ORD 94-19 MUNICIPAL CODE UPDATE DECLARING EMERGENCYORDINANCE NO. 94-19
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to the City's criminal code; amending Sections
2.20.010, 9.04.020, 9.10.010, 9.21.010, and 9.23.010; adding
new sections to Chapters 9.80 and 10.04 of the Bainbridge Island
Municipal Code; and declaring an emergency.
WHEREAS, in the 1994 legislative session, the State Legislature made several
additions and amendments to state laws regarding crimes which will be effective July 1, 1994;
and
WHEREAS, the City Council has determined that it is in the best interests of the
City to incorporate the changes in state law into the City's criminal code provisions; now,
therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN as follows:
Section 1. Section 2.20.010 of the Bainbridge Island Municipal Code is amended
to read as follows:
2.20.010 Court established. There is established a municipal court entitled "the
Municipal Court of the City of Bainbridge Island," hereinafter referred to as
"Municipal Court," which court shall have jurisdiction and shall exercise all
powers enumerated herein and in Chapter 3.50 RCW, as presently existing or
hereafter amended, together with such other powers and jurisdiction as are
generally conferred upon such court in this State either by common law or by
express statute.
Section 2. Section 9.04.020 of the Bainbridge Island Municipal Code is amended
to read as follows:
9.04.020 Cruelty to animals.
A person is guilty of cruelty to animals if the person
intentionally or recklessly kills or injures any animal belonging to another
without legal privilege or consent of the owner.
B. The following statutes of the State of Washington, as presently
existing or hereafter amended, are adopted by reference:
Chapter 261, Sections 2 and 9. Laws of 1994.
16.52.095 Cuttine ears - Misdemeanor.
16 52 117 Dog fighting - Owners, trainers, spectators -
Excottions.
16 52 200 Sentences - Forfeiture of animals - Liablility for costs -
Civil penalty.
C. This section shall not be construed to prohibit accepted veterinary practices by
veterinarians.
Section 3. Section 9. 10.010 of the Bainbridge Island Municipal Code is amended to read
as follows:
9.10.010 Fire arms and dangerous weapons — Prohibitions. The following
statutes of the State of Washington are adopted by reference:
9.41.010
Terms defined.
9.41.030
Being armed prima facie evidence of intent.
9.41.040
Unlawful possession of a short firearm or pistol —
Certain persons not precluded from ownership of
firearms.
9.41.050
Carrying pistol.
9.41.060
Exception.
9.41.070
Issuance of licenses to carry.
9.41.080
Delivery to minors and others forbidden.
9.41.090
Commercial sales regulated — Application to
purchase — Grounds for denial.
9.41.093
Exemptions.
9.41.095
Denial of application — Appeal.
9.41.098
Forfeiture of firearms, order by courts — Return to owner
— Confiscation by law enforcement officer.
9.41.100
Dealer's licenses, by whom granted and condition thereof
— Wholesale sales excepted — Permits prohibited.
9.41.120
Certain transfers forbidden.
9.41.130
False information forbidden.
9.41.140
Alteration of identifying marks prohibited.
9.41.150
Exemptions — Antique firearms.
9.41.170
Alien's license to carry firearms — Exception.
9.41.180(1)
Setting spring gun.
9.41.185
Coyote getters.
F:\DMS\RAL\0062462.01 06/28/94 - 2 -
9.41.190
Machine guns prohibited — Exception.
9.41.200
Machine gun defined.
9.41.210
Penalty.
9.41.230
Aiming or discharging firearms.
9.41.240
Use of firearms by minor.
9.41.250
Dangerous weapons — Evidence.
9.41.260
Dangerous exhibitions.
9.41.270
Weapons apparently capable of producing bodily
harm, carrying, exhibiting, displaying or drawing
9.46.195
unlawful — Penalty — Exceptions.
9.41.280
Students carrying dangerous weapons on school
property.
9.41.300
Firearms prohibited in certain places - Local laws and
ordinances - Exceptions - Penalty.
Chapter 7, Section 429 Laws of 1994 First Extraordinary
Session.
Section 4. Section 9.21.010 of the Bainbridge Island Municipal Code is amended to read
as follows:
9.21.010 Gambling. The following statutes of the State of Washington are
adopted by reference:
9.46.160
Conducting activity without license as
violation — Penalties.
9.46.170
False or misleading entries or statements,
refusal to produce records, as violations —
Penalty.
9.46.185
Causing person to violate rule or regulation
as violation — Penalty.
9.46.190
Violations relating to fraud or deceit —
Penalty.
9.46.195
Obstruction of public servant in
administration or enforcement as violation —
Penalty.
9.46.196
Defrauding or cheating other participant or
operator as violation — Causing another to
do so as violation — Penalty.
9.46.198
Working and gambling activity without
license as violation — Penalty.
9.46.220
Professional gambling as violation —
Penalty.
9.46.222
Professional gambling in the third degree.
FADMS\RAL\0062462.01 06/28/94 - 3 -
9.46.225
Professional gambling — Penalties not
9.61.250
applicable to authorized activities.
9.46.230(4),(5)
Owning, buying, selling, etc., gambling
9A.46.020
devices or records — Penalties.
9.46.235
Slot machines, antique — Defenses
9A.46.040
concerning — Presumption created.
9.46.240
Gambling information, transmitting or
9A.46.050
receiving as violation — Penalty.
9.46.260
Proof of possession as evidence of
9A.46.070
knowledge of its character.
9.46.310
Licenses for manufacturer, sales distribution
9A.46.090
or supply of gambling devices.
Chapter 218, Section 10, Laws of 1994.
9.47.080 Bucketshop defined.
9.47.090 Maintaining bucketshop — Penalty.
Section 5. Section 9.23.010 of the Bainbridge Island Municipal Code is amended to read
as follows:
9.23.010 Harassment. The following statutes of the State of Washington are
adopted by reference:
9.61.240 Telephone calls to harass, intimidate, torment, or
FADMS\RAL\0062462.01 06/28/94 - 4 -
embarrass — Permitting.
9.61.250
Telephone calls to harass, intimidate, torment, or
embarrass — Offenses, where deemed committed.
9A.46.020
Definition — Penalties.
9A.46.030
Place where committed.
9A.46.040
Court-ordered requirements upon person charged
with crime — Violation.
9A.46.050
Arraignment — No contact order.
9A.46.060
Crimes included in harassment.
9A.46.070
Enforcement of orders restricting contact.
9A.46.080
Order, restricting contact — Violation.
9A.46.090
Nonliability of peace officer.
9A.46.100
"Convicted," time when.
9A.46.110
Stalking.
FADMS\RAL\0062462.01 06/28/94 - 4 -
Section 6. A new section is added to Chapter 9.80 of the Bainbridge Island Municpal
Code to read as follows:
9.80.050 Reckless endan eg rment of him workers. Chapter 141, Sections 1 and 2,
Laws of 1994, as presently existing or hereafter amended, is adopted by reference.
Section 7. A new section is added to Chapter 9.80 of the Bainbridge Island Municpal
Code to read as follows:
9.80.060 Unlawful bus conduct. RCW 9.91.025, Unlawful bus conduct, as presently
existing or hereafter amended, is adopted by reference.
Section 8. A new section is added to Chapter 10.04 of the Bainbridge Island Municpal
Code to read as follows:
10.04.025 Additional statutes adopted by reference. The following statutes of the
state of Washington, as presently existing or hereafter amended, are adopted by reference
as if set forth in full herein:
Chapter 139, Laws of 1994.
Chapter 275, Sections 4, 5, 6, 7, 10, 11, and 12, Laws of 1994.
RCW 46.20.730, as amended by Chapter 275, Section 23, Laws of 1994.
Section 9. A copy of each statute or portion of statute, adopted by reference by this
ordinance shall be authenticated and recorded by the City Clerk together with this ordinance.
Not less than one copy of each such statute or portion of statute, in the form in which it is
adopted, shall be filed in the office of the City Clerk for use and examination by the public.
Section 10. This ordinance, adopted by a majority plus one of the membership of the
City Council, is a public emergency ordinance necessary for the protection of the public health,
safety, property and peace, and shall take effect and be in force on July 1, 1994.
Yl
PASSED by the City Council this � day of June, 1994.
tl-
APPROVED by the Mayor this 'day of June, 1994.
anet . West, Mayor
F:\DMS\RAL\0062462.01 06/28/94 -5 -
ATTEST/AUTHENTICATE:
p�
usan P. Kasper, City Clerk
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK: June 29, 1994
PASSED BY THE CITY COUNCIL: June 30, 1994
PUBLICATION: July 6, 1994
EFFECTIVE DATE: July 1, 1994
ORDINANCE NO.: 94-19
F:\DMS\RAL\0062462.01 06/28/94 - 6 -
Ch. 10, § 1
R SESSION
1994 LAWS
ment, includ-
(2) The parent or legal guardian having the custody of an unemancipated minor who takes
displayed or offered for sale by any wholesale
possession of any goods, wares, or merchandise
store or other mercantile establishment without the consent of the owner or seller
ad as follows: i
I
or retail
and with the intention of converting such goods, wares, or merchandise to his own use without
liable a to the owner or seller for
2.68.020, the
ssments, and
having paid the purchase price thereof, shall be as penalty
the value of such goods, wares, or merchandise not to exceed five hundred dollars plus
the account:
retail
I an additional penalty of not less than one hundred dollars nor more than two hundred dollars,
expended by the owner or seller. The
any penalty
is , of limited
plus all reasonable attorney's fees and court costs
I parent or legal guardian having the custody of an unemancipated minor, who orders a meal in
thereof, and then leaves
purchase price
a restaurant or other eating establishment, receives at least a portion
without paying, is subject to liability under this section. The parent or legal guardian having
1 sum of .ten
the custody of an unemancipated minor, who receives any food, money, credit, lodging, or
house, lodging house, and then leaves without
t for which a
accommodation at any hotel, motel, boarding or
the proprietor, manager, or authorized employee thereof, is subject to liability under
A customer who
paying
this section. For the purposes of this subsection, liability shall not be imposed upon any
for the minor
,ents provided
e and payable
governmental entity, private agency, or foster parent assigned responsibility
child pursuant to court order or action of the department of social and health services.
as each shall(3)
Judgmentsrlaai-net and claims, arising under this section may be assigned.
:tor, manager, or
(4) A conviction for violation of chapter 9A.56 .RCW er-RCIAI—SA5.04g shall not be a
condition precedent to maintenance of a civil action authorized by this section.
�i (5) An owner or seller demanding payment of a penalty under subsection (1) or (2) of this
from whom the penalty is sought.
section shall give written notice to the person or persons
The notice shall state:
"IMPORTANT NOTICE: The payment of any penalty demanded of you does not prevent
criminal prosecution under a related criminal provision."
This notice shall be boldly and conspicuously displayed, in at least the same size type as is
demand for of a penalty described in
I used in the demand, and shall be sent with the payment
subsection (1) of [or] or (2) of this section.
Approved March 21, 1994.
Effective June 9, 1994, 90 days after date of adjournment.
COURTS—MUNICIPAL COURTS—COURT COMMISSIONERS
CHAPTER 10
leaving without `
S.H.B. No. 1339
AN ACT Relating to court commissioners in municipal court; and adding a new section to chapter
1ASHINGTON:
3.50 RCW.
ead as follows:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
-es, or merchan-
NEW SECTION. Sec. 1. A new section is added to chapter 3.50 RCW to read as follows:
ther mercantile i
on of converting
One or more court commissioners may be appointed by a judge of the municipal court.
purchase price
Each commissioner holds office at the pleasure of the appointing judge. A commissioner
be a lawyer who is admitted to practice law in the
r or seller in the
is an additional
authorized to hear or dispose of cases must
state of Washington or a nonlawyer who has passed the qualifying examination for lay judges
dollars, plus all
for courts of limited jurisdiction under RCW 3.34.060.
A customer who
A commissioner need not be a resident of the city or of the county in which the municipal
least a portion
ction. A person
court is created. When a court commissioner has not been appointed and the municipal court
is presided over by a part-time appointed judge, the judge need not be a resident of the city
my hotel, motel,
or of the county in which the municipal court is created.
:tor, manager, or
Approved March 21, 1994.
Additions are Indicated by underline; deletions by strikeout 31
W
r.
Ch. 10, § 1 REGULAR SESSION
Effective June 9, 1994, 90 days after date of adjournment.
RODENT CONTROL—REPEALS
CHAPTER 11
H.B. No. 2138
AN ACT Relating to rodent control; and repealing RCW 17.16.010, 17.16.020, 17.16.030, 17.16.040,
17.16.050, 17.16.060, 17.16.070, 17.16.080, 17.16.090, 17.16.100, 17.16.110, and 17.16.130. i
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The following acts or parts of acts are each repealed:
(1) RCW 17.16.010 and 1921 c 140 s 1;
(2) RCW 17.16.020 and 1921 c 140 s 3;
(3) RCW 17.16.030 and 1921 c 140 s 4;
(4) RCW 17.16.040 and 1921 c 140 s 7;
(5) RCW 17.16.050 and 1921 c 140 s 5;
(6) RCW 17.16.060 and 1921 c 140 s 2;
(7) RCW 17.16.070 and 1921 c 140 s 8;
(8) RCW 17.16.080 and 1921 c 140 s 9;
(9) RCW 17.16.090 and 1921 c 140 s 10;
(10) RCW 17.16.100 and 1921 c 140 s 11; I{
(11) RCW 17.16.110 and 1988 c 202 s 22, 1971 c 81's 57, & 1921 c 140 s 12; and Ij
(12) RCW 17.16.130 and 1950 exs. c 19s 1 & 1921 c 140s 13.
Approved March 21, 1994.
Effective June 9, 1994, 90 days after date of adjournment.
INDIANS—SKOKOMISH TRIBE—JURISDICTION OVER TRIBAL LANDS
CHAPTER 12
i
H.B. No. 2159
AN ACT Relating to jurisdiction over Skokomish tribal lands; and amending KCW 37.12.100,
37.12.110, and 37.12.120.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON
Sec. 1. RCW 37.12.100 and 1988 a 108 s 1 are each amended to read as follows:
It is the intent of the legislature to authorize a procedure for the retrocession, to the
Quileute Tribe, Chehalis Tribe, Swinomish Tribe, Skokomish Tribe, and the Colville Confed-
erated Tribes of Washington and the United States, of criminal jurisdiction over Indians for
acts occurring on tribal lands or allotted lands within the Quileute, Chehalis, Swinomish,
Skokomish, or Colville Indian reservation and held in trust by the United States or subject to
a restriction against alienation imposed by the United States.
RCW 37.12.100 through 37.12.140 in no way expand the Quilcute, Chehalis, Swinomish,
Skokomish, or Colville tribe's criminal or civil jurisdiction, if any, over non -Indians or fee title
property. RCW 37.12.100 through 37.12.140 shall have no effect whatsoever on water rights,
32 Additions are Indicated by underline; deletions by strikeout
1994 LAI
hunting a
the Quile,
pattern o
Skokomis
included
Sec. 2.
Unless
RCW 37.:
(1) "Co
leute Indi
ish resery
ish Indiar
the name
alienation
the preset
created it
(2) "In
Skokomis:
Quileute,
(3) "Tri
Chehalis,
Sec. 3.
Whenev
the Quileu
for the re,
the state I
within nit
jurisdictio
Washingt(
retrocessi(
governme
procedure
tion. The
shall not i
Approve(
Effective
AN ACT
28A.63i
ing an
BE IT
I
Sec. 1.
(1) The
incentives
REGULAR SESSION `"
1994 LAWS
Ch. 260, § 21
now apply to customer
food fish trawl—Non–Puget Sound fishery licenses issued under RCW 75.28.120, Dungeness
under chapter 15.76 Ri
crab—coastal fishery licenses ocean pink shrimp delivery licenses, and shrimp trawl—Non–,
Puget Sound fishery licenses issued under RCW 75.26. 130 may deliver food fish or shellfish
law. It is the intent of
who are accountable tc
taken in offshore waters without a ^^s nonlimited entry delivery license.
NEWNEWS_ ECTION. ;
(3) A .,g.� nonlimited endelivery license try authorizes no taking of food fish or
follows:
shellfish from state waters.
(1) Principles of lial
Sec. 22. RCW 75.28.113 and 1993 sp.s. c 17 s 36 are each amended to read as follows:
(2) Unless the cont
(1) It is unlawful to deliver salmon taken in offshore waters to a place or port in the state
throughout this chapt(
without a salmon delivery license from the director. The annual fee for a salmon delivery
hundred eighty-five dollars for
(a) "Animal" means
license is three hundred eighty dollars for residents and six
The annual surcharge under RCW 75.50.100 is one hundred dollars for each
(b) "Animal care an
authorized
nonresidents.
license. Holders of nons2im nonlimited entry delivery licenses issued under RCW ;;
75.28.125 may apply the aeaealmen nonlimited entry delivery license fee against the salmon '-'
authority
control, licend ng, Or
license fee.
(2) Only a person who meets the qualifications established in RCW 75.30.120 may hold a
organizdelivery
county ordinances goyo'
co(n) "Animal cont
salmon delivery license issued under this section.
taking of salmon or other food fish or shellfish
pursuant to section 5
(3) A salmon delivery license authorizes no
aid in the enforcemen
from the waters of the state.
purposes of this chat
(4) If the director determines that the operation of a vessel under a salmon delivery license
in the depletion or destruction of the state's salmon resource or the delivery into this
"humane officer" as (
(d) "Euthanasia' n
results
state of salmon products prohibited by law, the director may revoke the license under the
that involves instanta
procedures of chapter 34.05 RCW.
painless loss of cons(
NEW SECTION. Sec. 23. (1) Section 15 of this act is added to chapter 75.28 RCW.
(e) "Humane offic
(2) Sections 2 through 10, 13, 16, 17, 19, and 20 of this act are each added to chapter 75.30
animal care and cont
RCW-(f)
NEW SECTION. Sec. 24. If any provision of this act or its application to any person or
the or the application of the provision to
"Law enforcers
agency as defined in
"Necessary fo
circumstance is held invalid, the remainder of act
(g)
other persons or circumstances is not affected.
suitable for the ani
NEW SECTION. Sec. 25. Sections 1 through 5, 9 through 19, and 21 through 24 of this
nutrition for the ani
act shall take effect January 1, 1995.
(h) "Owner" mean
NEW SECTION. Sec. 26. ' Section 8 of this act shall take effect January 1, 1997.
to an animal or a
(i) "Person" mea
Approved April 1, 1994.
Generally effective June 9, 1994, 90 days after date of adjournment; §§ 1 through 5, 9 through 19, and
entities, and agents
0) "Substantial b
21 through 24 effective January 1, 1995; § 8 effective January 1, 1997.
NEWSECTION
follows:
(1) Law enforce(
CRIMES—ANIMAL CRUELTY
provisions of this c
this chapter in a co
CHAPTER 261
a contract with the
(2) Animal conte
S.H.B. No. 1652
and statutory restr
ment officers who
AN ACT Relating to animal cruelty; amending RCW 16.52.020, 16.52.085, 16.52.095, 16.52.100,
16.52.190, 16.52.200, 16.52.300, 9AA8.080, 13.40.020, 81.56.120, 77.12.26x, and
(3) Animal conn
16.52.117, 16.52.180,
16.52.185; reenacting and amending RCW 9.94A.030; adding new sections to chapter 16.52
RCW 16.52.010, 16.52.030, 16.52.040, 16.52.050, 16.52.055,
chapter:
(a) The power b
RCW; creating a new section; repealing
16.52.065, 16.52.070, 16.52.113, 16.52.120, 16.52.130, 16.52.140, and 16.52.160; and prescrib-
gross misdemeano
16,52.060,
ing penalties.
