
other conditions that may be appropriate. The convicted person shall, in pension of the sentence may be conditioned upon nonrepetition, alcohol or
addition, be required to complete a course in an alcohol information school drug treatment, supervised probation, or other conditions that may be ap-
approved by the department of social and health services or more intensive i propriate. The sentence may be imposed in whole or in part upon violation
treatment in a program approved by the department of social and health
of a condition of suspension during the suspension period.
services, as determined by the court. A diagnostic evaluation and treatment I (3) There shall be levied and paid into the highway safety fund of the
recommendation shall be prepared under the direction of the court by an ' state treasury a penalty assessment in the minimum amount of twenty—five
alcoholism agency approved by the department of social and health services percent of, and which shall be in addition to, any fine, bail forfeiture, or
or a qualified probation department approved by the department of social i costs on all offenses involving a violation of any state statute or city or
and health services. A copy of the report shall be forwarded to the depart- 1 county ordinance relating to driving a motor vehicle while under the influ-
ment of licensing. Based on the diagnostic evaluation, the court shall deter- ence of intoxicating liquor or being in actual physical control of a motor
mine whether the convicted person shall be required to complete a course in i vehicle while under the influence of intoxicating liquor. All funds derived
an alcohol information school approved by the department of social and ' from the penalty assessment are in addition to and exclusive of assessments
health services or more intensive treatment in a program approved by the made under RCW 46.81.030 and are for the exclusive use of the depart-
department of social and health services. Standards for approval for alcohol j ment for driver services programs and for a state—wide alcohol safety action
treatment programs shall be prescribed by rule under the administrative j program,or other similar programs designed primarily for the rehabilitation
procedure act, chapter 34.04 RCW. The courts shall periodically review the or control of traffic offenders. The penalty assessment shall be included in
costs of alcohol information schools and treatment programs within their any bail schedule and shall be included by the court in any pronouncement
jurisdictions. of sentence.
(2) On a second or subsequent conviction for driving or being in physi- ; (4) Notwithstanding the provisions contained in chapters 3.16, 3.46,
cal control of a motor vehicle while under the influence of intoxicating li- 3.50, 3.62, or 35.20 RCW, or any other section of law, the penalty assess-
quor or drugs within a five—year period a person shall be punished by ment provided for in subsection (3) of this section shall not be suspended,
imprisonment for not less than seven days nor more than one year and by a waived, modified, or deferred in any respect, and all moneys derived from
fine of not more than one thousand five hundred dollars. District courts and 1 the penalty assessments shall be forwarded to the highway safety fund to be
courts organized under chapter 35.20 RCW are authorized to impose such , used exclusively for the purposes set forth in subsection (3) of this section.
fine The ,fail sentence shall not be suspended or deferred unless the judge (5) The license or permit to drive or any nonresident privilege of any
finds that the imposition of the jail sentence will pose a risk to the defend- i person convicted of driving or being in physical control of a motor vehicle
ant's physical or mental well—being. Whenever the mandatory jail sentence while under the influence of intoxicating liquor or drugs shall:
is suspended or deferred, the judge must state, in writing, the reason for
17461
17471
Ch. 165 WASHINGTON LAWS, 1983 WASHINGTON LAWS, 1983 Ch. 163
Sec. 18. Section 27,chapter 121, Laws of 1965 ex. sess. as last amended another state, province, or other jurisdiction involving (a) the operation or
by section 17 of this act and RCW 46.20.311 are each amended to read as physical control of a motor vehicle upon the public highways whilc under
follows: the influence of intoxicating liquor or drugs, or (b) the refusal to submit to
(1) The department shall not suspend a driver's !icense or privilege to a chemical test of the driver's blood alcohol content, the reinstatement fee
drive a motor vehicle on the public highways for a fixed period of more than shall be fifty dollars.
one year, except as permitted under RCW 46.20.342 or 46.61.515. When- '
ever the license of any person is suspended by reason of a conviction, a NEW SECTION. Sec. 19: There is added to chapter 46.68 RCW a new
finding that a traffic infraction has been committed, or pursuant to RCW i section to read as follows:
(1) Until July 1, 1984, thirty dollars of any driver's license reinstate-
46.20.291, the suspension shall remain in effect and the department shall ment fee paid under RCW 46.20.311 when the suspension or revocation was
not issue to the person any new, duplicate, or renewal license until the per-
son pays a reinstatement fee of twenty dollars and gives and thereafter for a violation involving (a) the operation or physical control of a motor ve-
maintains proof of financial responsibility for the future as provided in hicle upon the public highways while under the influence of intoxicating li-
cha ter 46.29 W quor or drugs, or (b) the refusal to submit to a chemical test of the driver's
RCW. If the suspension s nsion i
s the result f
Pe o a violation
46.61.502 or 46.61.504 or was imposed under section 4 1 of RCW blood alcohol content, shall be deposited by the department in the DWI
act, the reinstatement fee shall be fifty dollars. ( ) (a) or (b) of this impact account, hereby created, of the general fund.