(b) The power
OF THE STATE OF WASHINGTON:
person the anim:
BE IT ENACTED BY THE LEGISLATURE
committing a viola
NEW SECTION. Sec. 1. The legislature finds there is a need to modernize the law on
the nature of the offense. It is not the intent of
may make an oral
arrest The anim
anre appropriately address
imal cruelty to mo
decrease any of the exemptions from the statutes on animal cruelty that
this act to remove or
1082 Additions are indicated by underline; deletions by strik"
ULAR SESSION
28.120, Dungeness
rimp trawl—Non–
A fish or shellfish
cense.
Ig of food fish or
A read as follows:
.r port in the state
a salmon delivery
hty-five dollars for
?d dollars for each
sued under RCW
against the salmon
..30.120 may hold a
)od fish or shellfish
non delivery license
ae delivery into this
e license under the -yk
hapter 75.28 RCW
ied to chapter 75.30
.on to any person or
i of the provision to
;1 through 24 of this
:t January 1, 1997
gh 5, 9 through 19, and
1E
15, 16.52.095, 16.52.100,
1.56.120, 77.12265, and '
tions to chapter 16.52
040, 16.52.050, 16.52.055,
1652.160; and prescrib
OF WASHINGTON:
modernize the law on
It is not the intent of
on animal cruelty that
TM
1994 LAWS Ch. 261, § 3
now apply to customary animal husbandry practices, state game or fish laws, rodeos, fairs
under chapter 15.76 RCW, or medical research otherwise authorized under federal or state
law. It is the intent of this act to require the enforcement of chapter 16.52 RCW by persons
who are accountable to elected officials at the local and state level.
NEW SECTION. Sec. 2. A new section is added to chapter 16.52 RCW to read as
follows:
(1) Principles of.liability as defined in chapter 9A.08 RCW apply to this chapter.
(2) Unless the context clearly requires otherwise, the definitions in this section apply
throughout this chapter.
(a) "Animal" means any nonhuman mammal, bird, reptile, or amphibian.
(b) "Animal care and control agency" means any city or county animal control agency or
authority authorized to enforce city or county municipal ordinances regulating the care,
control, licensing, or treatment of animals within the city or county, and any corporation
organized under RCW 16.52.020 that contracts with a city or county to enforce the city or
county ordinances governing animal care and control.
(c) "Animal control officer" means any individual employed, contracted, or appointed
pursuant to section 5 of this act by an animal care and control agency or humane society to
aid in the enforcement of ordinances or laws regulating the care and control of animals. For
purposes of this chapter, the term "animal- control officer" shall be interpreted to include
"humane officer" as defined in (e) of this subsection and section 5 of this act.
(d) "Euthanasia" means the humane destruction of an animal accomplished by a method
that involves instantaneous unconsciousness and immediate death, or by a method that causes
painless loss of consciousness, and death during the loss of consciousness.
(e) "Humane officer" means any individual employed, contracted, or appointed by an
animal care and control agency or humane society as authorized under section 5 of this act.
(f) Law enforcement agency" means a general authority Washington law enforcement
agency as defined in RCW 10.93.020.
(g) "Necessary food" means the provision at suitable intervals of wholesome foodstuff
suitable for the animal's age and species and sufficient to provide a reasonable level of
nutrition for the animal.
(h) Owner means a person who has a right, claim, title, legal share, or right of possession
to an animal or a person. having lawful control, custody, or possession of an animal.
(i) "Person" means individuals, corporations, partnerships, associations, or other legal
entities, and agents of those entities.
0) "Substantial bodily harm" means substantial bodily harm as defined in RCW 9A.04.110.
NEW SECTION. Sec. 3. A new section is added to chapter 16.52 RCW to read as
follows:
(1) Law enforcement agencies and animal care and control agencies may enforce the
provisions of this chapter. Animal care and control agencies may enforce the provisions of
this chapter in a county or city only if the county or city legislative authority has entered into
a contract with the agency to enforce the provisions of this chapter.
(2) Animal control officers enforcing this chapter shall comply with the same constitutional
and statutory restrictions concerning the execution of police powers imposed on law enforce-
ment officers who enforce this chapter and other criminal laws of the state of Washington.
(3) Animal control officers have the following enforcement powers when enforcing this
chapter:
(a) The power to issue citations based on probable cause to offenders for misdemeanor and
gross misdemeanor violations of this chapter or RCW 9.08.070 or 81.56.120;
(b) The power to cause a law enforcement officer to arrest and take into custody any
person the animal control officer has probable cause to believe has committed or is
committing a violation of this chapter or RCW 9.08.070 or 81.56.120. Animal control officers
may make an oral complaint to a prosecuting attorney or a law enforcement officer to initiate
arrest. The animal control officer causing the arrest shall file with the arresting agency a
Additions are Indicated by underline; deletions by stsMeout 1083
REGULAR SESSION
, excluding Sundays and legal,
ion;
personal protection;'
warrants and to execute search
;o investigate violations of this
of those violations.
robable cause to believe that a
,
.120, a law enforcement agency
is amen a res as o ows:
of this state as a humane society
io non ana is so Inn rt...,,ug
apter through its animal control
ict. The legislative authority in
rileges and authority granted by
of up to three years based upon
:hapter 16.52 RCW to read as
M 16.52.020 may appoint society
pointments shall be in writing.
if an appointee obtains written
the appointee seeks to enforce
seeking judicial authorization on
:e satisfactory to the judge that
ias prepared the appointee to
nt to section 3 of this act. The
y revoke an appointment at any
that approved the appointment.
ination, whichever occurs first.
after the effective date of this
that the officer has sufficient
)fficers pursuant to section 3 of
amended to read as follows:
er shall —find or animal control
,f a domestic animal has beea
responsible person can be found
a warrant, the removal of the
and seste?ieg to health care,
care and control agency. In
the animal's needs, including its
in animal under this subsection
threatening condition.
has probable cause to believe a
iorize an examination of as a
d in violation of this chapter by
ise in violation of this chapter is
; not condone illegal entry onto
uuitable—glaee pursuant to this
the removal and notice of legal
posting at the place of seizure,
registered mail if the owner is
1994 LAWS Ch. 261, § 9
knwn In making the decision to remove an animal pursuant to this chapter, the law
officer shall make a good faith effort to contact the animal's owner before
rem° _ .. ..
(5) If no criminal case is filed within &ate rourceen DuSJJJt5b U: yb U, W„U
f tho animal animal's removal, the owner may petition the district court of the
county where the removal of tbA animal oestmred was removed for the
ret,Jrn of the an4nal
animal's return. The petition shall be filed with the court, with copies served to the law
enforcement or animal care and control agency responsible for removing the animal and to
the prosecuting attorney. If the court grants thepetition the agency which seithe animal
must deliver the animal to the owner at no cost to the owner. If a cr, al aczed tion is filed
after the petition is filed but before the animal is returned, the petition shall be joined with
the criminal matter.
(Q(6) In a motion or petition for theanimal's return before a
trial, the burden is on the owner to prove by a preponderance of the evidence that the animal
will not suffer future neglect or abuse and is not in need of being restored to health.
(6)(7) Any authorized person treating or attempting to restore an animal to health under
this chapter shall not be civilly or criminally liable for such action.
Sec. 7. RCW 16.52.095 and Code 1881 s 840 are each amended to read as follows:
It shall not be lawful for any person to cut off more than one-half of the ear or ears of any
domestic animal such as an ox, cow, bull, calf, sheep, goat or hog, or dog, and any person
cutting off more than one-half of the ear or ears of any such animals, shall be deemed guilty
of a misdemeanor, and upon conviction, shall be fined in any sum less than twenty dollars.
This section does not apply if cutting off more than one-half of the ear of the animal is a
NEW SECTION. Sec. 8. A new section is added to chapter 16.52 RCW to read as
follows:
(1) A person is guilty of animal cruelty in the fust degree when, except as authorized in
law, he or she intentionally (a) inflicts substantial pain on, (b) causes physical injury to, or (c)
kills an animal by a means causing undue suffering, or forces a minor to inflict unnecessary
pain, injury, or death on an animal.
(2) Animal cruelty in the first degree is a class C felony.
NEW SECTION. Sec. 9. A new section is added to chapter 16.52 RCW to read as
follows:
(1) A person is guilty of animal cruelty in the second degree if, under circumstances not
amounting to first degree animal cruelty, the person knowingly, recklessly, or with criminal
negligence inflicts unnecessary suffering or pain upon an animal.
(2) An owner of an animal is guilty of animal cruelty in the second degree if, under
circumstances not amounting to first degree animal cruelty, the owner knowingly, recklessly,
or with criminal negligence:
(a) Fails to provide the animal with necessary food, water, shelter, rest, sanitation,
ventilation, space, or medical attention and the animal suffers unnecessary or unjustifiable
physical pain as a result of the failure; or
by sklkaoul I Additions are Indicated by underline; deletions by sidkaout 1085
REGULAR. SESSION
Ch. 261, § 9
(b) Abandons the animal.
(3) Animal cruelty in the second degree is a misdemeanor.
(4) In any prosecution of animal cruelty in the second
degreoi the evidencshall be ane h to ive
defense, if established by the defendant by a preponderance
defendant's failure was due to economic distress beyond the defendant's control.
Sec. 10. RCW 16.52.100 and 1982 c 114 s 6 are each amended to read as follows:
Any 13er-9011
ed or confined impounded is im
Is�aase If any domestic animal s! tae P 2v Rio
�0 thirt -six u
u�te—be without necessary food and water for more than
� o^= any person May, from time to time, as
•,
consecutive hours, n r. � �,p Y P P Y i'
deeuEed is necessary 40! enter into and open Pound or lace food and waterrso long as it
domestic animal shallbe is confined, and supply it with necessary the entry, and may
slaail•be is confined. SuerThe person shall not be liable to action for fooin—d water mabe
d '
collect from the animal's owner the reasonable cost of taid. The he
shall be subjectto
xecution
attachment the ref" for the costs anIfsan investigating hall not be, officernfinds t extremelyupon
diffi difficult to
issued upon a judgment tkexefex.
supply sueh confined animals with food and watEr, the, officer may remove the animals to
protective ustody for that purpose.
Sec. 11. RCW 16.52.117 and 1982 c 114 s 9 are each amended to read as follows:
(1) Any person who does any of the following is guilty of a gross misdemeanor punishable
by imprisonment not to exceed one year, or by
a fine not to exceed five thousand dollars, or.
by both fine and imprisonment:tent that the deg animal
(a) Owns, possesses, keeps, or trains any deg animal with the in
shall be engaged in an exhibition of fighting with another deg animal;
animal to fight with another deg animal, or
(b) For amusement or gain causes any deg
causes any dogs animals to injure each other; or
(c) Permits any act in violation of (a) or (b) of this subsection to be done on any premises
under his or her charge or control, or promotes or aids or abets any such act.
person who is knowingly present, as a spectator, at any place or building where
(2) Any P
preparations are being made for an exhibition of the fighting of degs animals, with the intent
to be present at such preparations, or is knowingly present at such exhibition or at any other
fighting or injuring as described in subsection (1)(b) of this section, with the intent to be
present at such exhibition, fighting, or injuring, is guilty of a misdemeanor.
(3) Nothing in this section may prohibit the following:
(a) The use of dogs in the management of livestock, as defined by chapter 16.57 RCW, by
the owner of the livestock or the owner's employees or agents or other persons in lawful
custody of the livestock;
(b) The use of dogs in hunting as permitted by law; or
(c) The training of degs animals or the use of equipment in the training of degs animals for
any purpose not prohibited by law.
Sec. 12. RCW 16.52.180 and 1901 c 146 s 18 are each amended to read as follows:
No part of RCIAT 16 5 10 36 59 dI Gu Igo
thrW1ghAgZ2ASQ this chapter shall be deemed to interfere with any of the laws of70
this state
known as the "game laws," nor
be deemed to interfere with the right to destroy any
2ays to life, limb or property, or to interfere with the
venomous reptile or any known as dangerou
right to kill animals to be used for food or with any properly conducted scientific experiments
or investigations, which experiments or investigations shall be performed only under the
authority of the faculty of some regularly incorporated college or university of the state of
tered with the United States department of agriculture
Washington or a research facility regis
and regulated by 7 U S C Sec. 2131 et seq.
1086 Additions are Indicated by underline; deletions by stslkaoat
1994 LAWS
Sec. 13. RCW 1'
and (3) of this se—cti
intentionally or kno
animanth
(2) Subsection (1)
anima
authorized servant c
from a duly constit
(3) Subsection (1
ois in in
section
vroundei ` r�
the agricultural mt
used in
Sec. 14. RCW
(1) The sentenc
chapter may be ,
however the prob;
(2) In case of rr
be consecutive, he
(3) In addition'
all animals held
provisions of this
this chapter or if
court may enter
e}uel animal's trE
the owner. shall 1
two years. The
of the probation.
(4) In additioi
agreement, shall
enforcement ag
entities involved
investigation an
(5j� nvictE
dollars to the ci
offenses under
(6)_ As�cond
may alf s0 o=der
education Mg
problems contr
thepr_ 2 am m
Sec. 15. R(
(1) If any p
de�reee by usir
purpose of tra
be gglilty of
REGULAR SESSION
1994 LAWS Ch. 261, § 15
Sec. 13. RCW 16.52.190 and 1941 c 105 s 1 are each amended to read as follows:
t shall be an affirmative
the evidence, that the--_
ti ;
(1) Except as provided in subsections (2)
ant's control.
and (3) of this section a person is Quilty of the crime of poisoning animals if the person
mtentaonally or knowingly poisons an animal under circumstances which do not constitute
led to read as follows:
animal cruelty in the first degree.
wed or eeaflned y
} `
(2) Subsection (1) of this section shall not apply to tl�e killing euthanizing by poison such an
animal a hied in a lawful and humane manner by the animal's owner Lbesee€, or by a duly
milt" of " raisdo ;Oa4fi
authorized servant or agent of sash the owner, or by a person acting pursuant to instructions
I "` "f""^^o-�id�"" d rb&II
.*_
from a duly constituted public authonty.
n twenty fo thin -six
e to time, as ii shall_ye
(3) Subsection (1) of this section shall not apply to the reasonable use of rodent or pest
poison, msectacides, funQic�des, or slug bait for their intended purposes As used in this
onfinement in which any
section, the term rodent" includes but is not limited to Columbia ground squirrels other
d and water so long as it
sueh the entry, and maa�
ground sgmrrels, rats, mice, gophers rabbits and any other rodent designated as injurious to
the agncultural interests of the state as provided m chapter 17 16 RCW The term "pest" pest as
;ood and water
used m this section includes any pest as defined in RCW 1721 020
_
omni shall be subject to
and sale upon execution
_
` =
Sec. 14. RCW 16.52.200 and 1987 c 335 s 2 are each amended to read as follows:
it extremely difficult to
(1) The sentence imposed for a misdemeanor or gross misdemeanor violation of this
remove the animals to
-
chapter may be deferred or suspended in accordance with RCW 3.66.067 and 3.66.068,
however the probationary period shall be two years.
led to read as follows:_
(2) In case of multiple misdemeanor or gross misdemeanor convictions, the sentences shall
nisdemeanor punishable
,v3:'
be consecutive, however the probationary period shall remain two years.
5ve thousand dollars, or
(3) In addition to the penalties imposed by the court, the court shall order the forfeiture of
all animals held by law enforcement or animal care and control authorities under the
ant that the deg animal
provisions of this chapter if any one of the animals involved dies as a result of a violation of
d•
this chapter or if the defendant has a prior conviction under this chapter. In other cases the
another deg animal, or
court may enter an order requiring the owner to forfeit the animal if the court deems the
eruel animal's treatment to have been severe and likely to reoccur. If forfeiture is ordered,
a done on any
the owner shall be prohibited from owning or caring for any similar animals for a period of
premises -
two years. The court may delay its decision on forfeiture under this subsection until the end
such act.
of the probationary period.
Glace or building where
(4) In addition to fines and court costs, the owner defendant, only if convicted or in
animals, with the intent
: 1"
agreement, shall be liable for reasonable costs incurred pursuant to this chapter by the law
:hibition or at any other
with the intent to
enforcement agencies, animal care and control agencies or authorized private or public
be
entities involved with the care of the animals. costs include expenses of the
ieanor.
_Reasonable
investigation, and the an care euthanization or adoption
(5) If convicted, the ewe defendant shall also pay a civil penalty of one hundred thousand
chapter 16.57 RCW, by
dollars to the county to prevent cruelty to animals. These funds shall be used to prosecute
Aber persons in lawful
offenses under this chapter and to care for forfeited animals pending trial.
(6) As a condition of the sentence imposed under this chapter or RCW 9 08 070 the court
may also order the defendant to participate in an available animal cruelty prevention or
ling of degs animals for
education program or obtain available psychological counselin to treat mental health
Py g
problems contributing to the violation's commission The defendant shall bear the costs of
'd to read as follows:
the program or treatment.
&59090 2nd 1.659 log
Sec. 15. RCW 16.52.300 and 1990 c 226 s 1 are each amended to read as follows:
if the laws of this state
(1) If any person uta ossa commits the crime of animal cruelty in the first or second
Q50, 7throug
degree by using or trapping to use domestic dogs or cats as bait, prey, or targets for the
he right to destroy any
=
purpose of training dogs or other animals to track, fight, or hunt,
3r to interfere with the
torture, tome beat, or mutilate sugh animals, F
I scientific experiments
be iF f a rniqdAmapnor
ormed only under the
.versity of the state of
_
)artment of aericulture
:-
t@rgAtr f�r thO
PUPPOSO Of traiiciin-- dogs or. oth@r nnim:als to traok, fight, gr hunt, i;; Fug"
Additions are Indicated by underline; deletions by Wilk , 1087
CIAL SESM ,1994 LAWS Ch: 7, § 429
pistol1 :ori secondary school student shall result in expulsion for an indefinite period of time in
accordance with RCW 28A.600.010. An appropriate school authority shall promptly notify
.earm a law enforcement and the student's parent or guardian regarding any allegation or indication
r of such violation.
read asf6
ET. .(3) Subsection (1) of this section does not apply to:
`
plat of groan (a) Any student or employee of a private military academy when on the property of the
owing any.a academy;
at or toward " (b) Any person engaged in military, law enforcement, or school district security activities;
ter 9A-20 $ " (c) Any person who is involved in a convention, showing, demonstration, lecture, or
read as; fop firearms safety course authorized by school authorities in which the firearms of collectors or
day, or draw4 instructors are handled or displayed;
lab, or any o or- 9ther dangerous
(d)ka throvAng tha vv1I1QQI ProMiRAS
or that warr (a) Any person while the person is participating in a firearms or air gun competition
approved by the school or school district;
guilty of j. (�(e) Any person in possession of a pistol who has been issued a license under RCW
A this section "
. 8.41.070 or is exempt from the licensing requirement by RCW 9.41.060, while picking up or
send notice of. .dropping off a student;
which issue „ .. (fl Any R nonstudent at least eighteen years of age legally in possession of a
` firearm or dangerous weapon that is secured within an attended vehicle or concealed from
ng: ,new within a locked unattended vehicle while conducting legitimate business at the school;
i or fixed.plac Any pers6n nonstudent at least eighteen years of age who is in lawful possession of
1 an unloaded firearm, secured in a vehicle while conducting legitimate business at the school;
it is vested by or
rrests for. _o_ffe�Any law enforcement officer of the federal, state, or local government agency.
against the" (4) Subsections (1)(c) and (d) of this section do not apply to any person who possesses nun-
_ ;;^_G,._t a sticks. thrown¢ stars, or other dangerous weapons to be used m =arts classes
(5) Except as provided in subsection (3)(b), (c), (e) (f), and 4 (h) of this section, firearms
e commission_
are not permitted in a public or private school building.
(5)(6) "GUN -FREE ZONE" signs shall be posted around school facilities giving warning of
al or state g
the prohibition of the possession of firearms on school grounds.
-'
read as:fo
a 428. RCW 9.41.290 and 1985 c 428. s l are each amended to read as follows:
;o
elemen
,--`Sec.
The state of Washington hereby fully occupies and preempts the entire field of firearms
private
'acilities while'
regulation within the boundaries of the state, including the registration, licensing, possession,
transfer, discharge, and.transportation of firearms, or any other
-;ipurchase, sale, acquisition,
:element relating to firearms or parts thereof, including. ammunition and reloader components.
Cities, towns, and counties or other municipalities may enact only those laws and ordinances
s, and carms
F'Citie , to that are specifically authorized by state law as in RCW 9.41.300, and are
wo or more'e
::Consistent with this chapter. Such local ordinances shall have the same or leases penalty as
or other me
for by state law. Local laws and ordinances that are inconsistent with, more
nulti-points
provided
i -restrictive than, or exceed the requirements of state law shall not be enacted and are
regardless of the nature of the code, charter, or home rule status of
R preempted and repealed,
a BB, p
a xsuch city, town, county, or municipality.
-L'Sec. 429. RCW 9.41.300 and 1993 c 396 s 1 are each amended to read as follows:
ether gas."-)'
)th
a gross iniad
j=-(1) It is unlawful for any person to enter the following places when he or she knowingly
section the= "
possesses or knowingly has under his or her control a weapon:
send notice"
'=" (a) The restricted access areas of a jail, or of a law enforcement facility, or any place used
ty which issued,
for the confinement of a person (i) arrested for, charged with, or convicted of an offense, (ii)
dary se 001.
aharged vAth being gr adjudioated to AR definod in RCAA7 12 40 020z
,!-held for extradition or as a material witness, or 4v) (iii otherwise confined pursuant to an
nee with_
" order of a court, except an order under chapter 13.32A or 13.34 RCW. Restricted access
cord
by an elemen _
,-e:.areas do not include common areas of egress or ingress open to the general public;
t
Additions are indicated by underline; deletions by strikeout 1637
Ch. 7, § 429 FIRST SPECIAL SESSION:
(b) Those areas in any building which are used in connection with court proceeding..;
including courtrooms, jury rooms, judge's chambers, offices and areas used to conduct corut ,
business, waiting areas, and corridors adjacent to areas used in connection with cotuti
proceedings. The restricted areas do not include common areas of ingress and egress to'tbe`
building that is used in connection with court proceedings, when itis possible to protect court
areas without restricting ingress and egress to the building. The restricted areas shall be the
minimum necessary to fulfill the objective of this subsection (1)(b).
In addition, the local legislative authority shall provide either a stationary locked box
sufficient in size for shim rearmsip stols and key to a weapon owner for weapon storage, or
shall designate an official to receive weapons for safekeeping, during the owner's visit to
restricted areas of the building. The locked box or designated official shall be located within
the same building used in connection with court proceedings. The local legislative authority'.
shall be liable for any negligence causing damage to or loss of a weapon either placed in a`
locked box or left with an official during the owner's visit to restricted areas of the building,'.
The local judicial authority shall designate and clearly mark those areas where weapons are
prohibited, and shall post notices at each entrance to the building of the prohibition against
weapons in the restricted areas; 1�
(c) The restricted access areas of a public mental health facility certified by the department
of social and health services for inpatient hospital care and state institutions for the care of
the mentally ill, excluding those facilities solely for evaluation and treatment. Restricted
access areas do not include common areas of egress and ingress open to the general public;
or
(d) That portion of an establishment classified by the state liquor control board as off-limits:
to persons under twenty-one years of age.
(2) Cities, towns, counties, and other municipalities may
enact laws and ordinances:
(a) Restricting the discharge of firearms.in any portion of their respective jurisdictions,
where there is a reasonable likelihood that humans, domestic animals, or property will.be
jeopardized. Such laws and ordinances shall not abridge the right of the individual guaran-
teed by Article I, section 24 of the state Constitution to bear arms in defense of self or others(
and .._ T
(b) Restricting the possession of forearms in any stadium or convention center, operated by
a city, town, county, or other municipality, except that such restrictions shall not apply, to:
(i) Any €uearmip stol in the possession of a person licensed under RCW 9.41.070 or exempt
from the licensing requirement by RCW 9.41.060; or
(ii) Any showing, demonstration, or lecture involving the exhibition of firearms.
(h) Cities. towns. and counties may restrict the location of a business selling firearms to not
less
a
are
section must have the.
same penalty as provided for by state law.
(5) The perimeter of the premises of any specific location covered by subsection (1) of this
section shall be posted at reasonable intervals to alert the public as to the existence of any
law restricting the possession of firearms on the premises.
443(6) Subsection (1) of this section does not apply to:
1638 Additions are Indicated by underline; deletions by strikeout
1994 LAWS
(a) A person engaged in miL•
while engaged in official duties
(b) Law enforcement persor.
(c) Security personnel while
4p(7) Subsection (1)(a) of thi
9.41.070 who, upon entering I
administrator of the facility or
on I
Dwhile
,,claim he firearms upon
facility.
(r,)(8) Subsection (1)(c) of th
the facility or to any person a
proceeds to the administrator
written permission to possess
(�3(9) Subsection (1)(d) of t}:
his or her employees while en;
(g)(10) Any person violating
(9)(11) "Weapon" as used in
70,74.010, or instrument or we
NEW SECTION. Sec. 43C
follows:
(1) Any court when enteri
10.99.040, 10.99.045, 26.09.050,:
26.50.070 shall, upon a showin
displayed, or threatened to us(
previously committed any offer
the provisions of RCW 9.41.04
(a) Require the party to sw
(b) Require the party to sur.
(c) Prohibit the party from
(d) Prohibit the party from
(2) Any court when enter'
10.99.040, 10.99.045, 26.09.050, :
26.50.070 may, upon a showin
convincing evidence, that a ps
other dangerous weapon in a s
him or her ineligible to posse:
(a) Require the party to sw
(b) Require the party to sw
(c) Prohibit the party from
(d) Prohibit the party from
(3) The court may order tt
without notice to the other p;
evidence, that irreparable inji
response has elapsed.
(4) In addition to the provisi
enter an order requiring a par
if it finds that the possession o
serious and imminent threat
individual.
(5) The requirements of sut
time less than the duration of
Additions
FIRST SPECIAL SESSI
l04 LAWS Ch. 79 § 430
tion with court proceedi
I areas used to conduct.'
(a) A person engaged in military activities sponsored by the t
federal or state g overnmens,
engaged in official duties;
i;
ed in connection with of ingress and egress to
while
(b) Law enforcement personnel; or
it is possible to protect co
(c) Security personnel while engaged in official duties.
e restricted areas shall he'
)(b)
(fir (7) Subsection (1)(a) of this section does not apply to a person licensed pursuant to RCW
41.070 who, upon entering the place or facility, direct] and promptly 9• Y� Y P P Y Proceeds to the
her a stationary locked
agroinistrator of the facility or the administrator's designee and obtains written permission to
owner for weapon stora6,,
the firearm on epremises checks his or her firearm. The person may
possessreclaim
. during the owner's
the firearms upon
claim P g but must immediately and directly depart from the place or
)fficial shall be located wi
facility.
he local legislative authoii
a weapon either placed
kg)(8) Subsection (1)(c) of this section does not apply to any administrator or employee of
the facility or to any person who, upon entering the place or facility, directly
Eal
;tricted areas of the buildin
and promptly
Proceeds to the administrator of the facility or the administrator's designee and obtains
ose areas where weapon
Written permission to possess the firearm while on the premises.
j
ng of the prohibition ag ''
q4(9) Subsection (1)(d) of .this section does not apply to the proprietor of the premises or
his or her employees while engaged in their employment.
y certified by the departure
institutions
-(8)(10) Any person violating subsection fly of this section is guilty of a gross misdemeanor.
.a,
eandtratment. the
Restricts
(g)(11) "Weapon" as used in this section means any firearm, explosive as defined; in.. RCW
70.74.010, or instrument or weapon listed in RCW 9.41.250.
;
s open to the general p
NEW SECTION. Sec. 430. A new section is added to chapter 9.41 RCW to,read as
`I
or control board as off litni
follows:
(1) Any court when entering an order authorized under RCW 9k46.086, 10.14.080
`6
rid other municipalities
10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.26.137, 26.50.060, or
26.50.070 shall, upon a showing by clear and convincing
"41
heir respective 4unsdictio
evidence, that a party has: Used,
displayed, or threatened to use a firearm or other dangerous weapon in a serious offense, or
committed any offense that makes him her ineligible
1
mimals, or property will_be
previously or to possess a firearm under?
the provisions of RCW 9.41.040:
;ht of the individual guar'
in defense of self or others'
(a) Require the party to surrender any firearm or other dangerous weapon;
>,
(b) Require the party to surrender any concealed pistol.license issued under RCW 9.41.070;1
)vention center, operated by
(c) Prohibit the party from obtaining or possessing a firearm or other dangerous weapon;
134
frictions shall not apply"
(d) Prohibit She party from obtaining or possessing a concealed pistol license.
#
ler RCW 9.41.070 or ee
(2) Any court when entering an order authorized under RCW 9A.46.080, 10.14.080,
10.99.040, 10.99.045, 26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.26.137, 26.50.060,
,
)ition of fu•earms
or
26.50.070 may, upon a showing by a preponderance. of the evidence but not by clear and
trictin the areas in,the
convincing evidence, that a party has: Used, displayed, or threatened to use a firearm or
at as provided in (b) of tl'
other dangerous weapon in a serious offense, or previously committed any offense that makes
him or her ineligible to possess a pistol under the provisions of RCW 9.41.040:'
l
re restrictive] than othea.
i the cessation of business
(a) Require the party to surrender an firearm or other dangerous weapon; "
Y g
nesses selling firearms thi
(b) Require the party to surrender a concealed pistol license issued under RCW 9.41.070;
(c) Prohibit the party from obtaining or possessing a firearm or other dangerous weapon;
j.
iness selling firearms to.:
>unds if the business has,'
(d) Prohibit the party from obtaining or possessing a concealed pistol license.
sts advertisements or ai
isiness sellin firearms the
(3) The court may order temporary surrender of a firearm or other dangerous weapon
without notice to the other party if it finds, on the basis of the moving affidavit or other
"?
ion (3)(b) shall be andfa
evidence, that irreparable injury could result if an order is not issued until the time for
response has elapsed.
f this section must haveM
(4) In addition to the provisions of subsections (1), (2), and (3) of this section, the court may
enter an order requiring a party to comply with the
±i
-ed by subsection (1) of,
provisions in subsection (1) of this section
if it finds that the possession of a firearm or other dangerous weapon by any party presents a
serious and imminent threat to public health or safety, to the health
t
as to the existence of,an
or or safety of any
individual.
(5) The requirements of subsections (1), (2), and (4) of this section may be for a period of
time less than the duration of the order.
b..
ttdkaout
Additions are Indicated by underline; deletions by stgRaout 1639
t tr t
.fi
REGULAR SESSION 1994 LAWS
Ch. 217' § 2 Bellevue, ing problem and compulsive gamblin
ass the Northshore, Lake Washington,
school districts; This act is intended to clarify the spec
sixth district shall encomp Valley and Skykomish is not intended to add to existing
(26) The twenty Riverview, Snoqualmie gent, Auburn, Taboma, and recognizes that slot machines, video
Issaquah, encompass the Renton, follows: chance have been considered to be i
Merger Island, seventh district shall
Portion of the Seattle school district describe as
(27) The twenty along the Sec. 2. RCW 9.46.010 and 1975 Is
Enumclaw school districts and a p the intersection of the Du and thence north r and the Bout
at a point established by District (number six) the centerline of The public policy of the state of W
Commencing Collegethence north along out -of gs..nblinq and to promote the
boundary of the Seattle COY' n eTlto the west wale E mot Bay to a line establi hed by the
the line scope of gambling activities and by s
centerline of the Duwamr thence along thence east the
to Elliot Bay; Elliot Bay; thence south along It is hereby declared to be the pol
the west waterway extension of Denny Way to Lake Washington; College District; blip and
intersection of the Way the point of between professional gambling
established by the centerline of Denny College Distract to profit from professional gambling
shoreline of Lake Washington
to the south line of the Seattle Commuru
the south line of the Seattle Community patronizing such professional gambh
and thence west along induced by common gamblers and c
beginning; ass all of Pierce county; sad bling; and at the same time, both
(28) The twenty-eighth district shall encomp a common school restricting participation by individua
ninth district shall encompass all of nt bo county pastimes are more for amusen
resent boundaries of the n and social p
(29) The twenty"lith ass the count and Northshore in Ki public, and do not breach the peace.
30 The thirtieth district shall in gin
of Lake Washin and Riverview read as follows: The legislature further declares t
districts a each amended to The
or nonprofit organization
Snohomish counties. ensuringthe ercpansion of upper -division
Sec. 3. RCW 28B.45.020 and 1989 1st sibl ° 7 s 3 are es or guidelines activities and social pastimes as are
of Washington is responsible for et Soud area under rutashington shall The legislature further declares
The University ams in the central Pug e University of W
graduate educational ducat board, The uses. One branch games and the operation of punch i
and gr .the higher education coordeTa�o S of at least two branch came when conducted pursuant to the pr
adopted by the opdopted Pursuant thereto, are here
meet that responsibilityroneTacoma area.
us shall be located 1n the
branch cam us shall be collocated with Cascadia CoCommu- valuable consideration has been pa
came to read as provided.
othell Woo�ne mea chapter 28B.50 RCW
rut Colle e in the B new section is added to P The legislature further declares
NEW SECTION.
ECS Sec. 4. A cadia Commni. gambling and shall not be considere
Of trustees for district thirty and Cas not be subject to the provisions
follows: board appointed pursuant to the provisions of R hereunder.
There is hereby created a shall be
College. The members of the boardAll factors incident to the actor
for the immediate preservation Of and the provisions of this chapter t
28B.50.100. This act is necessary government and Its existing P
NEW SECTION. Sec. 5. a support of the state g Sec. 3. RCW 67.70.010 and 1S
-tih, or safety, For the purposes of this chapter
public peace,
institutions, and shall take effect immediately (1) "Commission" means the stat
Approved April 1, 1994•(2) "L04094' " '
:114
Effective April 1, 1994•
�—
(3) "Director" means the directo
GAMIN G_RESTRICTIONS (3) "i otter' or "state lottery n
chapter;
CHApTFg 218 !4) "On-line game" means a lotto
and selects a combination of
S.S.H.B• No. 2228 receives a computer-generated tick
b restricting the frequen or selects the winning combmatior
public policy on gambling Y the enfo
n the elate a p tiling, and enhancing Sec. 4. RCW 67.70.040 and 1
Relating to clarifying compulsive Barn 67.70.010, 67.70.040, 67.70.190, 9.46
ACC addressing problem and c RLW 9A6.010, 10.105.900; reenacting and arra. The commission shall have the i
lottery game,,,tiling laws; amending , 9.46260, and creating new sections; ie
of the state s gam9 46222, 9 46.080, 9.46230, ter 9.46 RCW; (1) To promulgate such rules gc
9.46220, 9.46221, adding new sections to chap � emergency t. *as it deems necessary and desiral
RCW 9A.82.010; nalties; and declarin8 OF B,�$ING
RCW gg6230; prescribing pe STATE feasible and practicable time, and
LEGISLATURE OF THE_net revenues for the state consom
Y THE this act to clarify the state's P_ -the people. Such rules shall inch
BE IT ENACTED B slature intends with drawings the means of ad P P
NEW SECTION. Sec. 1. The leg's of state lottery Additions are
p° cy on gam ng regarding the frog
0 Additions are indicaled by ani' deletlons by
REGULAR SESSION
1994 LAWS
Ch. 218, § ll
in the sale of assets seized and
individually upon the insertion of a nickel or dime, as the case may be, to complete any one
,fficial capacity, directly caused
a search tenant's
operation thereof, shall not be deemed a gambling device: PROVIDED, That owning,
possessing, buying, selling, renting, leasing' financing, holding a security interest in,
of a
storing,
repairing and transporting such pinball machines or similar mechanical amusement devices
tenant's deposit, to which the -P
shall not be deemed engaging in professional gambling for the purposes of this chapter and
shall not be a violation of this chapter: PROVIDED FURTHER,
amage directly caused by a law
That any fee for the
purchase or rental of any such pinball machines or
in.
similar amusement devices shall have no
relation to the use to which such machines are put but be based only upon the market value
n are insufficient to satisfy the
landlord seek compensation for '
of
any such machine, regardless of the location of or type of premises where used, and any fee
for the storing, repairing and transporting thereof have
,
under whose authority the law
shall no relation to the use to which
such machines are put, but be commensurate with the cost of labor and other expenses
rch; and
incurred in any such storing, repairing and transporting.
d to the landlord's claim within
NEW SECTION. Sec. 9. A new section is added to chapter 9.46 RCW to read as follows:
ages under this subsection by
y -day period, whichever occurs
Whoever knowingly owns, manufactures, possesses, buys, sells, rents, leases, finances, holds
a security interest in, stores, repairs, or transports any gambling device
eizing law enforcement agency
of the thirty -day period. This
or offers or solicits
any interest therein, whether through an agent or employee or otherwise, is guilty of a felony
and shall be fined not more than one hundred thousand dollars
sixty-day or thirty -day period. =
or imprisoned not more than
five years or both. However, this section does not apply to persons licensed by the
law enforcement agency shall .:
at the landlord either: A
commission, or who are otherwise authorized by this chapter, or by commission rule, to
conduct gambling activities without a license,
)f this chapter; or
respecting devices that are to be used, or are
being used, solely in that activity for which the license was issued, or for which the person has
rrovided by a law enforcement
been otherwise authorized if:
al activity.
(1) The person is acting in conformance with this chapter and the rules adopted under this
r
if this section may not include
chapter; and
a,
"
(2) The devices are a type and kind traditionally and usually employed in connection with
the particular activity. This section also does not apply to any act or acts by the persons in
furtherance of the activity for which the license
i damage directly caused by a
was issued, or for which the person is
authorized, when the activity is conducted in compliance with this chapter and in accordance
ty seized and forfeited under
with the rules adopted under this chapter. In the enforcement of this section direct
possession of any such a gambling device is presumed to be knowing
ti
possession thereof.
NEW SECTION. Sec. 10. A new section is added to chapter 9.46 RCW to read
agency satisfies any bona fide
follows: as
le of the tenant's property as �
Whoever knowingly prints, makes, possesses, stores, or transports any gambling record, or
buys, sells, offers, or solicits any interest
other rights a landlord may
therein, whether through an agent or employee or
otherwise, is guilty of a gross misdemeanor. However, this section does not apply to
enforcement agency satisfies
landlord
records
relating to and kept for activities authorized by this chapter when the records are of the type
kind
s the has against the =
and traditionally and usually employed in connection with the particular activity. This
icer ander the terms of the Al
:ement agency. k.
section also does not apply to any act or acts in furtherance of the activities when conducted
in compliance with this chapter and in
nended to read as follows: -
accordance with the rules adopted under this chapter.