(2) Any person whose license or privilege to drive a motor vehicle on the (2) By December 31, 1983, and by August 1, 1984, the office of finan-
cial management shall distribute the proceeds of the DWI impact account
public highways has been revoked, unless the revocation was for a cause
which has been removed, is not entitled to have the license or privilege re- to the counties for the increased needs of the courts, the prosecuting attor-
neys,or restored until: (a) After the expiration of one year from the date neys, the public defenders, and local law enforcement in handling cases in-
on which the revoked license was surrendered to and received by the de- volving driving while intoxicated. To receive a grant from the DWI impact
de-
partment; b after the a account, a county.shall establish, to the satisfaction of the office of financial
Pa ( ) expiration of the applicable P ble revocation
PP period pro- management, its need for the funds, that a satisfactory effort by the county
vided by RCW 46.61.515(5) (b) or (c); (c) after the expiration of two years
for persons convicted of vehicular homicide; (d) after the expiration of one is being maintained to the extent possible with available funds, and that lo-
year in cases of revocation for the first refusal within five years to submit to cal resources have been exhausted.
a chemical test under RCW 46.20.308; or (e) after the expiration of two { (3) In making grants from the DWI impact account, the office of finan-
years in cases of revocation for the second refusal within five years to sub- cial management shall consider the following:
mit to a chemical test under RCW 46.20.308. After the expiration of the (a) The number of arrests for driving while intoxicated made in the
appropriate period, the y PP county in the immediately preceding fiscal year;
pe person may make application for a new license as , (b) The percentage of change over the corresponding number for the
provided by law together with a reinstatement fee in the amount of twenty
dollars, but if the revocation is the result of a violation of RCW 46.20.308, second preceding fiscal year;
46.61.502, or 46.61.504, the reinstatement fee shall be fifty dollars. The de-
partment shall not then issue a new license unless it is satisfied after inves- ! for the current fiscal year;
tigation of the driving ability of the person that it will be safe to grant the i (d) Increases in financial support provided by counties for enforcement
and conviction relating to offenses involving driving while intoxicated; and
privilege of driving a motor vehicle on the public highways, and until the
person gives and thereafter maintains proof of financial responsibility for (e) The increase in efforts of law enforcement agencies to arrest persons
the future as provided in chapter 46.29 RCW. A resident without a license violating laws against driving while intoxicated.
or permit whose license or permit was denied under (( (4) This section shall expire on August 31, 1984.
section 4 of this act shall give and thereafter maintain proof of financial re- NEW SECTION. Sec. 20. There is added to chapter 46.68 RCW a new
sponsibility for the future as provided in chapter 46.29 RCW. section to read as follows:
(3) Whenever the driver's license of any person is suspended pursuant to After June 30, 1984, thirty dollars of any driver's license reinstatement
Article IV of the nonresident violators compact or RCW 46.23.020, the fee paid under RCW 46.20.311 when the suspension or revocation was for a
suspension shall remain in effect and the department shall not issue to the violation involving (a) the operation or physical control of a motor vehicle
person any new or renewal license until the person pays a reinstatement fee upon the public highways while under the influence of intoxicating liquor or
of twenty dollars. If the suspension is the result of a violation of the laws of drugs, or (b) the refusal to submit to a chemical test of the drivcr's blood
alcohol content, shall be deposited by the department in the highway safety
1 744 1 1 745 1
Ch. 165 WASHINGTON LAWS, 1983 WASHINGTON LAWS, 1983 Ch. 165
(00))L71 Reckless driving upon a showing by the department's records dollars and ((shall)) gives and thereafter maintains proof of financial re-
that the conviction is the third such conviction ((vf-such)) for the driver ! sponsibility for the future as provided in chapter 46.29 RCW. If the sus-
within a period of two years. ! pension is the result of a violation of RCW 46.61.502 or 46.61.504, the
Sec. 16. Section 24, chapter 121, Laws of 1965 ex. sess. as amended by reinstatement fee shall be fifty dollars.
section 15 of this act and RCW 46.20.285 are each amended to read as (2) Any person whose license or privilege to drive a motor vehicle on the
follows: public highways has been revoked ((shall)), unless the revocation was for a
The department shall forthwith revoke the license of any driver for the cause which has been removed, is not ((be)) entitled to have ((such)) the
period of one year unless otherwise provided in this section, upon receiving a license or privilege renewed or restored ((unless the evocation was Fo, a
record of the driver's conviction of any of the following offenses, when the eause which has been zenieved,
conviction has become final: inenths in cases of revocation fo, zefusal to subirwit to a chemic-0 test ande,
(1) For vehicular homicide the period of revocation shall be two years; f RC-W 308 '
and in all
(2) Vehicular assault; othe. sevoeation eases)) until: a After the expiration of one year from the
(3) Driving a motor vehicle while under the influence of intoxicating li- date on which the revoked license was surrendered to and received by the
quor or a narcotic drug,or under the influence of any other drug to a degree department ((;such)); (b) after the expiration of the applicable revocation
.vehicle, upon a period provided by RCW 46.61.515(5) (b) or (c); (c) after the expiration of
which renders him incapable of safely driving a motor
showin b the department's re two ears for persons convicted of vehicular homicide d after the ex ira-
g Y p cords that the conviction is the second such ' p
conviction for the driver within a period of five years. Upon a showing that tion of one year in cases of revocation for the first refusal within five years
the conviction is the third such conviction for the driver within a period of to submit to a chemical test under RCW 46.20.308; or (e) after the expira-
five years, the period of revocation shall be two years. A revocation imposed tion of two years in cases of revocation for the second refusal within five
under this subsection shall run concurrently with any corresponding revoca years to submit to a chemical test under RCW 46.20.308. After the expira-
tion which may be imposed by the department pursuant to section 4 of this tion of the appropriate period, the person may make application for a new
_act or RCW 46.61.515(5) arising out of the same arrest; license as provided by law together with ((an additional)) a reinstatement
(4) Any felony in the commission of which a motor vehicle is used; fee in the amount of twenty dollars, but if the revocation is the result of a
(5) Failure to stop and give information or render aid as required under violation of RCW 46.20.308, 46.61.502, or 46.61.504, the reinstatement fee
the laws of this state in the event of a motor vehicle accident resulting in shall be fifty dollars. The department shall not then issue a new license un-
the death or personal injury of another; less it is satisfied after investigation of the driving ability of ((such)) the
(6) Perjury or the making of a false affidavit or statement under oath to person that it will be safe to grant the privilege of driving a motor vehicle
the department under Title 46 RCW or under any other law relating to the on the public highways, -and until ((such)) the person ((shall)) gives and
ownership or operation of motor vehicles; thereafter maintains proof of financial responsibility for the future as pro-
(7) Reckless driving upon a showing by the department's records that vided in chapter 46.29 RCW. A resident without a license or permit whose
the conviction is the third such conviction for the driver within a period of license or permit was denied under RCW 46.20.308(3) shall give and
two years. , thereafter maintain proof of financial responsibility for the future as pro-
Sec. 17. Section 27,chapter 121, Laws of 1965 ex. sess. as last amended vided in chapter 46.29 RCW.
by section 5, chapter 212, Laws of 1982 and RCW 46.20.311 are each (3) Whenever the driver's license of any person is suspended pursuant to
amended to read as follows: + Article IV of the nonresident violators compact or RCW 46.23.020, the
(1) The department shall not suspend a driver's license or privilege to
suspension shall remain in effect and the department shall not issue to the
person any new or renewal license until the person ((shall)) pays arein-
one year, except as permitted under RCW 46.20.342 or 46.61.515. When-
drive amotor vehicle on the public highways for a fixed period of more than � statement fee of twenty dollars. If the suspension is the result of a violation
111
ever the license of any person is suspended by reason of a conviction, a ] of the laws of another state, province, or other jurisdiction involving (a) the
finding that a traffic infraction has been committed, or pursuant to RCW operation or physical control of a motor vehicle upon the public highways
46.20.291, ((such)) the suspension shall remain in effect and the de artment while under the influence of intoxicating liquor or drugs, or (b) the refusal
p i to submit to a chemical test of the driver's blood alcohol content, the rein-
shall not issue to ((such)) the person any newt duplicate, or renewal ((of)) statement fee shall be fifty dollars.