In the enforcement of this section direct possession of any such a gambling record is
y device or mechanism the
presumed to be knowing possession thereof.
ings of value may be created,
Sec. 11. RCW 9.46.220 and 1991 c 261 s 10 are each amended to read as follows:
element of chance, including,
id other electronic games of ,"'
(1) A person is guilty of professional gambling in the first degree if he or she engages in, or
knowingly causes, aids, abets, or conspires
)r a consideration, does not
with another to engage in professional gambling as
defined in this chapter, and:
!ration upon each operation '
tion or installation designed
(a) While engaging in professional gambling acts in concert with or conspires with five or
nd (4) any subassembly or
more people;
.ny such device, mechanism,
I of this definition, a
(b) Accepts wagers exceeding five thousand dollars during any thirty -day
eriod on future contingent events; or
pinball :
rs only an immediate and
mtain any mechanism which
(c) Operates, manages, or profits from the operation of a premises or location where
persons are charged a fee to participate in card games, lotteries,
mes which may be won or a
and which prohibits multiple
or other gambling activities
that are not authorized by this chapter or licensed by the commission.
res the playing of five balls
111
(2) However, this section shall not apply to those activities enumerated in RCW 9.46.0305
through 9.46.0361 or to any act or in
strlkacut
acts furtherance of such activities when conducted in
Additions are Indicated by underline; deletions by strikeout 777
Ch. 2189 § 11 REGULAR SESSION
1994 LAWS
compliance with the provisions of this chapter and in accordance with the rules adopted
service is not available from a
pursuant to this chapter.
director may obtain that sen
(3) Professional gambling in the second degree is a class C felony subject to the penalty set
Sec. 15. RCW 9.46.235
forth in RCW 9A20.021.
(1) For purposes of a pros(
Sec. 12. RCW 9.46.221 and 1991 c 261 s 11 are each amended to read as follows:
confiscation, or destruction a
(1) A person is t of professional gambling in the second degree if he or she engages in
guilty P g g �
;, `
�
defense that the gambling dei
machine was not operated
or knowingly causes, aids, abets, or conspires with another to engage in professional gambling
possession. Operation of an
as defined in this chapter, and:
provided at no cost by the ov
(a) While engaging in professional gambling acts in concert with or conspires with less than
may be altered, destroyed, or
five people;
to present a defense under thi
(b) Accepts wagers exceeding two thousand dollars during any ealeadar month thirty -da—
shall be returned to the own(
939(9
peon future contingent events;
riod
(2) RCW 9 46 Sectic
(c) Maintains a "gambling premises" as defined in this chapter; or
machine that has not been of
(d) Maintains gambling records as defined in RCW 946.820 9.46.0253.
(3) For the purposes of this
(2) However, this section shall not apply to those activities enumerated in RCW 9.46.0305
antique slot machine if it is a
through 9.46.0361 or to any act or acts in furtherance of such activities when conducted in
'=
(4) Sections 7 and 9 of thi:
compliance with the provisions of this chapter and in accordance with the rules adopted
cruise ship which has been r(
devices are not
pursuant to this chapter.
the gambling
(3) Professional gambling in the second degree is a class C felony subject to the penalty set
Sec. 16. RCW 9.46.260 anc
forth in RCW 9A20.021.
Proof of possession of any
Sec. 13. RCW 9.46.222 and 1991 c 261 s 12 are each amended to read as follows:
professional gambling specifie
(1) A person is guilty of professional gambling in the third degree if he or she engages in
knowingly conspires with another to engage in
w°
_
of possession thereof with km
Sec. 17. RCW 9A.82.010 w
or causes, aids, abets, or professional gambling
as defined in this chapter;, and:
amended to read as follows:
(a) His or her conduct does not constitute fust or second degree professional gambling;.
Unless the context requires
(b) He or she operates any of the unlicensed gambling activities authorized by this chapter
this chapter.
"Creditor"
in a manner other than as prescribed by this chapter; or
(1) means a pet
(c) He or she is directly employed in but not managing or directing any gambling
:kt
under, or through a person in
operation.
(2) "Debtor" means a pers(
(2) This section shall not apply to those activities enumerated in RCW 9.46.0305 through
guarantees the repayment of a
the creditor against loss result
9.46.0361 or to any acts in furtherance of such activities when conducted in compliance with
to repay the same.
the provisions of this chapter and the rules adopted pursuant to this chapter.
(3) Professional gambling in the third degree is a gross misdemeanor subject to the penalty.
(3) "Extortionate extension
is the understanding of the cr
established in RCW 9A20.021.
delay in making repayment or
Sec. 14. RCW 9.46.080 and 1981 c 139 s 6 are each amended to read as follows:
other criminal means to caus(
The commission shall employ a full time director, who shall be the administrator for the
.'
(4) "Extortionate means" m(
commission in carrying out its powers and duties and who shall issue rules and regulations
or other criminal means to cap
adopted by the commission governing the activities authorized hereunder and shall supervise
commission employees in carrying out the purposes and provisions of this chapter. In
"
repayment thereof.
addition, the director shall employ a deputy director, twe not more than three assistant
�
directors, together with such investigators and enforcement officers and such staff as the
(6) "To extend credit" mean:
commission determines is necessary to carry out the purposes and provisions of this chapter.
'.
or express, whereby the repay.
The director, the deputy director, both the assistant directors, and personnel occupying
:
or disputed, valid or invalid, a:
positions requiring the performing of undercover investigative work shall be exempt from the
(7) "Repayment of an extent
provisions of chapter 41.06 RCW, as now law or hereafter amended. Neither the director nor
-
in whole or in part of a debt (
any commission employee working therefor shall be an officer or manager of any bona fide
from or in connection with tha
charitable or bona fide nonprofit organization, or of any organization which conducts gambling
(8) "Dealer in property" m,
activity in this state.
(9) "Stolen property mean
The director, subject to the approval of the commission, is authorized to enter into
�a'
extortion.
agreements on behalf of the commission for mutual assistance and services, based upon actual
costs, with any state or federal agency or with any city, town, or county, and such state or
.
(10) "Traffic" means to sell,
local agency is authorized to enter into such an agreement with the commission. If a needed
Property to another person, or
778 Additions are Indicated by underllne; deletions by stdkaoW
Additions t
1LAR SESSION
is ordered. The
d, the offender's
ander may have,
nine the offender
nendment of the
lend a change to
change and the
)nthly minimum
,f the change in
eviction shall be
actual expenses
injury. Restitu-
and suffering, or
y related to the
e offender's gain
this section, the
in of ten years
,)m total confine-
ichever period is
A as to amount,
of the offender's
the crime. The
ment.
Ln offense which
, restitution may
uilty to a lesser
:hat the offender
a not prosecuted
has been found
cation which has
at to give notice
affected by the
1, by advertising
neans.
a the victim or
read as follows:
estitution due at
inimum monthly
is ordered. The
1, the offender's
rider may have.
dne the offender
nendment of the
end a change to
change and the
nthly minimum
the change in
viction shall be
actual expenses
njury. Restitu-
.nd suffering, or
related to the
offender's gain
this section, the
n of ten years
1994 LAWS Ch. 2719 § 801
Y
614136GEtuGat t9 tile imposition 9i senteme
following the offender's release from total confine-
ment or ten years subsequent to the entry of the judgment and sentence whichever period is
1on er. The portion of the sentence concerning restitution may be modified as to amount,
terms and conditions during the ten-year period, regardless of the expiration of the offender's
term of community supervision and regardless of the statutory maximum for the crime. The
offender's compliance with the restitution shall be supervised by the department.
(2) Restitution shall be ordered whenever the offender is convicted of an offense which
results in injury to any person or damage to or loss of property unless extraordinary
circumstances exist which make restitution inappropriate in the court's judgment and the
court sets forth such circumstances in the record. In addition, restitution shall be ordered to
pay for an injury, loss, or damage if the offender pleads guilty to a lesser offense or fewer
offenses and agrees with the prosecutor's recommendation that the offender be required to
pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a
<; plea agreement. -
(3) In addition to any sentence that may be imposed, a defendant who has been found
guilty of an offense involving fraud or other deceptive practice or an organization which has
been found guilty of any such offense may be ordered by the sentencing court to give notice
of the conviction to the class of persons or to the sector of the public affected by the
conviction or financially interested in the subject'matter of the offense by mail, by advertising
in designated areas or through designated media, or by other appropriate means.
(4) This section does not limit civil remedies or defenses available to the victim, survivors of
the victim, or defendant
(5) This section shall apply to offenses committed after July 1, 1985.
PART. VII—BAIL JUMPING
NEW SECTION. Sec. 701. RCW 10.19.130 and 1975 1st ex. s. c 2 s 1 are each repealed.
PART VIII—STALKING
$ Sec. 801. RCW 9A.46.110 and 1992 c 186 s 1 are each amended to read as follows:
(1) A person commits the crime of stalking if, without lawful authority and under
circumstances not amounting to a felony attempt of another crime:
0. (a) He or she intentionally and repeatedly harasses or repeatedly follows another person to
; and
(b) The person being harassed or followed is intimidated,placed in fear that
the stalker intends to injure the person, another person, or property of the person being
fe of od or of another person. The feeling of fear, intimidation, or h2r2srmAnt must be one
that a reasonable person in the same situation would experience under all the circumstances;
and
(c) The stalker either:
(i) Intends to frighten, intimidate, or harass the person being followed; or
(ii) Knows or reasonably should know that the person being followed is afraid, intimidated,
or harassed even if the stalker did not intend to place the person in fear or intimidate or
harass the person.
(2)(a) It is not a defense to the crime of stalking under subsection (1)(c)(i) of this section
that the stalker was not given actual notice that the person being followed did not want the
stalker to contact or follow the person; and
(b) It is not a defense to the crime of stalking under subsection (1)(c)(ii) of this section that
the stalker did not intend to frighten, intimidate, or harass the person baro.—f^'�a.
(3) It shall be a defense to the crime of stalking that the defendant is a licensed private
detective acting within the capacity of his or her license as provided by chapter 18.165 RCW.
Additions are Indicated by underline; deletions by strikaout 1189
Ch. 271, § 801 REGULAR SESSION
, (4) Attempts to contact or follow the person after being given actual notice that the person
does not want to be contacted or followed constitutes prima facie evidence that the stalker
intends to intimidate or harass the person.
(5) A person who stalks another person is guilty of a gross misdemeanor except that the
person is guilty of a class C felony if any of the following applies: (a) The stalker has
previously been convicted in this state or any other state of any crime of harassment, as
defined in RCW 9A.46.060, of the same victim or members of the victim's family or household
or any person specifically named in a protective order; (b)
the peFsea stalking violates a oou# any protective order
protecting the person being stalked; es (c) the stalker has previously been convicted of a
gross misdemeanor or felony stalking offense under this section for stalking another person.
(d) the stalker was armed with a deadly weapon, as defined in RCW 9.94A.125, while stalking
the person: (e) the stalker's victim is or was a law enforcement officer. iudee. iuror. attorney
or
or
a
(6) As used in this section:
an
as a
while in transit from one location to another.
(b) "Harasses" means unlawful harassment as defined in RCW 10.14.020.
V'
(c) "Protective order" means any temporary or permanent court order prohibiting or
limiting violence against, harassment of, contact or communication with, or physical proximity
to another person.
(d) "Repeatedly" means on two or more separate occasions.
Sec. 802. RCW 9A.46.060 and 1992 c 186 s 4 and 1992 c 145 s 12 are each reenacted and
amended to read as follows:
As used in this chapter, "harassment" may include but is not limited to any of the following
crimes:
(1) Harassment (RCW 9A.46.020);-
(2) Malicious harassment (RCW 9A.36.080);
(3) Telephone harassment (RCW 9.61.230);
(4) Assault in the first degree (RCW 9A.36.011);
b
(5) Assault of a child in the first degree (RCW 9A.36.120);
(6) Assault in the second degree (RCW 9AA6.021);
(7) Assault of a child in the second degree (RCW 9A.36.130);
(8) Assault in the fourth degree (RCW 9A_36.041);
F
(9) Reckless endangerment in the second degree (RCW 9A.36.050);
(10) Extortion in the fust degree (RCW 9A.56.120);
(11) Extortion in the second degree (RCW 9A.56.130);
(12) Coercion (RCW 9A.36.070);
(13) Burglary in the first degree (RCW 9A.52.020);
(14) Burglary in the second degree (RCW 9A.52.030);
(15) Criminal trespass in the first degree (RCW 9A-52.070);
(16) Criminal trespass in the second degree (RCW 9A.52.080);
1190 Additions are Indicated by underline; deletions by sklkaout
1994 LAWS
(17) Malicious mischief in the firs
(18) Malicious mischief in the sea
(19) Malicious mischief in the this
(20) Kidnapping in the fust degr(
(21) Kidnapping in the second de;
(22) Unlawful imprisonment (RC
(23) Rape in the first degree (RC
(24) Rape in the second degree (i
(25) Rape in the third degree (RI
(26) Indecent liberties (RCW 9A--
(27) Rape of a child in the first c
(28) Rape of a child in the secon
(29) Rape of a child in the third
(30) Child molestation in the firs'
(31) Child molestation in the sec(
(32) Child molestation in the thir
(33) Stalking (RCW 9A.46.110)
(34) iolation of a temporary or
V
9A.46 10.14 10.99 26.09 or 26.50 1
Sec. 803. RCW 13.40.020 and
For the purposes of this chapter
(1) "Serious offender" means a p
offense which if committed by an a
(a) A class A felony, or an atterr
(b) Manslaughter in the first del
(c) Assault in the second degre,
second degree, kidnapping in the i
burglary, or burglary in the second
harm upon another or where durink
offense the perpetrator is armed
9A.04.110;
(2) "Community service" means
the benefit of the community by
Community service may be perfoi
work crews;
(3) "Community supervision" me
youth not committed to the departs
may be for a period of up to two ye
to one year for other offenses.
comprised of one or more of the f
(a) Community-based sanctions;
(b) Community-based rehabilital
(c) Monitoring and reporting re
(4) Community-based sanctions
(a) A fine, not to exceed one hu
(b) Community service not to e:
(5) "Community-based rehabilita
information classes; counseling, of
mental health programs, anger n
Additions are
REGULAR SESSION
1994 LAWS
Ch. 1409 § 2
purposes of this section, "ISO -9000" means the series of standards published in
(2) For the perp
international organization for standardization for
(2) RCW 46.09.130 relat
(3) RCW 46.10.090(2) rel
1987, and subsequent revisions, by the
in design, development, production, final inspection and testing, and
intoxicating liquor or narco
quality assurance
installation and servicing of products, processes, and services.
to the American national standards
of another;
(4) RCW 46.10.130 relat
(3) For the purposes of this section, registration
society for quality control Q90 series shall be considered ISO -9000
(5) Chapter 46.12 RCW
institute/American
registration. of this act, referencin this
g
(6) RCW 46.16.010 relat
purposes
NEW SECTION. Sec. 3. If specific funding for the perp
by June 30, 1994, in the omnibus appropriations act, this
(7) RCW 46.16.011 relat
act by bill number, is not provided
(8) RCW 46.16.160 relat
act is null and void.
NEW SECTION.Sec. 4. This act shall take effect July 1, 1994.
(9) RCW 46.16.381(6) o
placard or license plate fo
Approved March 28, 1994.
(10) RCW 46.20.021 rel;
Effective July 1, 1994.
(11) RCW 46.20.336 re
(12) RCW 46.20.342 re.
(13) RCW 46.20.410 re
CRIMES—RECKLESS ENDANGERMENT OF HIGHWAY WORKERS
license;
(14) RCW 46.20.420 re
CHAPTER 141
revoked license;
(15) RCW 46.20.750 rel
S.S.B. No. 5995
ignition interlock device;
AN ACT Relating to reckless endangerment of highway workers; amending RCW 46.63.020; adding
penalties; and declaring an emergency.
(16) RCW 46.25.170 re
(17) Chapter 46.29 RC
a new section to chapter 46.61 RCW; prescribing
OF THE STATE OF WASHINGTON:
(18) RCW 46.30.040 re
BE IT ENACTED BY THE LEGISLATURE
(19) RCW 4637.435 re
NEW SECTION. Sec. 1. A new section is added to chapter 46.61 RCW to read as
(20) RCW 46.44.180 re
follows:for(21)
The secretary of transportation shall adopt standards and specifications wathe construe- use of
A roadway
RCW 46.48.175
(22) RCW 46 52 010 r r
(1)
traffic control devices in roadway construction zones on state highways.
work is being conducted by
O RCW 46.52.020 re
tion zone is an area where construction, repair, or maintenance
or adjacent to any public roadway.
icle;
an attended vehicle;
public employees or private contractors, on
in a roadway construction zone at a speed greater than
(24) RCW 46.icle;
90 rf
(2) No person may drive a vehicle
that allowed by traffic control devices.
to have committed any infraction relatingtorestrictions
pl e
(25) RCW 46.52.100 r
(26) RCW 46.52.130 r(
to twiceed
(3) A person found the penalty
roadway construction zone shall be assessed a monetary penalty q
may not be waived, reduced, or suspended.
insurance company, an
assessed under RCW 46.63.110. This penalty
in a roadway construction zone in such a manner as to
27 RCW 46.55.020 rE
without a registration cc
(4) A person who drives a vehicle
endanger or be likely to endanger any persons or property, or who removes, evades, or
is of reckless endangerment of
.55.0 .55.035 5
(28) RCW 46 r
intentionally strikes a traffic safety or control device guilty
of this subsection is a gross misdemeanor punishable under
(29) RCW 4 6.61.015
roadway workers. A violation
(30) RCW 46.61.020 r
chapter 9A20 RCW.
(5) The department shall suspend for sixty days the license or permit to drive or a
of reckless endangerment of roadway
(31) RCW 46.61.022
driving privilege of a person convicted
(32) RCW 46.61.024 r
nonresident
workers.(33)
Sec. 2. RCW 46.63.020 and 1993 C 501 s 8 are each amended to read y this title follows:
ibited by
RCW 46.61.500 r
(34) RCW 46.61.502
Failure to perform any act required or the performance of any act proh
or local'law, ordinance, regulation, or resolution
liquor or drugs;
or an equivalent administrative regulation
standing, stopping, and pedestrian offenses, is designated
(35) RCW 46.61.520 i
relating to traffic including parking,
traffic infraction and may not be classified as a criminal offense, except for an offense
administrative
(35) RCW 46.61.522
as a
contained in the following provisions of this title or a violation of an equivalent
(37) RCW 46.61.525
regulation or local law, ordinance, regulation, or resolution:
the operation of a nonhighway vehicle while under the
(1) RCW 46.09.120(2) relating to
influence of intoxicating liquor or a controlled substance;
(39) RCW 4
470 Additions are Indicated by underline; deletions by skikaoat
A
REGULAR SESSION
s of standards published in
-n for standardization for
pection and testing, and
�rican national standards
be considered ISO -9000
f this act, referencing this
is appropriations act, this
ci
u
WAY WORKERS
ng RCW 46.63.020; adding
declaring an emergency.