license until ((such)) the person ((sha*)) pays a reinstatement fee of twenty
i
17421 1 17431
L --— —
Ch. 165 WASHINGTON LAWS, 1983 i WASHINGTON LAWS, 1983
Ch. 165
(4) The actual costs of preparing and transmitting the record to superior Sec. 13. Section 46.04.480, chapter 12, Laws of 1961 as amended by
court shall be borne by the petitioner and awarded by the court to the de-
partment if the department's decision is affirmed. The costs shall be borne section 7, chapter 62, Laws of 1979 and RCW 46.04.480 are each amended
by the department if the department's decision is remanded or reversed. to read as follows:
"Revoke," in all its forms, means the invalidation for a period of one
NEW SECTION. Sec. 10. When it has been finally determined under calendar year and thereafter until reissue: PROVIDED, That under the
the procedures of sections 4 through 8 of this act that a nonresident's privi- provisions of RCW 46.20.285, 46.20.311, or 46.61.515 and chapter 46.65
lege to operate a motor vehicle in this state has been suspended or revoked, RCW the invalidation may last for a period ((to-exeeed)) other than one
the department shall give information in writing of the action taken to the calendar year.
motor vehicle administrator of the state of the person's residence and of any Sec. 14. Section 46.04.480, chapter 12, Laws of 1961 as last amended
state in which the person has a driver's license. by section 13 of this act and RCW 46.04.480 are each amended to read as
NEW SECTION. Sec. 11. When the department is required to suspend, follows:
revoke, or deny a person's license, permit, or nonresident privilege to drive "Revoke," in all its forms, means the invalidation for a period of one
under either section 4 of this act or under RCW 46.61.515(5), and (1) the calendar year and thereafter until reissue: PROVIDED, That under the
department has earlier imposed a suspension, revocation, or denial under provisions of RCW 46.20.285 46.20.311
the other of those two provisions or is preparing to do so, and (2) each of his act and chapter 46.65 RCW the invalidation may for1.515,
section 4 of
P y period other
those two sanctions has been required as the result of civil or criminal pro- than one calendar year.
ceedings arising from the same arrest, the department shall proceed as
follows: Sec. 15. Section 24, chapter 121, Laws of 1965 ex. secs. and RCW 46-
.20.285 are each amended to read as follows:
(a) If the civil and criminal sanctions imposed or to be imposed are for The department shall forthwith revoke the license of any driver for the
the same,minimum length of time, the suspension, revocation, or denial im-
ffective Period of one calendar year unless otherwise provided in this section, upon
posed by the department is limited to that first imposed and fully e
under one of those provisions; receiving a record of((such)) the driver's conviction of any of the following
(b) If the civil and criminal sanctions are of different minimum lengths offenses, when ((such)) the conviction has become final:
of time, the department shall impose (1) (( )) For vehicular homicide ffl mrn}ting
the sanction of longer duration. If theopeintion mato, vehicl )) the period of revocation shall be two
sanction with the shorter minimum duration has earlier been imposed by
the department, the department shall reduce the minimum duration of the ears;
longer revocation by the number of days the license (2) Vehicular assault;
Y , permit, or privilege to
drive was actually under suspension, revocation, or denial pursuant to the � Driving a motor vehicle while under the influence of intoxicating li-
earlier action by the department. i quor or a narcotic drug, or under the influence of any other drug to a degree
If a suspension, revocation, or denial of a person's license, permit, or ' which renders him incapable of safely driving a motor vehicle, upon a
nonresident privilege to drive would have been imposed by the department I showing by the department's records that the conviction is the ((third))
I second such conviction ((of--stteh)) for the driver within a period of five
under section 4 of this act but for the operation of this section, the suspen- I
Sion, revocation, or denial shall be treated as if it had been imposed for the Years. Upon a showing that the conviction is the third such conviction for
the driver within a period of five years, the period of revocation shall be two
purposes of determining the minimum duration of subsequent suspensions or
revocations required under that section. ears;
(Q-3,))) ill Any felony in the commission of which a motor vehicle is
NEW SECTION. Sec. 12. (1) The director, or his or her designee, shall used;
administer and enforce the provisions of sections 3 through 11 of this act. ((f#))) L51 Failure to stop and give information or render aid as re-
The director may adopt such rules as he or she deems necessary to carry out quired under the laws of this state in the event of a motor vehicle accident
the purposes of sections 3 through I 1 of this act. resulting in the death or personal injury of another;
(2) The department shall prescribe and provide such forms as it deems ((f-5))) jl�j Perjury or the making of a false affidavit or statement under
necessary or desirable to carry out the purposes of sections 3 through 11 of oath to the department under Title 46 RCW or under any other law relat-
this act. ing to the ownership or operation of motor vehicles;
17401
17411
In
Ch. 165 WASHINGTON LAWS, 1983 1 ' WASHINGTON LAWS, 1983 Ch. 166
NEW SECTION. Sec. 43. The standing committees on transportation
and judiciary of the state senate and house of representatives, with the as- the application of the provision to other persons or circumstances is not
sistance of the department of licensing, shall conduct a joint study to ana- affected.