57 OF WASHINGTON:
46.61 RCW to read as
dfications for the use of
s. A roadway construc-
c is being conducted by
roadway.
it a speed greater than
speed restrictions in a
!al to twice the penalty
-educed, or suspended.
n such a manner as to
o removes, evades, or
kless endangerment of
anor punishable under
permit to drive or a
.ngerment of roadway
I to read as follows:
)rohibited by this title
;elation, or resolution
offenses, is designated
except for an offense
dvalent administrative
hicle while under the
A
1994 LAWS Ch. 141, § 2
(2) RCW 46.09.130 relating to operation of nonhighway vehicles;
(3) RCW 46.10.090(2) relating to the operation of a snowmobile while under the influence of
intoxicating liquor or narcotics or habit-forming drugs or in a manner endangering the person
of another;
(4) RCW 46.10.130 relating to the operation of snowmobiles;
(5) Chapter 46.12 RCW relating to certificates of ownership and registration;
(6) RCW 46.16.010 relating to initial registration of motor vehicles;
(7) RCW 46.16.011 relating to permitting unauthorized persons to drive;
(8) RCW 46.16.160 relating to vehicle trip permits;
(9) RCW 46.16.381(6) or (8) (9) relating to unauthorized use or acquisition of a special
placard or license plate for disabled persons' parking;
(10) RCW 46.20.021 relating to driving without a valid driver's license;
(11) RCW 46.20.336 relating to the unlawful possession and use of a driver's license;
(12) RCW 46.20.342 relating to driving with a suspended or revoked license or status;
(13) RCW 46.20.410 relating to the violation of restrictions of an occupational driver's
license;
(14) RCW 46.20.420 relating to the operation of a motor vehicle with a suspended or
revoked license;
(15) RCW 46.20.750 relating to assisting another person to start a vehicle equipped with an
ignition interlock device;
(16) RCW 46.25.170 relating to commercial driver's licenses;
(17) Chapter 46.29 RCW relating to financial responsibility;
(18) RCW 46.30.040 relating to providing false evidence of financial responsibility;
(19) RCW 46.37.435 relating to wrongful installation of sunscreening material;
(20) RCW 46.44.180 relating to operation of mobile home pilot vehicles;
(21) RCW 46.48.175 relating to the transportation of dangerous articles;
(22) RCW 46.52.010 relating to duty on striking an unattended car or other property;
(23) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to
an attended vehicle;
(24) RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers;
(25) RCW 46.52.100 relating to driving under the influence of liquor or drugs;
(26) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an
insurance company, an employer, and an alcohol/drug assessment or treatment agency;
(27) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator
without a registration certificate;
(28) RCW 46.55.035 relating to prohibited practices by tow truck operators;
(29) RCW 46.61.015 relating to obedience to police officers, flagmen, or fire fighters;
(30) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;
(31) RCW 46.61.022 relating to failure to stop and give identification to an officer;
(32) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;
(33) RCW 46.61.500 relating to reckless driving;
(34) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating
liquor or drugs;
(35) RCW 46.61.520 relating to vehicular homicide brmotor vehicle;
(36) RCW 46.61.522 relating to vehicular assault;
(37) RCW 46.61.525 relating to negligent driving;
(38) Section 1(4) of this act relating to reckless endangerment of roadway workers
(39) RCW 46.61.030 relating to racing of vehicles on highways;
Additions are Indicated by underline; deletions by strikeout 471
Ch. 141, § 2 REGULAR SESSION
1994 LAWS
(.39)(40) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor
referendum bills,
running;
electorate.
(49) 41) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic
(2) A county lel
citation;
county election by
(.41-)(42) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing
ethe proposed el
l
election called by t
crimes;
decided by such g
(42)(43) Chapter 46.65 RCW relating to habitual traffic offenders;
(a) The first Tu
(48)(44) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except
(b) The second
where that chapter provides for the assessment of monetary penalties of a civil nature;
(49)(45) Chapter 46.72 RCW relating to the transportation of passengers in for hire
(c) The Gni Ta
vehicles;
(d) The third Ti
(45)(46) Chapter 46.80 RCW relating to motor vehicle wreckers;
(e) The day of t
(4&) j72 Chapter 46.82 RCW relating to driver's training schools;
(f) The first Tu(
(47)(48) RCW 46.87.260 relating to alteration or forgery of a cab card, letter of authority,
(3) In addition b
or other temporary authority issued under chapter 46.87 RCW;election
to validate
(45)(49) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under
resulting from fails
arthquake, or oth
chapter 46.87 RCW.
in the manner prof
NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the
(4) In a preside
public peace, health, or safety, or support of the state government and its existing public
February, March,
institutions, and shall take effect immediately.
election may be ca'
Approved March 28, 1994.
during the month
Effective March 28, 1994.
(5) This section
general or special i
the purpose of this
those elections hell
ELECTIONS --.SPECIAL ELECTIONS—DATE
the state Constitut
primary elections,
CHAPTER 142
Sec. 2. RCW
(1) All city, tow
S.B. No. 6061
Washington on th,
numbered years.
AN ACT Relating to special elections; amending RCW 29.13.010 and 29.13.020; and providing an
This section shal
effective date.
(a) Elections for
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
(b) Public utility
those districts is a
Sec. 1. RCW 29.13.010 and 1992 c 37 s 1 are each amended to read as follows:
prescribed in the 1:
(1) All state, county, city, town, and district general elections for the election of federal,
(c) Consolidation
state, legislative, judicial, county, city, town, district, and precinct officers, and for the
aid proposals as pr
submission to the voters of the state, county, city, town, or district of any measure for their
(2) The county a
adoption and approval or rejection, shall be held on the first Tuesday after the first Monday
resolution of the gc
of November, in the year in which they may be called. A state-wide general election shall be
forty-five days prii
held on the first Tuesday after the first Monday of November of each year: PROVIDED,
emergency to exist,
That the state-wide general election held in odd -numbered years shall be limited to (a) city,
such special electioi
town, and district general elections as provided for in RCW 29.13.020, or as otherwise
subsection (3) of thi
provided by law; (b) the election of federal officers for the remainder of any unexpired terms
as decided by the 6
in the membership of either branch of the congress of the United States; (c) the election of
(a) The first Tue
state and county officers for the remainder of any unexpired terms of offices created by or
whose duties are described in Article II, section 15, Article III, sections 16, 17, 19, 20, 21, 22,
(b) The second 7
and 23, and Article IV, sections 3 and 5 of the state Constitution and RCW 2.06.080; (d) the
(c) The first Tue
election of county officers in any county governed by a charter containing provisions calling
(d) The third Tu,
for general county elections at this time; and (e) the approval or rejection of state measures,
(e) The day of a
including proposed constitutional amendments, matters pertaining to any proposed constitu-
tional convention, initiative measures and referendum measures proposed by the electorate,
(f) The first Tue:
472 Additions are Indicated by underline; deletions by slilkaout
Ch. 449 § 1 REGULAR SESSION
modified plan shall be transmitted to the legislative authorities of the participating counties.
The legislative authorities shall have forty-five days following receipt to act by motion or
ordinance to confirm or rescind their continued participation in the authority.
(7) If any county opts to not participate in the authority, but two or more contiguous
counties do choose to continue to participate, the authority's board shall be revised according-
ly. The authority shall, within forty-five days, redefine the system and financing plan to
reflect elimination of one or more counties, and submit the redefined plan to the legislative
authorities of the remaining counties for their decision as to whether to continue to
participate. This action shall be completed within forty-five days following receipt of the
redefined plan.
(8) The authority shall place on the ballot within two years of the authority's formation, a
single ballot proposition to mvB the oystem and fifiaR@9 Plan Andauthorize the imposition
of the taxes to support the implementation of an appropriate phase of the plan within its
service area. In addition to the sye
stem plan requirments contained m RCW 81.104.100(2)(d),
the system plan approved by the authority's board before the submittal of
a proposition to the voters shall contain an equity element which:
(a) Identifies revenues anticipated to be generated by corridor and by county within the
authority's boundaries;
(b) Identifies the phasing of construction and operation of high capacity system facilities,
services, and benefits in each corridor. Phasing decisions should give priority to jurisdictions
which have adopted transit -supportive land use plans; and
(c) Identifies the degree to which revenues generated within each county will benefit the
residents of that county, and identifies when such benefits will accrue.
A simple majority of those voting within the boundaries of the authority is required for
approval. If the vote is affirmative, the authority shall begin implementation of the play
projects identified in the proposition. However, the authority may not submit any authoriz-
ing proposition for voter -approved taxes prior to July 1, 1993; nor may the authority issue
bonds or form any local improvement district prior to July 1, 1993.
(9) If the vote on a proposition fails, the board may redefine the o ot�.��. a =-�=a•roi"s "�""
Proposition, make changes to the authority boundaries, and make corresponding changes to
the composition of the board. If the composition of the board is changed, the participating
counties shall revise the membership of the board accordingly. The board may then submit
the revised plan Proposition or a different proposition to the voters. No single system aad
finanging plan proposition may be submitted to the voters more than twice. The authority
__-. _,........A.7;f;,,,,�t „rnnnsitinns on the ballot to impose taxes to support additional phases of
Y,a.............__-
If the authority is unable to achieve a positive vote on a proposition within two years from
the date of the fust election on a systeu+--plaa Proposition, the board may, by resolution,
reconstitute the authority as a single -county body. With a two-thirds vote of the entire
membership of the voting members, the board may also dissolve the authority.
Approved March 21, 1994.
Effective June 9, 1994, 90 days after date of adjournment.
MUNICIPAL TRANSIT VEHICLES -SECURITY -NUISANCE
CHAPTER 45
S.S.B. No. 6505
AN ACT Relating to public transit facility security; amending RCW 7.48.140, 9.66.010, 9.91.025, and
7.48.020; creating a new section; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
98 Additions are Indicated by underline; deletions by stdkew,
1994 LAWS
NEW SECTION. Se
to protect and preserve
vehicles, in order to pr
legislature further finds
fully by the general F
utilization.
The legislature recog
and other municipaliti(
authority to adopt regul
tation vehicles and faeil:
vehicles and facilities.
independent authority t
further finds that this a
in public transportation
authority of cities, toN
municipalities that offer
Sec. 2. RCW 7.48.1
It is a public nuisane
(1) To cause or suffer
be collected, deposited,
(2) To throw or depr
animal, in .any waterco
public highway, or in ar
any such spring, strean
(3) To obstruct or it
collection of water;
(4) To obstruct or el
landing places, and wa;
municipal transit vehir
municipal transit vehicl
with the provision or u:
transit driver, operator
(5) To carry on the i
explosive substance, or
rods of any valuable
(6) To establish pow
from that appointed by
any occupied dwelling
(7) To erect, continu
employment, or manufa
otherwise is offensive r
(8) To suffer or mai
permit to be maintainer
malt, or other intoxicat
of law;
(9) For an owner o:
cesspool, or other hole
more in depth, to fail 1
safeguards: PROVIDE
or more in area or on(
Every person who 1
structure, powder mal
purposes of this sectic
owners of such buildin
proceeded against for r
Ch. 459 § 3 REGULAR SESSION
Sec. 3. RCW 9.66.010 and 1971 ex. s. c 280 s 22 are each amended to read as follows:
A public nuisance is a crime against the order and economy of the state. Every place
(1) Wherein any fighting between meaep ople or animals or birds shall be conducted; or,
(2) Wherein any intoxicating liquors are kept for unlawful use, sale or distribution; or,
(3) Where vagrants resort; and
Every act unlawfully done and every omission to perform a duty, which act or omission
(1) Shall annoy, injure or endanger the safety, health, comfort, or repose of any considera-
ble number of persons; or,
(2) Shall offend public decency; or,
(3) Shall unlawfully interfere with, befoul, obstruct, or tend to obstruct, or render danger-
ous for passage, a lake, navigable river, bay, stream, canal or basin, or a public park, square,
street, alley er= highway or municipal transit vehicle or station; or,
(4) Shall in any way render a considerable number of persons insecure in life or the use of
property;
Shall be a public nuisance.
Sec. 4. RCW 9.91.025 and 1992 c 77 s 1 are each amended to read as follows:
(1) A person is guilty of unlawful bus conduct if while on or in a municipal transit vehicle as
defined by RCW 46.04.355 or in or at a municipal transit station .and with knowledge that
such conduct is prohibited, he or she:
(a) Except while in or at a municipal transit station, smokes or carries a lighted or
smoldering pipe, cigar, or cigarette; QT-
(b)
s(b) Discards litter other than in designated receptacles; QT-
(c)
e(c) Plays any radio, recorder, or other sound -producing equipment except that nothing
herein shall prohibit the use of such equipment when connected to earphones that limit the
sound to individual listeners or the use of a communication device by an employee of the
owner or operator of the municipal transit vehicle or municipal transit station; or
(d) Spits or expectorates; or
(e) Carries any flammable liquid, explosive, acid, or other article or material likely to cause
harm to others except that nothing herein shall prevent a person from carrying a cigarette,
cigar, or pipe lighter or carrying a firearm or ammunition in a way that is not otherwise
prohibited by law; or
(f) Intentionally obstructs or impedes the flow of municipal transit vehicles or passenger
(g) Intentionally disturbs others by engaging in loud or-, raucous, unruly harmful, or
harassin behavior; or
!hl nestrovs. defaces. or otherwise damages property of a municipality as defined in RCW
(2) For the purposes of this section, "municipal transit station' means all facilities,
structures, lands, interest in lands, air rights over lands, and rights of way of all kinds that
are owned, leased, held, or used by a gublie ageae3 municipality as defined in RCW 35.58.272
for the purpose of providing public transportation services including but not limited to, park
and ride lots transit centers and tunnels, and bus shelters.
(3) Unlawful bus conduct is a misdemeanor.
Sec. 5. RCW 7.48.020 and 1891 c 50 s 1 are each amended to read as follows:
Such action may be brought by any person whose property is or whose patrons or
employees are, injuriously affected or whose personal enjoyment is lessened by the nuisance.
If judgment be given for the plaintiff in such action, he or she may, in addition to the
execution to enforce the same, on motion, have an order allowing a warrant to issue to the
sheriff to abate and to deter or prevent the resumption of such nuisance. Such motion shall
be allowed, of course, unless it appear on the hearing that the nuisance has ceased, or that
100 Additions are Indicated by underline; deletions by strlkeou
1994 LAWS
such remedy is inadequate s
case the plaintiff may have
NEW SECTION. Sec. t
circumstance is held invalir
other persons or circumsta
Approved March 21, 1994.
Effective June 9, 1994, 90 d
AGRICULTI
DEALE
AN ACT Relating to the dep
22.09.050, 22.09.055, 221
16.65.090, 16.58.050, 16.51
16.57.220; reenacting R
16.57.400; creating new
BE IT ENACTED BY
Sec. 1. RCW 15.58.07(
(1) Except as provided i
pesticide with the departnr
pesticide registered by tl
registration of pesticides f(
five dollars for each of thr
each of the twenty-sixth the
each of the one hundred f
dollars for each additional I
rule a registration fee no,
intended for home and garr
only fees shall be deposit(
activities of the pesticide
registrations expire on De,
(3) Any registration app
which a renewal application
effect until the director r,
otherwise denied in accorc
Sec. 2. RCW 15.58.08+
If the renewal of a pest
January 1st of each year,
to the original fee. The a
renewal for that pesticide
Addll
Ch. 138, § 1 REGULAR SESSION
not be granted, or otherwise continued under a previous authorization, if such agency is not in
substantial compliance with overall state purchasing and material control policies as estab-
lished herein;
(5) Contract for the testing of material, supplies, and equipment with public and private
agencies as necessary and advisable to protect the interests of the state;
(6) Prescribe the manner of inspecting all deliveries of supplies, materials, and equipment
purchased through the division;
(7) Prescribe the manner in which supplies, materials, and equipment purchased through
the division shall be delivered, stored, and distributed;
(8) Provide for the maintenance of a catalogue library, manufacturers' and wholesalers'
lists, and current market information;
(9) Provide for a commodity classification system and may, in addition, provide for the
adoption of standard specifications after receiving the recommendation of the supply manage-
ment advisory board;
(10) Provide for the maintenance of inventory records of supplies, materials, and other
property;
(11) Prepare rules and regulations governing the relationship and procedures between the
division of purchasing and state agencies and vendors;
(12) Publish procedures and guidelines for compliance by all state agencies, including those
educational institutions to which this section applies, which implement overall state purchas-
ing and material control policies;
(13) Advise state agencies, including these educational institu-
� determine if statutory provisions and supportin
tions
pur.@hg8;1;g A;;d m:ztpi�:zl eontrzol pplioies are being fully impleM ntod, ai;d based upon Fud,
regarding compliance with established purchasing and
material control policies under existing statutes when required.
NEW SECTION. Sec. 2. The following acts or parts of acts are each repealed:
(1) RCW 39.24.020 and 1937 c 164 s 1 & 1933 c 179 s 1;
(2) RCW 39.24.030 and 1933 c 179 s 2;
(3) RCW 39.24.040 and 1933 c 179 s 3;
(4) RCW 39.25.010 and 1967 c 139 s 1;
(5) RCW 39.25.020 and 1967 c 139 s 2;
(6) RCW 39.25.030 and 1967 c 139 s 3;
(7) RCW 43.19.504 and 1981 c 32 s 1;
(8) RCW 43.19.506 and 1981 c 32 s 2; and
(9) RCW 43.19.510 and 1981 e 32 s 3 & 1973 c 13 s 1.
Approved March 28, 1994.
Effective June 9, 1994, 90 days after date of adjournment.
CRIMES—DWI OFFENSES—FORFEITURE OF VEHICLES
CHAPTER 139
S.S.S.B. No. 5341
AN ACT Relating to driving while under the influence of intoxicating liquor or drugs; amending
RCW 46.12.270; adding a new section to chapter 46.61 RCW; repealing RCW 46.61.511, 46.61.312,
46.12.400, and 46.12.410; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
466 Additions are Indicated by underline; deletions by strikeout
REGULAR SESSION
1994 LAWS Ch. 1399 § 1
if such agency is not in
mtrol as
NEW SECTION. Sec. 1. A new section is added to chapter 46.61 RCW to read as
policies estab-
follows:
(1) Upon the arrest of a person or upon the filing of a complaint, citation, or information in
with public and private
tate;
a court of competent jurisdiction, based upon probable cause to believe that a person has
violated RCW 46.61.502 or 46.61.504 or any similar municipal ordinance, if such person has a
aterials, and equipment
previous conviction for violation of either RCW 46.61.502 or 46.61.504 or other similar
municipal ordinance, and where the offense occurs within a five-year period of the previous
ent purchased through
conviction, and where the person has been provided written notice that any transfer, sale, or
encumbrance of such person's interest in the vehicle over which that person was actually
arers' and wholesalers'
driving or had physical control when the violation occurred, is unlawful pending either
acquittal, dismissal, sixty days after conviction, or other termination of the charge, such
person shall be prohibited from encumbering, selling, or transferring his or her interest in
dition, provide for the I
such vehicle, except as otherwise provided in (a), (b), and (c) of this subsection, until either
of the supply manage-
acquittal, dismissal, sixty days after conviction, or other termination of the charge. The
prohibition against transfer of title shall not be stayed pending the determination of an appeal
materials, and other
from the conviction.
(a) A vehicle encumbered by a bona fide security interest may be transferred to the
rocedures between the
secured party or to a person designated by the secured party;
(b) A leased or rented vehicle may be transferred to the lessor, rental agency, or to a
encies,including those
person designated by the lessor or rental agency; and
overall state purchas-
(c) A vehicle may be transferred to a third party or a vehicle dealer who is a bona fide
purchaser or may be subject to a bona fide security interest in the vehicle unless it is
se educational institu-
established that (i) in the case of a purchase by a third party or vehicle dealer, such party or
signs and ortin
dealer had actual notice that the vehicle was subject to the prohibition prior to the purchase,
2nd based upan s,,Qh
or (ii) in the case of a security interest, the holder of the security interest had actual notice
dished purchasing and
that the vehicle was subject to the prohibition prior to the encumbrance of title.
(2) On a second or subsequent conviction for a violation of either RCW 46.61.502 or
3 are each repealed:
46.61.504 or any similar municipal ordinance where such offense was committed within a five-
year period of the previous conviction, the motor vehicle the person was driving or over which
the person had actual physical control at the time of the offense, if the person has a financial
interest in the vehicle, is subject to seizure and forfeiture pursuant to this section.
(3) A vehicle subject to forfeiture under this chapter may be seized by a law enforcement
officer of this state upon process issued by a court of competent jurisdiction. Seizure of a
vehicle may be made without process if the vehicle subject to seizure has been the subject of a
prior judgment in favor of the state in a forfeiture proceeding based upon this section.
(4) Seizure under subsection (3) of this section automatically commences proceedings for
forfeiture. The law enforcement agency under whose authority the seizure was made shall
cause notice of the seizure and intended forfeiture of the seized vehicle to be served within
fifteen days after the seizure on the owner of the vehicle seized, on the person in charge of
the vehicle, and on any person having a known right or interest in the vehicle, including a
community property interest. The notice of seizure may be served by any method authorized
by law or court rule, including but not limited to service by certified mail with return receipt
requested. Service by mail is complete upon mailing within the fifteen-day period after the
seizure. Notice of seizure in the case of property subject to a security interest that has been
perfected on a certificate of title shall be made by service upon the secured party or the
3HICLES
secured party's assignee at the address shown on the financing statement or the certificate of
title.
(5) If no person notifies the seizing law enforcement agency in writing of the person's claim
of ownership or right to possession of the seized vehicle within forty-five days of the seizure,
the vehicle is deemed forfeited.
(6) If a person notifies the seizing law enforcement agency in writing of the person's claim
r or drugs; amending
of ownership or right to possession of the seized vehicle within forty-five days of the seizure,
:W 46.61.511, 46.61.512,
the law enforcement agency shall give the person or persons a reasonable opportunity to be
heard as to the claim or right. The hearing shall be before the chief law enforcement officer
)F WASHINGTON.-
of the seizing agency or the chief law enforcement officer's designee, except where the seizing
agency is a state agency as defined in RCW 34.12.020, the hearing shall be before the chief
Additions are Indicated by underline; deletions by strikeout 467
,
i
Ch. 139, § 1 REGULAR SESSION
1994 LAWS
law enforcement officer of the seizing agency or an administrative law judge appointed under
(4) RCW 46.12.410 and
chapter 34.12 RCW, except that any person asserting a claim or right may remove the matter
Approved March 28, 1994.
to a court of competent jurisdiction. Removal may only be accomplished according to the
Effective June 9, 1994, 90
rules of civil procedure. The person seeking removal of the matter must serve process
against the state, county, political subdivision, or municipality that operates the seizing
agency, and any other party of interest, in accordance with RCW 4.28.080 or 4.92.020, within
forty-five days after the person seeking removal has notified the seizing law enforcement
agency of the person's claim of ownership or right to possession. The court to which the
STATE AGENCI=
matter is to be removed shall be the district court when the aggregate value of the vehicle is
ISO-:
within the jurisdictional limit set forth in RCW 3.66.020. A hearing before the seizing agency
and any appeal therefrom shall be under Title 34 RCW.. In a court hearing between two or
more claimants to the vehicle involved, the prevailing party shall be entitled to a judgment for
costs and reasonable attorneys' fees. The burden of producing evidence shall be upon the
person claiming to be the legal owner or the person claiming to have the lawful right to
possession of the vehicle. The seizing law enforcement agency shall promptly return the
AN ACT Relating to assist
vehicle to the claimant upon a determination by the administrative law judge or court that the
chapter 43.31 RCW; cr
claimant is the present legal owner under Title 46 RCW or is lawfully entitled to possession of
the vehicle.
BE IT ENACTED B)
(7) When a vehicle is forfeited under this chapter the seizing law enforcement agency may
NEW SECTION. Se
sell the vehicle, retain it for official use, or upon application by a law enforcement agency of
international organization
this state release the vehicle to that agency for the exclusive use of enforcing this title;
standards, more than twe:
provided, however, that the agency shall first satisfy any bona fide security interest to which
in Europe have become 1
the vehicle is subject under subsection (1)(a) or (c) of this section.
four hundred United St
(8) When a vehicle is forfeited, the seizing agency shall keep a record indicating the
organization for standard,
identity of the prior owner, if known, a description of the vehicle, the disposition of the
standardization with a vie
vehicle, the value of the vehicle at the time of seizure, and the amount of proceeds realized
The legislature further
from disposition of the vehicle.
of the ISO -9000 series of
(9) Each seizing agency shall retain records of forfeited vehicles for at least seven years.
of the European Commun
(10) Each seizing agency shall file a report including a copy of the records of forfeited
adoption of ISO -9000 to ri
vehicles with the state treasurer each calendar quarter.
as other quality systems,
(11) The quarterly report need not include a record of a forfeited vehicle that is still being
I many small businesses 1'
held for use as evidence during the investigation or prosecution of a case or during the appeal
It is the intent of the I
from a conviction,
development encourage ,
(12) By January 31st of each year, each seizing agency shall remit to the state treasurer an
systems as part of the st
amount equal to ten percent of the net proceeds of vehicles forfeited during the preceding
NEW SECTION. Sec
calendar year. Money remitted shall be deposited in the public safety and education account.
follows:
I
(13) The net proceeds of a forfeited vehicle is the value of the forfeitable interest in the
(1) The department, th
vehicle after deducting the cost of satisfying a bona fide security interest to which the vehicle
to adopt ISO -9000 qualit;
is subject at the time of seizure; and in the case of a sold vehicle, after deducting the cost of
sale, including reasonable fees or commissions paid to independent selling agents.
(a) Prepare and dissen-
(14) The value of a sold forfeited vehicle is the sale price. The value of a retained forfeited
(b) Assemble and main
vehicle is the fair market value of the vehicle at the time of seizure, determined when possible
tions, educational institut
by reference to an applicable commonly used index, such as the index used by the department
assistance to firms that w
of licensing. A seizing agency may, but need not, use an independent qualified appraiser to
(c) Assemble and mair
determine the value of retained vehicles. If an appraiser is used, the value of the vehicle
registration;
appraised is net of the cost of the appraisal.
Sec. 2. RCW 46.12.270 and 1993 c 487 s 6 are each amended to read as follows:
(d) Undertake other ac
Any person violating RCW 46.12.250, or 46.12.260,-GP46A2A4-0 or who transfers, sells, or
(e) Survey appropriate
certification and coordina
encumbers an interest in a vehicle in violation of section 1 of this act with actual notice of the
prohibition, is guilty of a misdemeanor and shall be punished by a fine of not more than two
(f) Establish a mechar
hundred fifty dollars or by imprisonment in a county jail for not more than ninety days.
become ISO -9000 certifie
NEW SECTION. Sec. 3. The following acts or parts of acts are each repealed:
(g) Assist and support]
(1) RCW 46.61.511 and 1993 c 487 s 2;
education, screening, and
(2) RCW 46.61.512 and 1993 c 487 s 3;
(h) Coordinate the Wa
(3) RCW 46.12.400 and 1993 c 487 s 4; and
programs.
468 Additions are Indicated by underline; deletions by strtkaaut
Wash. Leo, seN. 04 - s Addl
LAR SESSION
appointed under
move the matter
according to the
;t serve process
ates the seizing
4.92.020, within
'.aw enforcement
in to which the
of the vehicle is
.e seizing agency
between two or
o a judgment for
call be upon the
lawful right to
aptly return the
or court that the
to possession of
;ent agency may
�ment agency of
arcing this title;
nterest to which
J indicating the
:sposition of the
roceeds realized
ast seven years.
)rds of forfeited
hat is still being
uring the appeal
.ate treasurer an
g the preceding
lucation account.
interest in the
ihich the vehicle
cting the cost of
gents.
atained forfeited
�d when possible
the department
led appraiser to
e of the vehicle
•ead as follows:
insfers, sells, or
ual notice of the
: more than two
an ninety days.
each repealed:
L
u
1994 LAWS Ch. 1409 § 2
(4) RCW 46.12.410 and 1993 c 487 s 5.
i;
Approved March 28, 1994.
Effective June 9, 1994, 90 days after date of adjournment.
i!
I
STATE AGENCIES—TRADE AND ECONOMIC DEVELOPMENT—
ISO-9000 QUALITY SYSTEMS STANDARDS
CHAPTER 140
i
S.S.S.B. No. 5698
AN ACT Relating to assisting companies to adopt ISO -9000 standards; adding a new section to
chapter 43.31 RCW; creating new sections; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
is
NEW SECTION. Sec. 1. The legislature finds that since the publication by the
international organization for standardization of its ISO -9000 series of quality systems
standards, more than twenty thousand facilities in the United Kingdom and several thousand
in Europe have become registered in the standards. By comparison, currently only about
four hundred United States companies have adopted the standards. The international
organization for standardization is a Geneva -based organization founded in 1947 to promote
standardization with a view to facilitating trade.
The legislature further finds that the growing world-wide acceptance by over sixty nations
of the ISO -9000 series of quality systems standards, including adoption by the twelve nations
of the European Community, means that more Washington companies will need to look at the
adoption of ISO -9000 to remain competitive in global markets. Adoption of ISO -9000, as well
as other quality systems, may also help Washington companies improve quality. However,
many small businesses know little about the standards or how registration is achieved.
It is the intent of the legislature that the department of community, trade, and economic,
development encourage and assist state businesses to adopt ISO -9000 and other quality
systems as part of the state's strategy for global industrial competitiveness.
NEW SECTION. Sec. 2. A new section is added to chapter 43.31 RCW to read as
follows: i
(1) The department, through its business assistance center, shall assist companies seeking
to adopt ISO -9000 quality standards. The department shall:
(a) Prepare and disseminate information regarding ISO -9000;
(b) Assemble and maintain information on public and private sector individuals, organiza-
tions, educational institutions, and advanced technology centers that can provide technical
assistance to firms that wish to become ISO—registered;
(c) Assemble and maintain information on Washington firms which have received ISO
registration;
(d) Undertake other activities it deems necessary to execute this section;
(e) Survey appropriate sectors to determine the level of interest in receiving ISO -9000
certification and coordinate with the program;
(f) Establish a mechanism for businesses to make self -assessments of relative need to
become ISO -9000 certified;
(g) Assist and support nonprofit organizations, and other organizations, currently providing
education, screening, and certification training; and i
(h) Coordinate the Washington program with other similar state, regional, and federal
programs.
469
Wash. Lep. SeN. 04 - 8 Additions are indicated by underline; deletions by strikeout
Ch. 2759 § 3 REGULAR SESSIOI l 1994 LAWS
No person may be convicted under
defense to a violation of
an
to
to the omnibus or
or breath samples obtained more
ection if, prior to b
.e vehicle safely off
of this section which
e defendant consume
cal control of the ve
;h or blood to cause
ours after being in
he defendant notifies
the defendant's inter
r hours after the all,
being in actual physical control of a vehicle may be used as evraence Lnac wrcmn Iwo uours Or,
the alleged being in such control a person had an alcohol concentration of 0.10 or more rn a
violation of subsection (1)(a) of this section and in any case in which the analysis shows an
alcohol concentration above 000 may be used as evidence that a person was under the -
influence of or affected by intoxicating liquor or any drug m vrolation.of subsection (1)(b) or
(c) of this section. s
(5) A violation of this section is a gross misdemeanor. �f
NEW SECTION. Sec. 4. A new section is added to chapter 46.61 RCW to read a'I
follows:
(1) A person whose driver's license is not in a probationary, suspended, or revoked status,'
and who has not been convicted of a violation of RCW 46.61.502 or 46.61.504 that was
committed within five years before the commission of the current violation, and who violates';
RCW 46.61.502(1)(a) or 46.61.504(1)(a) because of an alcohol concentration of at least 0.10 but
less than 0.15, or a person who violates RCW 46.61.502(1)(b) or (c) or 46.61.504(1)(b) or (c)'
and for any reason other than the person's refusal to take a test offered pursuant to RCW
46.20.308 the person's alcohol concentration is not proved, is guilty of a gross misdemeanor
and shall be punished as follows:
(a) By imprisonment for not less than one day nor more than one year, Twenty-four,
consecutive hours of the imprisonment may not be suspended or deferred unless the court'
finds that the imposition of this mandatory minimum sentence would impose a substantial risk
to the offender's physical or mental well-being. Whenever the mandatory minimum sentence
is suspended or deferred, the court shall. state in writing the reason for granting the
suspension or deferral and the facts upon which the suspension or deferral is based; and
(b) By a fine of not less than three hundred fifty dollars nor more than five thousand
dollars. Three hundred fifty dollars of the fine may not be suspended or deferred unless the
court finds the offender to be indigent; and
(c) By suspension of the offender's license or permit to drive, or suspension of any
nonresident privilege to drive, for a period of ninety days. The court may suspend all or part
of the ninety -day period of suspension upon a plea agreement executed by the defendant and =?
the prosecutor. The court shall notify the department of licensing of the conviction and of
any period of suspension and shall notify the department of the person's completion of any
period of suspension. Upon receiving notification of the conviction, or if applicable, upon;
receiving notification of the completion of any period of suspension, the department shall issue,
the offender a probationary license in accordance with section 8 of this act. -'
(2) A person whose driver's license is not in a probationary, suspended, or revoked status,,.
and who has not been convicted of a violation of RCW 46.61.502 or 46.61.504 that was;
committed within five years before the commission of the current violation, and who either:'
(a) Violates RCW 46.61.502(1)(a) or 46.61.504(1)(a) because of an alcohol concentration of.
0.15 or more; or
(b) Violates RCW 46.61.502(1)(b) or (c) or 46.61.504(1)(b) or (c) and, because of the person's
refusal to take a test offered pursuant to RCW 46.20.308, there is no test result indicating the
person's alcohol concentration, is guilty of a gross misdemeanor and shall be punished as
follows:
1214 Additions are Indicated by underilne; deietlons by &*wui
(i) By imprisonment for not les
consecutive hours of the imprisons
finds that the imposition of this mar
to the offender's physical or mental
is suspended or deferred, the co
suspension or deferral and the fac
(ii) By a fine of not less than fi
Five hundred dollars of the fine ma
offender to be indigent; and
(iii) By suspension by the depa
suspension of any nonresident priv
The court shall notify the departme
conviction the department shall sus
probationary license in accordance
(3) In exercising its discretion in
the court shall particularly conside
,was responsible for injury or dama
(4) Upon conviction under this sr
probationary status for five years
under section 8 of this act. Being o
during any period of license susper
(5) An offender punishable und(
treatment provisions of section 9 o
(6)(a) In addition to any nonsusl
section, whenever the court imposes
shall not defer a period of confinem
impose conditions of probation that
without a valid license to drive an,
driving a motor vehicle within this s
within two hours after driving; and
blood to determine alcohol concent,
reasonable grounds to believe the
motor vehicle within this state wh
may impose conditions of probatio
supervised probation, or other con
imposed in whole or in part upon v
period.
(b) For each violation of mandatt
(iii) of this subsection, the court s
days, which shall not be suspende(
(c) For each incident involving
under this subsection, the licens(
suspended by the court for thirty d
is suspended, revoked, or denied 2
suspension, revocation, or denial U
shall notify the department of an;
suspension, revocation, or denial ii
NEW SECTION. Sec. 5. A
follows:
(1) A person whose driver's lie
46.61.502(1)(a) or 46.61.504(1)(a) bi
than 0.15 is guilty of a gross misd
(a) By imprisonment for not 1
consecutive days of the imprisons
finds that the imposition of this m2
the offender's physical or mental i
WASH LEG SEVR 07--3 Additions are
REGULAR SESSION
his section if prior to being
Td the vehicle safely off the
two hours after, the alleged
Tnee that within two hours of
entration of 0.10 or more in
which the analysis shows an
at a person was under the
dation of subsection (1)(b) or
,ter 46.61 RCW to read as
tspended, or revoked status;
.502 or 46.61.504 that was
violation, and who violates
mtration of at least 0.10 but
(c) or 46.61.504(1)(b) or (c)
t offered pursuant to RCW
ty of a gross misdemeanor
Ln one year. Twenty-four
deferred unless the court
'd impose a substantial risk
ndatory minimum sentence
reason for granting the
or deferral is based; and
more than five thousand
led or deferred unless the
,e, or suspension of any
rt may suspend all or part
ited by the defendant and
of the conviction and of
?rson's completion of any
in, or if applicable, upon
he department shall issue
this act. ,
coded, or revoked status,
2 or 46.61.504 that was
iolation, and who Either.'
alcohol concentration of
, because of the person's
test result indicating the
id shall be punished as
gout
1994 LAWS Ch. 2759 § 5
(i) By imprisonment for not less than two days nor more than one year. Forty-eight
consecutive hours of the imprisonment may not be suspended or deferred unless the court
finds that the imposition of this mandatory minimum sentence would impose a substantial risk
to the offender's physical or mental well-being. Whenever the mandatory minimum sentence
is suspended or deferred, the court shall state in writing the reason for granting the
suspension or deferral and the facts upon which the suspension or deferral is based; and
(ii) By a fine of not less than five hundred dollars nor more than five thousand dollars.
Five hundred dollars of the fine may not be suspended or deferred unless the court finds the
offender to be indigent; and
(iii) By suspension by the department of the offender's license or permit to drive, or
suspension of any nonresident privilege to drive, for a period of one hundred twenty days.
The court shall notify the department of the conviction, and upon receiving notification of the
conviction the department shall suspend the offender's license and shall issue the offender a
probationary license in accordance with section 8 of this act.
(3) In exercising its discretion in setting penalties within the limits allowed by this section,
the court shall particularly consider whether the person's driving at the time of the offense
was responsible for injury or damage to another or another's property.
(4) Upon conviction under this section, the offender's .driver's license is deemed to be in a
probationary status for five years from the date of the issuance of a probationary license
under section 8 of this act. Being on probationary status does not authorize a person to drive
during any period of license suspension imposed as a penalty for the infraction.
(5) An offender punishable under this section is subject to the alcohol assessment and
treatment provisions of section 9 of this act.
(6)(a) In addition to any nonsuspendable and nondeferrable jail sentence required by this
section, whenever the court imposes less than one year in jail, the court shall also suspend but
shall not defer a period of confinement for a period not exceeding two years. The court shall
impose conditions of probation that include: (i) Not driving a motor vehicle within this state
without a valid license to drive and proof of financial responsibility for the future; (ii) not
driving a motor vehicle within this state while having an alcohol concentration of 0.08 or more
within two hours after driving; and (iii) not refusing to submit to a test of his or her breath or
blood to determine alcohol concentration upon request of a law enforcement officer who has
reasonable grounds to believe the person was driving or was in actual physical control of a
motor vehicle within this state while under the influence of intoxicating liquor. The court
may impose conditions of probation that include nonrepetition, alcohol or drug treatment,
supervised probation, or other conditions that may be appropriate. The sentence may be
imposed in whole or in part upon violation of a condition of probation during the suspension
period.
(b) For each violation of mandatory conditions of probation under (a)(i) and (ii) or (a)(i) and
(iii) of this subsection, the court shall order the convicted person to be confined for thirty
days, which shall not be suspended or deferred.
(c) For each incident involving a violation of a mandatory condition of probation imposed
under this subsection, the license, permit, or privilege to drive of the person shall be
suspended by the court for thirty days or, if such license, permit, or privilege to drive already
is suspended, revoked, or denied at the time the finding of probation violation is made, the
suspension, revocation, or denial then in effect shall be extended by thirty days. The court
shall notify the department of any suspension, revocation, or denial or any extension of a
suspension, revocation, or denial imposed under this subsection.