lyze and evaluate the issues involved in authorizing administrative Passed the House April 24, 1983.
revocation of the driver's license of a person who operates a motor vehicle ApprPassed the Senate April r May
1
83.
while under the influence of alcohol. The study shall include an analysis and Filed i ed by the Governor May 11, 19ay
evaluation of other states that have enacted statutes that provide for ad-
ministrative revocation of driver's licenses, the effects on reducing drunken
driving, the cost of implementing and administering such a program, and
any impacts on the criminal justice system. CHAPTER 166
The committees shall submit a report that includes their findings and [Senate Bill No. 34921
recommendations, together with proposed legislation, to the legislature be- NONRESIDENT TUITION AND FEES—HIGHER EDUCATION RECIPROCITY
fore January 1, 1984. AN ACT Relating to higher education;adding new sections to chapter 223, Laws of 1969 ex.
NEW SECTION. Sec. 44. The legislature finds that previous attempts secs.and to chapter 288.15 RCW;and providing an expiration date.
to curtail the incidence of driving while intoxicated have been inadequate. Be it enacted by the Legislature of the State of Washington:
The legislature further finds that property loss, injury, and death caused by NEW SECTION. Sec. 1. There is added to chapter 223, Laws of 1969
drinking drivers have reached unacceptable levels. This act is intended to ex. sess. and to chapter 28B.15 RCW a new section to read as follows:
convey the seriousness with which the legislature views this problem. To The state board for community college education and the boards of
that end the legislature seeks to insure swift and certain punishment for trustees of the state's community colleges, The Evergreen State College,
those who drink and drive. The legislature does not intend to discourage or and the regional universities and boards of regents of the University of
deter courts and other agencies from directing or providing treatment for Washington and Washington State University shall waive the payment of
problem drinkers. However, it is the intent that.such treatment, where ap- nonresident tuition and fees by residents of Idaho, upon completion of and
propriate, be in addition to and not in lieu of the sanctions to be applied to to the extent permitted by an agreement between the council for postsecon-
all those convicted of driving while intoxicated. dary education and appropriate officials and agencies in Idaho granting
Sec. 45. Section 12, chapter 244, Laws of 1975 1st ex. cess. and RCW similar waivers for residents of the state of Washington.
10.05.120 are each amended to read as follows: NEW SECTION. Sec. 2. There is added to chapter 223 Law
� p sof 1969
((Two)) Five years from the date oft ex. sess. and to chapter 28B.
he courts approval of deferred y 15 RCW a new section to read c follows:
prosecution for an individual defendant, those dockets that remain in the Prior to January 1 of each odd—numbered year, the council for postsec-
special court deferred prosecution file relating to such defendant shall be ondary education, in.cooperation with the state board for community col-
dismissed and the records removed. = lege education and in consultation with appropriate agencies and officials in
NEW SECTION. Sec. 46. Sections 3 through 12 of this act are added the state of Idaho, shall determine for the purposes of section 1 of this act
to chapter 46.20 RCW. the number of students for whom nonresident tuition and fees have been
waived for the first academic year of the biennium and the fall term of the
NEW SECTION. Sec. 47. Sections 2, 3 through 12, 14, 16, 18, 22, 24, second academic year, and make an estimate of the number of such stu-
and 26 of this act shall take effect on January 1, 1985. The remainder of s dents for the remainder of the second academic year, and the difference be
this act is necessary for the immediate preservation of the public peace, tween the aggregate amount of tuition and fees that would have been paid
health, and safety, the support of the state government and its existing ( to the respective states by residents of the other state had such waivers not
public institutions, and shall take effect on July 1, 1983. The director of li- been made, and the aggregate amount of tuition and fees paid by residents
censing may immediately take such steps as are necessary to insure that all of the other state. Should the council determine that the state of Idaho has
sections of this act are implemented on their respective effective dates. I
experienced a greater net tuition and fee revenue loss than institutions in
NEW SECTION. Sec. 48. If any provision of this act or its application Washington, it shall pay from funds appropriated for this purpose to the
or circaPPropriate agency or institution in Idaho an amount determined by sub-
to any person umstance is held invalid, the remainder of the act or
tracting the net tuition and fee revenue loss of Washington from the net tu-
ition and fee revenue loss of Idaho, minus twenty—five thousand dollars for
i
[7581
191591