NEW SECTION. Sec. 5. A new section is added to chapter 46.61 RCW to read as
follows:
(1) A person whose driver's license is in a probationary status and who violates RCW
46.61.502(1)(a) or 46.61.504(1)(a) because of an alcohol concentration of at least 0.10 but less
than 0.15 is guilty of a gross misdemeanor and shall be punished as follows:
(a) By imprisonment for not less than seven days nor more than one year. Seven
consecutive days of the imprisonment may not be suspended or deferred unless the court
finds that the imposition of this mandatory minimum sentence would pose a substantial risk to
the offender's physical or mental well-being. Whenever the mandatory minimum sentence is
WASH LEG SEVR M7-3 Additions are Indicated by underline; deletions by atriksout 1215
Ch. 2759 § 5 REGULAR SESSIO
1994 LAWS
suspended or deferred, the court shall state in writing the reason for granting the suspension
(b) For each violation of n
this subsection, the c
or deferral and the facts upon which the suspension or deferral is based; and
Which shall not be sus
(b) By a fine of not less than five hundred dollars nor more than five thousand dollars.
days,
For each incident inv(
Five hundred dollars of the fine may not be suspended or deferred unless the court finds th
this subsection, the
offender to be indigent; and
under
suspended by the court for t
revoked, or d
(c) By suspension of the offenders license or permit to drive, or suspension of any
is suspended,
revocation, or
nonresident privilege to drive, for a period of one year. The court shall notify the- .:
suspensron,
the department
the
department of the conviction, and upon receiving notification the department shall suspen
shall notify
revocation, or d
the offender's license and shall issue the offender a probationary license in accordance wi
suspension,
SECTION. Sec.
section 8 of this act.
NEW
(2) A person whose driver's license is in a probationary status and who either: rt
who violates
f ol(1)
(a) Violates RCW 46.61.502(1)(a) or 96.61.504(1)(a) because of an alcohol concentration of
A person
or revoked
0.15 or more; or
in a suspended
RCW 46.61.502 or 46.61.50,
(b) Violates RCW 46.61.502(1)(b) or (c) or 46.61.504(1)(h) or (c) and, because of the person'
commission of the current v
refusal to take a test offered pursuant to RCW 46.20.308, there is no test result indicating th. g.
follows:.
person's alcohol concentration, is guilty of a gross misdemeanor and shall be punished as:
(a) By imprisonment for
follows: ,f�r,
Ten
consecutive days of the im
that the imposition of
(i) By imprisonment for not less than ten days nor more than one year. consecutivek
finds
physical or n
days of the imprisonment may not be suspended or deferred unless the court finds thatthe
the offender's
or deferred, the
imposition of this mandatory minimum sentence would pose a substantial risk to the -
offender's physical or mental well-being. Whenever the mandatory minimum sentence'is.`
suspended
or deferral and the facts u
suspended or deferred, the court shall state in writing the reason for granting the suspension
(b) By a fine of not les
or deferral and the facts upon which the suspension or deferral is based; anddollars•
Seven hundred fif
(ii) By a fine of not less than seven hundred fifty dollars nor more than five thousanr, ;
deferred
court finds the offender to
By revocation by the
dollars. Seven hundred fifty dollars of the fine may. not be suspended or unless the",,
(c)
privi
court finds the offender to be indigent; and 7; ,
or of any nonresident
department of the convictic
(iii) By revocation of the offender's license or permit to drive or of any nonresident'. '
shall revoke the offender's
privilege to drive, for a period of four hundred fifty days. The court shall notify thI
ise a's
qu
is otherwise quIn
department of the conviction, and upon receiving notification of the conviction the departmen_-
license, determining that the offender is otherwise,r.
offender
the offender a pr ar
shall revoke the offender's and upon
qualified in accordance with RCW 46.20.311, the department shall issue the offender a -
41
(2 ) exercising its disc
the court shall particularl;
probationary license in accordance with section 8 of this act. :
In its discretion in setting within the limits allowed by this section,_
was responsible for injury
(3) exercising penalties
the court shall particularly consider whether the person's driving at the time of the offense
(3) offender punish:
provisions of so
was responsible for injury or damage to another or another's property. Y;
treatment
subject to the vehicle se
(4) An offender punishable under this section is subject to the alcohol assessment and,
punishable under this se(
treatment provisions of section 9 of this act. An offender punishable under subsection (1) or:
(4)(a) In addition to aA
(2) of this section is subject to the vehicle seizure and forfeiture provisions of RCW 46.61.511...
section, whenever the cow
No offender punishable under this section is eligible for an occupational license under RCW,_
shall not defer a period of
46.20.391. 3`
impose conditions of prob
(5)(a) In addition to any nonsuspendable and nondeferrable jail sentence required by this
without a valid license to
section, whenever the court imposes less than one year in jail, the court shall also suspend but,
driving a motor vehicle w
two hours after dri
shall not defer a period of confinement for a period not exceeding two years. The court shall';
`
within
to determine alcoh
impose conditions of probation that include: (i) Not driving a motor vehicle within this state .'
blood
to be
without a valid license to drive and proof of financial responsibility for the future; (il) not
reasonable grounds
within this
driving a motor vehicle within this state while having an alcohol concentration of 0.08 or more
within two hours after driving; and (iii) not refusing to submit to a test of his or her breath or
law has
motor vehicle
may impose conditions c
probation, or
blood to determine alcohol concentration upon request of a enforcement officer who
reasonable grounds to believe the person was driving or was in actual physical control of a
supervised
imposed in whole or in p
motor vehicle within this state while under the influence of intoxicating liquor. The court -;-,
period.
may impose conditions of probation that include nonrepetition, alcohol or drug treatment,`
(b) For each violation,
supervised probation, or other conditions that may be appropriate. The sentence may be :
(iii) of this subsection, tl
imposed in whole or in part upon violation of a condition of probation during the suspension . -
days, which shall not be
period.
Ad
1216 Additions are Indicated by underline; deletions by strikeout
1994 LAWS Ch. 275, § 6
REGULAR. SESSION
(b) For each violation of mandatory conditions of probation under (a)(i) and (ii) or (a)(i) and
!anon for granting the suspension.
3rral is based; and
(i$) of this subsection, the court shall order the convicted person to be confined for thirty
winch shall not be suspended or deferred.
more than five thousand dollars,
days.
(c) For each incident involving a violation of a mandatory condition of probation imposed
ferred unless the court finds the:
under this subsection, the license, permit, or privilege to driveshallerson be
_
rivileeeto drive
suspended by the court for thirty days or, if such license, p privilege y
to drive, or suspension of any,
is suspended, revoked, or denied at the time the finding of probation violation is made, the
r. The court shall notify the
suspension, revocation, or denial then in effect, shall be extended by thirty days.,- The court
n the department shall suspend.-
shall notify the department of any suspension, revocation, or denial or any extension of a
unary license in accordance with
suspension, revocation, or denial imposed under this subsection.
>j
NEW SECTION. Seca 6. A new section is added to chapter 46:61 RCW to read as
tatus and who either:
follows:
e of an alcohol concentration of
(1) A Person who violates RCW 46.61.502 or 46.61.504 and who either has a driver's license
in a suspended or revoked status or who has been convicted under section 5 of this actor
RCW 46.61.502 or 46.61.504 of an offense that was committed within five years before the
(c) and, because of the person's
commission of the current violation, is guilty of a gross misdemeanor and shall be punished as
re is no test result indicating the.''
follows: ,
minor and shall be punished as-
(a) BYP im risonment for'. not less than ninety days' nor more than one year. 'Ninety
days of the imprisonment may not be suspended or deferred unless the court
han one year. Ten consecutive;'
consecutive
finds that the imposition of this mandatory minimum sentence would pose a substantial risk to
I unless the court finds that the,
the offender's physical or mental well-being. Whenever the mandatory minimum sentence is
lose a substantial risk to the
suspended or deferred, the court'shall state in writing the reason for granting the suspension
andatory minimum, sentence is
or deferral and the facts upon which the suspension or deferral is based; and
son for granting the suspension
(b) By a fine of not less than seven hundred fifty dollars nor more than five thousand
-ral is based; and
dollars. Seven hundred fifty dollars of the fine may not be suspended or deferred unless the
s nor more than five thousand
court finds the offender to be indigent; and
ispended or deferred unless the:.
(c) By revocation by the department of licensing of the offender's license or permit to drive
-
or of any nonresident privilege to drive, for a period of two years. The court shall notify the
drive or of any nonresident-'
department of the conviction, and upon receiving notification of the conviction the department
I. The court shall notify the
shall revoke the offender's license.. Following the revocation and upon determining that the
f the conviction the department;
offender is otherwise qualified in accordance with RCW .46.20.311, the department shall issue
'8
that the offender is otherwise:
the offender a probationary license in accordance with sectionof this act.,
int shall issue the offender a'
(2) In exercising its discretion in setting penalties within the limits allowed by this section,
e
the court shall particularly consider whether the person's driving at the time of the offense
a limits allowed by this section;<
was responsible for injury or damage to another or another's property.
ving at the time of the offense
(3) An offender punishable under this section is subject to the alcohol assessment and
property.
treatment provisions of section 9 of this act. An offender punishable under this section is
subject to the vehicle seizure and forfeiture provisions of RCW 46.61.511. No offender
o the alcohol assessment and:
punishable under this section is eligible for an occupational license under RCW 46.20.391.
fishable under subsection (1) or.
e provisions of RCW 46.61.511.
(4)(a) In addition to any nonsuspendable and nondeferrable jail sentence required by this
cupational license under RCW-
section, whenever the court imposes less than one year in jail, the court shall also suspend but
shall not defer a period of confinement for a period not exceeding two years. The court shall
impose conditions of probation that include: (i) Not driving a motor vehicle within this state
jail sentence required by this'
without a valid license to drive and proof of financial responsibility for the future; (ii) not
he court shall also suspend but
driving a motor vehicle within this state while having an alcohol concentration of 0.08 or more
ng two years. The court sh
within two hours after driving; and (iii) not refusing to submit to a test of his or her breath or
motor vehicle within this sta -
blood to determine alcohol concentration upon request of a law enforcement officer who has
aibility for the future; (ii) not
reasonable grounds to believe the person was driving or was in actual physical control of a
I concentration of 0.08 or mord
motor vehicle within this state while under the influence of intoxicating liquor. The court
o a test of his or her breath or
may impose conditions of probation that include nonrepetition, alcohol or drug treatment,
v enforcement officer who has
supervised probation, or other conditions that may be appropriate. The sentence may be
in actual physical control of a
imposed in whole or in part upon violation of a condition of probation during the suspension
ntoxicating liquor. The court
period.
n, alcohol or drug treatmen
(b) For each violation of mandatory conditions of probation under (a)(i) and (ii) or (a)(i) and
)riate. The sentence may bf
(iii)ofthis subsection, the court shall order the convicted person to be confined for thirty
obation during the suspensi n
days, which shall not be suspended or deferred.
by
Additlons are Indicated by underline; deletions by strikeout 1217
Ch. 275, § 6 REGULAR SESSION
(c) For each incident involving a violation of amandatory, condition of probation imposed
under this subsection, the license, permit, or privilege to drive of the person shall be
suspended by the court for thirty days or, if such license, permit, or privilege to drive already
is suspended, revoked, or denied at the time the finding of probation violation is made, the
suspension, revocation, or denial then in effect shall be extended by thirty days. The court
shall notify the department of any suspension, revocation, or denial or any extension of a
suspension, revocation, or denial imposed under this subsection.
NEW SECTION. Sec. 7. A new section is added to chapter 46.61 BCW to read as'
follows:
(1)(a) In addition to penalties set forth in sections 4 through 6 of this act, a one hundred
twenty-five dollar fee shall be assessed to a person who is either convicted, sentenced to a
lesser charge, or given deferred prosecution, as a result of an arrest for violating RCW
46.61.502, 46.61.504, 46.61.520, or 46.61.522. This fee is for the purpose of funding the
Washington state toxicology laboratory and the Washington state patrol breath test program;
(b) Upon a verified petition by the person assessed the fee, the court may suspend
payment of all or part of the fee if it finds that the person does not have the ability to pay.
(c) When a minor has been adjudicated a juvenile offender for an offense which, if
committed by an' adult, would constitute a violation of RCW 46.61.502, 46.61.504, 46.61.520, or
46.61.522, the court shall assess the one hundred twenty-five dollar fee under (a) of this
subsection. Upon a verified petition by a minor assessed the fee, the court may suspend
payment of all or part of the fee if it finds that the minor does not have the ability to pay the
fee.
(2) The fee assessed under subsection (1) of this section shall be collected by the clerk of
the court and distributed as follows:
(a) Forty percent shall be subject to distribution under RCW 3.46.120, 3.50.100, 35.20.220,
3.62.020, 3.62.040, or 10.82.070.'
(b) If the case involves a blood test by the state toxicology laboratory, the remainder of the
;
fee shall be forwarded to the state treasurer for deposit in the death investigations account to
<'
be used solely for funding the state toxicology laboratory blood testing program.
(c) Otherwise, the remainder of the fee shall be forwarded to the state treasurer for
_Y
deposit in the state patrol highway account to be used solely for funding the Washington state:
patrol breath test program.
PART II—PROBATIONARY LICENSES
NEW SECTION. Sec. 8. A new section is added to chapter 46.61 RCW to read as
follows:
(1) Upon notification of a conviction under RCW 46.61.502 or 46.61.504 for which the
issuance of a probationary driver's license is required, or upon receipt of an abstract
indicating a deferred prosecution has been granted under RCW 10.05.060, the department of
licensing shall order the person to surrender his or her license. The department shall revoke
the license of any person who fails to surrender it as required by this section.
(2) Upon receipt of the surrendered license, and following the expiration of any period of
license suspension or revocation, or following receipt of a sworn statement under section 12 of
this act that requires issuance of a probationary license, the department shall issue the person
a probationary license if otherwise qualified. The probationary license shall be renewed on
the same cycle as the person's regular license would have been renewed until five years after
the date of its issuance.
(3) For each issue or reissue of a license under this section, the department may charge the
fee authorized under RCW 46.20.311 for the reissuance of a license following a revocation for
a violation of RCW 46.61.502 or 46.61.504.
(4) A probationary license shall enable the department and law enforcement personnel to
determine that the person is on probationary status, including the period of that status, for a
violation of BCW 46.61.502 or 46.61.504 or section 12 of this act. That fact that a person has
1218 ` Additions are indicated by underline; deletions by stdkaout
1994 LAWS
been issued a probatior
to insurance companies
12
NEW SECTION.
follows:
(1) A person subject
shall be required by thi
by the department of s,
program approved by
court. The court shall
complete a course or ti
(2) A diagnostic ever
direction of the court
health services or a qua
health services. A col
Based on the diagnost
required to complete a
social and health sen
department of social ai
(3) Standards for al
department of social ar
periodically review the
(4) Any agency that
immediately report to
the court, and to the
conditions of his or her
and the department o1
noncompliance. Any a.
fined two hundred fift}
such failures by an age
revoke the agency's al
(5) The department
such rules as are nece
NEW SECTION.
follows:
(1) Notwithstanding
may not drive, operate
or her system in a cm
(2) A person under
vehicle within this star
RCW 46.61.506, to be,
tests of that person's t
in his or her system.
(3) A test or tests t
after stopping or deter
driving or in actual I
system.
(4) The law enforcf
section shall warn thi
result in that person':
REGULAR SESSION
1994 LAWS Ch. 275,, § 10
)ry condition of probation imposed
been issued a probationary license shall not be a part of the person's record that is available
to drive of the person shall be
to insurance companies.
ermit, or privilege to drive already
(1) Notwithstanding any other provision of this title, a person under the age of twenty-one
of probation violation is made, the
PART III—ASSESSMENT AND TREATMENT
tended by thirty days. The court
or her system in a concentration of 0.02 or above.
i, or denial or any extension of a
NEW SECTION. Sec. 9. A new section is added to chapter 46.61 RCW to read as
=ction.
follows:
o chapter 46.61 RCW to read as
(1) A person subject to alcohol assessment and treatment under section 4, 5, or 6 of this act
unary license shall be renewed on
shall be required by the court to complete a course in an alcohol information school approved
-ough 6.of this act, a one hundred
by the department of social and health services or to complete more intensive treatment in a
.s either convicted, sentenced to a
program approved by the department of social and health services, as determined by the
of an arrest for violating RCW
court. The court shall notify the department of licensing whenever it orders a person to
i for the purpose of funding the
- complete a course or treatment program under this section.
state patrol breath test program.
(2) A diagnostic evaluation and treatment recommendation shall be prepared under the
the fee, the court may suspend
direction of the court by an alcoholism agency approved by the department of social and
a does not have the ability to pay.
health services or a qualified probation department approved by the department of social and
iffender for an offense which, if
health services. A copy of the report shall be forwarded to the department of licensing.
Based on the diagnostic evaluation, the court shall determine whether the person shall be
46.61.502, 46.61.504, 46.61.520, or
required to complete a course in an alcohol information school approved by the department of
i -five dollar fee under (a) of this_
I the fee, the court may suspend
social and health services or more intensive treatment in a program approved by the
toes not have the ability to pay the
department of social and health services.
(3) Standards for approval for alcohol treatment programs shall be prescribed by the
L shall be collected by the clerk of
department of social and health services. The department of social and health services shall
periodically review the costs of alcohol information schools and treatment programs.
RCW 3.46.120, 3.50.100, 35:20.220,
(4) Any agency that provides treatment ordered under section 4, 5, or 6 of this act, shall
immediately report to the appropriate probation department where applicable, otherwise to
the court, and to the department of licensing any noncompliance by a person with the
y laboratory, the remainder of the
Iconditions of his or her ordered treatment. The court shall notify the, department of licensing
he death investigations account to
and the department of social and health services of any failure by an agency to so report
blood testing program.
noncompliance. Any agency with knowledge of noncompliance that fails to so report shall be
arded to the state treasurer for
fined two hundred fifty dollars by the department of social and health services. Upon three
for funding the Washington state
such failures by an agency within one year, the department of social and health services shall
revoke the agency's approval under this section.
(5) The department of licensing and the department of social and health services may adopt
TENSES
such rules as are necessary to carry out this section.
chapter 46.61 RCW to read as .
PART IV—ADMINISTRATIVE REVOCATION
1.502 or 46.61.504 for which the
NEW SECTION. Sec. 10. A new section is added to chapter 46.20 RCW to read as
or upon receipt of an abstract --
follows:
ICW 10.05.060, the department of .t
(1) Notwithstanding any other provision of this title, a person under the age of twenty-one
)se. The department shall revoke
may not drive, operate, or be in physical control of a motor vehicle while having alcohol in his
ired by this section.
or her system in a concentration of 0.02 or above.
ig the expiration of any period of_
(2) A person under the age of twenty-one who drives or is in physical control of a motor
,orn statement under section 12 of
vehicle within this state is deemed to have given consent, subject to the relevant portions of
department shall issue the person
RCW 46.61.506, to be detained long enough, and be transported if necessary, to take a test or
unary license shall be renewed on
tests of that person's blood or breath for the purpose of determining the alcohol concentration
een renewed until five years after
in his or her system.
''
(3) A test or tests may be administered at the direction of a law enforcement officer, who
n, the department may charge the !'
after stopping or detaining the driver, has reasonable grounds to believe that the driver was
license following a revocation for
driving or in actual physical control of a motor vehicle while having alcohol in his or her
system.
and law enforcement personnel to '
(4) The law enforcement officer requesting the test or tests under subsection (2) of this
ng the period of that status, for a
section shall warn the person requested to submit to the test that a refusal to submit will
act. That fact that a person has ',
result in that person's driver's license or driving privilege being revoked.
)ns by strikeout
Additions are Indicated by underline; deletions by strikeout 1219
Ch. 2759 § 10 REGULAR SESSION
_'.Zdr
1994 LAWS
(5) If the person refuses testing, or submits to a test that discloses an alcohol concentration
-`
(i) For a first incident with
of 0.02 or more, the law enforcement officer shall:
(g) For a second or subsegi
(a) Serve the person notice in writing on behalf of the department of licensing of its
the person reaches age twent
intention to suspend, revoke, or deny the person's license, permit, or privilege to drive;
_'
(8) For purposes of this sec'
(b) Serve the person notice in writing on behalf of the department of licensing of the
`.
hundred ten liters of a person
person's right to a hearing, specifying the steps required to obtain a hearing;
blood.
(c) Confiscate the person's Washington state license or permit to drive, if any, and issue a
NEW SECTION. Sec. 11.
temporary license to replace any confiscated license or permit. The temporary license shall
be for
follows:
valid thirty days from the date of the traffic stop or until the suspension or revocation
(1) Any Person requested
of the person's license or permit is sustained at a hearing as provided by subsection (7) of this
Y4
section 10 of this act has a di
section, whichever occurs first. No temporary license is valid to any greater degree than the
license or permit it replaces;
(2) Whenever any person i
detain that person for a rens(
(d) Notify the department of licensing of the traffic stop, and transmit to the department
the status of the person's liter
any confiscated license or permit and a sworn report stating:
"'
and transport the person, if
(i) That the officer had reasonable grounds to believe the person was driving or in actual
alcohol concentration in the p
physical control of a motor vehicle within this state with alcohol in his or her system;
(3) Any person requested
(ii) That pursuant to this section a test of the person's alcohol concentration was adminis-
pursuant to an investigationi
tered or that the person refused to be tested;
herself, give his or her curr
warning required by section l
(iii) If administered, that the test indicated the person's alcohol concentration was 0.02 or
issued under section 10(5) of
higher; and
(iv) Any other information that the department may require by rule.
,7
NEW SECTION. Sec. 12
follows:
(6) Upon receipt of the sworn report of a law enforcement officer under subsection (5) of
(1) This section applies t(
this section, the department shall suspend or revoke the driver's license or driving privilege
46.61.504 who has an alcohol
beginning thirty days from the date of the traffic stop or beginning when the suspension,
under RCW 46.20.308.
revocation, or denial is sustained at a hearing as provided by subsection (7) of this section.
Within fifteen days after notice of a suspension or revocation has been given, the person may,
(2) The arresting officer or
in writing, request a formal hearing. If such a request is not made within the prescribed
4
given shall:
time the right to a hearing is waived. Upon receipt of such request, the department shall
(a) Serve the person noti(
afford the person an opportunity for a hearing as provided in RCW 4620.329 and 46.20.332.
N
intention to suspend, revoke,
The hearing shall be conducted in the county of the arrest. For the purposes of this section,
issue a probationary license;
the hearing shall cover the issues of whether a law enforcement officer had reasonable
(b) Serve the person notice
grounds to believe the person had been driving or was in actual physical control of a motor
"
hearing, specifying the steps
vehicle within this state while having alcohol in his or her system, whether the person refused
(c) Confiscate the person's
to submit to the test or tests upon request of the officer after having been informed that the
temporary license to replace
refusal would result in the revocation of the person's driver's license or driving privilege, and,
if the test or tests of the person's breath or blood was administered, whether the results
be valid for thirty days from
indicated an alcohol concentration of 0.02 or more. The department shall order that the
person's license or permit, or
pursuant to subsection (5) of 1
suspension or revocation of the person's driver's license or driving privilege either be
rescinded or sustained. Any decision by the department suspending or revoking a person's
the previous five years comr
prosecution under chapter 1
driver's license or driving privilege is stayed and does not take effect while a formal hearing
petitions a court for a defem
is pending under this section or during the pendency of a subsequent appeal to superior court
so long as there is no conviction for a moving violation or no finding that the has
court shall direct the departrr
person
committed a traffic infraction that is a moving violation during the pendency of the hearing
additional thirty days but not
treatment plan is not recomrr
and appeal. If the suspension or revocation of the person's driver's license or driving
is rejected by the court, or if
privilege is sustained after the hearing, the person may file a petition in the superior court of
court shall immediately dir(
the county of arrest to review the final order of suspension or revocation by the department
temporary license. No temp
in the manner provided in RCW 46.20.334.
permit it replaces;
(7) The department shall suspend or revoke the driver's license or driving privilege of a
(d) Notify the department
person as required by this section as follows:
license or permit and a swor
(a) In the case of a person who has refused a test or tests:
(i) That the officer had res
(i) For a fust refusal within five years, revocation for one year;
actual physical control of a
(ii) For a second or subsequent refusal within five (tears, revocation or denial for two years.
t;-
into�dcating liquor or drug, c
(b) In the case of an incident where's person has submitted to a test or tests indicating an
(ii) That pursuant to RC'
alcohol concentration of 0.02 or more:
_
administered;
1220 Additions are Indicated by underline; deletions by stAkswl
s,.
Addition
Ch. 2759 § 12
REGULAR SESSION
1994 LAWS
iscloses an alcohol concentration
(i) For a first incident within five years, suspension for ninety days;
For a second or subsequent incident within five years, revocation for one year or until
reaches age twenty-one whichever occurs later.
department of licensing of its
permit, or privilege to drive; `
the person
(g) For purposes of this section, "alcohol concentration" means (a) gr ams of alcohol per two
ten liters of a person's breath, or (b) the percent by weight of alcohol in a person's
department of licensing of the
obtain a hearing;
hundred
blood.
NEW SON. Sec. 11. A new section is added. to chapter 46.61 RCW to read as
mit to drive, if any, and issue a
it. The temporary license shall
follows:
requested or signaled to stop by a law enforcement officer pursuant to
rtil the suspension or revocation
)rovided by subsection (7) of this :
(1) Any person
section 10 of this act has a duty to stop.
is to section 10 of this act, the officer may
to any greater degree than the
(2) Whenever any person stopped pursuant
that person for a reasonable period of time necessary to: Identify the person; check
and transmit to the department
detain
the status of the person's license, insurance identification card, and the vehicle's registration;
transport the person, if necessary, to and administer a test or tests to determine the
person was driving or in actual
and
alcohol concentration in the person's system.
requested to identify himself or herself to a law enforcement officer
alcohol in his or her system; `
(3) Any person
pursuant to an investigation under section to of this act has a duty to identify himself or
an acknowledgement of receipt of the
ohol concentration was adminis-
herself, give his or her current address, and sign
by section 10(4) of this act and receipt of the notice and temporary license
warning required
lcohol concentration was 0.02 or
issued under section 10(5) of this act.
Sea 12. A new section is added to chapter 46.61 RCW to read as
NEW SECTION.
re by rule.
i officer under subsection (5) of
follows: -
(1) This section applies to any person arrested for a violation of RCW 46.6nor
iste
concentration of 0.10 or higher as shown by a test administered
,er's license or driving privilege
46.61.504 who has an alcohol
)eginning when the suspension,
y subsection (7) of this section. 'i
under RCW 46.20.308.
(2) The arresting officer or other law enforcement officer at whose direction the test was
has been given, the person may, g
not made within the prescribed a
department
given shall:
(a) Serve the person notice in writing on behalf of 'the department of licensing of its
or privilege to drive or to
i request, the shall
intention to suspend, revoke, or deny the person's license, permit,
n RCW 46.20.329 and 46.20.332.
or the purposes of this section,
issue a probationary license;
Serve the notice in writing on behalf of the department of the person's right to a
-cement officer had reasonable
tual physical control of a motor ?
(b) person
hearing, specifying the steps required to obtain a hearing;
to drive, if any, and issue a
em, whether the person refused
having been informed that the #
(c) Confiscate the person's Washington state license or permit
license to replace any confiscated license or permit. The temporary license shall
•
license or driving privilege, and,
temporary
be valid for thirty days from the date of arrest or until the suspension or revocation of the
license, is sustained at a hearing
ministered, whether the results
person's license or permit, or. the issuance of a probationary
(5) this section, whichever occurs first. If the person has not within
epartment shall order that the
or driving privilege either be a
pursuant to subsection of
the previous five years committed an offense for which he or she was granted a deferred
thirty days of the arrest the person
;pending or revoking a person's
ce effect while a formal hearingpetitions
prosecution under chapter 10.05 RCW, and within
a court for a deferred prosecution on criminal charges arising out of the arrest, the
license by at least an
iequent appeal to superior court
no finding that the person has
court shall direct the department to extend the period of the temporary
additional thirty days but not more than an additional sixty days. If a deferred prosecution
RCW 10.05.050, or if treatment
ng the pendency of the hearing
m's driver's license or driving i
treatment plan is not recommended in the report made under
is rejected by the court, or if the person declines to accept an offered treatment plan, then the
to cancel any. period of extension of the
petition in the superior court of
r revocation by the department
court shall immediately direct the department
temporary license. No temporary license is valid to any greater degree than the license or
icense or driving privilege of a
permit it replaces;
(d) Notify the department of the arrest, and transmit to the department any confiscated
license or permit and a sworn report stating:
(i) That the officer had reasonable grounds to believe the arrested person was driving or in
under the influence of
actual physical control of a motor vehicle within this state while
year;
liquor or drug, or both;
vocation or denial for two years.intoxicating
(ii) That pursuant to RCW 46.20.308 a test of the person's alcohol concentration was
I to a test or tests indicating an
administered; 1221
Additions are Indicated by underline; deletions by atrikeoat
i by strikeout
CII. 275' § 12
WE
REGULAR SESSIO N,
1994 LAWS
(iii) That the test indicated that the person's alcohol concentration was 0.10 or higher; and
PP
Gv) Any other information that the department may require by rule.
(3) Upon receipt of a sworn statement under subsection (2) of this section, the department
shall suspend, revoke, or deny the license,
'
Sec. 13. RCW 46.20.308 an
person's permit, or driving privilege, or shall issue
p ary
arobation license effective beginning thirtydays from the date of the arrest
'
(1) Any person who operates
subject to the provision
or
beginning when the suspension,denial, revocation or issuance is sustained at a hearing
pursuant to subsection (5) of this section, whichever occurs first. The suspension, revocation
`.
consent,
blood for the purpose of deterr
for any offense where,
or denial, or issuance of a probationary license, shall be as follows:
arrested
grounds to believe the person h
(a) Upon receipt of a fust sworn statement, issuance of a probationary license under-
vehicle while under the influenc
section 8 of this act;
(2) The test or tests of breat)
(b) Upon receipt of a second or subsequent statement indicating an arrest date that is
within five years of the arrest date indicated
'`
officer having reasonable grour
control of a motor vehi
by a previous statement, revocation for two
years.
physical
liquor. However, in those inst
(4) A person receiving notification under subsection (2) of this section may, within five days
after his or her arrest, request a hearing before the "under
injury, physical incapacity, or o,
as a result of a traffic acciden
doctor's
department subsection (5) of this
section. The request shall be in writing. The person shall pay a fee of one hundred dollars
hospital, clinic, office, o:
present, a blood test shall
as part of the request. If the request is mailed, it must be postmarked within five days after
the arrest,
not
46.61.506(4). The officer shall i
t
y.
blood test, and of his or her t
(5) Upon timely receipt of a request and a one hundred dollar fee under subsection (4) of
this section, the department shall afford the
-
person of his or her choosing
driver that (a) his or her
person an opportunity for a hearing. Except as
otherwise provided in this section, the hearing is subject to and shall be scheduled
Y,
that
submit to the test, and (b) that
and
conducted in accordance with RCW 46.20.329 and 46.20.332. The hearing shall be conducted
in the county of. arrest, except that all or part of the hearing may, at the discretion
;Y
_--�
(3) Except as provided in this
of the
department, be conducted by telephone or other electronic means. The hearing shall be held
within thirty days following the arrest, unless otherwise agreed to by the
at
an individual is unconscious or is
in RCW 46.61.520 or vehicular
department and the
person. The hearing shall cover the issues of:
under arrest for the crime of dr
(a) Whether the law enforcement officer had reasonable grounds to believe the person was
driving or in actual physical control
as Provided RCW 46ere is i
has been igjured and there s
of a motor vehicle within this state while under the
influence of intoxicating liquor;
result of injuries sustained in
(b) Whether the test of the person's alcohol concentration was administered in accordance
with RCW 46.20.308; and
without the consent of the indi,
(4) Any person who is dead, ,
(c) Whether the test indicated that the person's alcohol concentration was 0.10 or higher.
or her incapable of refusal, sha
subsection (1) of this section
(6) The period of any suspension, revocation, or denial imposed under this section shall
provisions of RCW 96.ion
run
consecutively to the period of any suspension, revocation, or denial imposed pursuant to a
criminal conviction arising out of the same incident. A suspension, revocation,
(, c
required under subsection e c
(5) If, following his or her
or denial
imposed under this section shall be stayed if the person is accepted for deferred prosecution
as provided in chapter 10.05 RCW for the incident upon which the suspension,
section, the person arrested ret
a tests tests of his or her
revocation, or
denial is based. If the deferred prosecution is terminated, the stay shall be lifted and the
suspension, revocation, or denial reinstated.
under subsection (3) or (4) of t
u
If the deferred prosecution is completed, the
stay shall be lifted and the suspension, revocation, or denial canceled.
(6) The department of licensi
officer that the officer had re
(7) If the suspension, revocation, denial, or issuance is sustained after such a hearing, the
person whose license, privilege, or permit is suspended, revoked, denied,
driving or was in actual physic
influence of intoxicating liquor ;
or or who has been
issued a probationary license, has the right to file a petition in the superior court of the
county of arrest in the same manner
upon the request of the law on'i
the revocation of the person':
as an appeal from a decision of a court of limited
jurisdiction. The appellant must pay the costs associated with obtaining the record of the
hearing before the hearing officer. A
to drive or any nonresident op
to
court may stay the suspension, revocation, or denial if
it finds that the appellant is likely to prevail in the appeal and that without a stay the
(7) Upon revoking the livens
any person, the department r
appellant will suffer irreparable igjury. If the court stays the suspension, revocation, or
denial, it may impose conditions
personal service or by certifie
on such stay.
person's right to a hearing, sI
(8) When it has been finally determined under the procedures of this section that a
nonresident's privilege to operate a motor vehicle in this state has been suspended,
Within fifteen days after the r
formal hearing. The person
revoked,
or denied, the department shall give information in writing of the action taken to the motor
vehicle administrator of the state of the
Upon receipt of such request
as pr
person's residence and of any state
has a license. ate in which he or she
gond cted innityothe county of the
1222 Additions are Indicated by underline; deletions by stdkwW
hearing shall cover the issues o
Additions t
Ch. 2759 § 20 REGULAR.
Vehicle Prowl 1 (RCW 9A.52.095)
Attempting to Elude a Pursuing Police Vehicle (RCW 46.61
Malicious Mischief 2 (RCW 9A.48.080)
Reckless Burning 1 (RCW 9AA8.040)
Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)
Unlawful Use of Food Stamps (RCW 9.91.140(2) and (3))
False Verification for Welfare (RCW 74.08.055)
Forged Prescription (RCW 69.41.020)
Forged Prescription for a Controlled Substance (RCW 69.50,
Possess Controlled Substance that is a Narcotic from Schedule
IV, or V or Non-narcotic from Schedule I-V (except phenc
dine) (RCW 69.50.401(d))
PART IX—INTERLOCK
Sec. 21. RCW 46.20.710 and 1987 c 247 s 1 are each' amended to read as follows
The legislature finds and declares:
(1) There is a need to reduce the incidence of drivers on the highways and roads of this.,
state who, because of their use, consumption, or possession of alcohol, pose a danger to the`
health and safety of other drivers;
(2) One method of dealing with the problem of drinking drivers is to discourage the use of --
motor vehicles by persons who possess or have consumed alcoholic beverages;
(3) The installation of an ignition interlock breath alcohol device or other biological or
technical device will provide a means of deterring the use of motor vehicles by persons who "
have consumed alcoholic beverages;
(4) Ignition interlock and other biological and technical devices are designed to supplement
other methods of punishment that prevent drivers from using a motor vehicle after using,
possessing, or consuming alcohol;
(5) It is economically and technically feasible to have an ignition interlock or other
biological or technical device installed in a motor vehicle in such a manner that the vehicle will
not start if the operator has recently consumed alcohol.
Sec. 22. RCW 46.20.720 and 1987 c 247 s 2 are each amended to read as follows::.
The court may order any person convicted of any offense involving the use, consumption, or
possession of alcohol while operating a motor vehicle to drive only a motor vehicle equipped
with a functioning ignition interlock or other biological or technical device, and the restriction
shall be for a period of not less than six months.
The court shall establish a specific calibration setting at which the ignition interlock or
other biological or technical device will prevent the motor vehicle. from being started and the
period of time that the person shall be subject to the restriction.
For purposes of this section, "convicted" means being found guilty of an offense or being
placed on a deferred prosecution program under chapter 10.05 RCW.
Sec. 23. RCW 46.20.730 and 1987 c 247 s 3 are each amended to read as follows:
For the purposes of RCW 46.20.720, 46.20.740, and 46.20.750, "ignition interlock device"
means breath alcohol analyzed ignition equipment, certified by the state commission on .
equipment, designed to prevent a motor vehicle from being operated by a person who has
consumed an alcoholic beverage, and "other biological or technical device" maanc nnv ao,ri o
a
a
certuication, installation, repair, and removal of the devices
- -
Sec. 24. RCW 46.20.740 and 1987 c 247 s 4 are each amended to read as follows:
The department shall attach or imprint a notation on the driver's license of any person
restricted under RCW 46.20.720 stating that the person may operate only a motor vehicle
equipped with an ignition interlock or other biological or technical device.
1230 Additions are Indicated by underline; deletions by strikeout
1g94 LAWS
See. 25. RCW 46.20.750 ai
erson who knowingly ass
A
1,
other biological 1
interlock ^"
E.1
a is guilty of a gr(
eourt order
The provisions of this section
to start a motor vehicle, equip
deice is done for the purpose
the person subject to the cour
See. 26. RCW 46.61.506 t
(1) Upon the trial of any civ
have been committed by any
while under the influence of i
that may be considered with
was under the influence of in
(2) The breath analysis sha
breath- The foregoing prov
con
introduction
i
under the influencny e of asof n
(3) Analysis of the person',
this section or RCW 46.61.50
approved by the state toxicol(
state toxicologist for this pun
techniques or methods, to sill,
tions and competence to cone
termination or revocation at
(4) When a blood test is
withdrawal of blood for the
only by a physician, a regis'
apply to the taking of breat
(5) The person tested ma;
nurse, or other qualified pei
addition to any administere
inability to obtain an additio
relating to the test or tests
(6) Upon the request of t
law enforcement officer, full
to him or her or his or her
Sec. 27. RCW 46.20.31:
(1) The department shall
on the public highways fo
permitted under RCW 46.21
under RCW 46.20.289 and
person is suspended by re
committed, pursuant to ch
shall remain in effect unt
responsibility for the futur
issue to the person a new,
twenty dollars. If the susl
the reissue fee shall be fifl
:: 1 Addid
CITY OF BAINBRIDGE ISLAND
AFFIDAVIT OF ADOPTION
STATE OF WASHINGTON
COUNTY OF KITSAP
I, SUSAN P. KASPER, being first duly sworn upon oath depose and state:
That I am duly appointed, qualified and acting City Clerk for the City of
Bainbridge Island, Kitsap County, Washington; that on the 30th day of June, 1994, the
City Council approved Ordinance No. 94-19, Amending the City's Criminal Code
Sections 2.20.010, 9.04.020, 9.10.010, 9.21.010 and 9.23.010 and adding new sections
to Chapters 9.80 and 10.04 of the Bainbridge Island Municipal Code. On July 1, 1994,
I caused to be posted a full and complete text of Ordinance No. 94-19, and the statutes
it adopted by reference at City Hall, the Bainbridge Island Chamber of Commerce and
the Bainbridge Island Ferry Terminal and a full and complete text of Ordinance No. 94-
19, has been placed in the Minutes Book, the ordinance book and subsequent copy book
in compliance with RCW 35A.12.140.
Lv-x�
ST- SAN P. KASPER
SIGNED AN SWORN TO before me on --/—�5 , 1994 by
Susan P. Kasper!
SNo Public ' d for the State of Washington,
residing atMy
appointment expires lt,7 -.