Gross misdemeanor penalties

AN ACT Relating to increasing the maximum authorized term of 1
imprisonment for certain gross misdemeanor offenses; amending RCW 2
9A.20.021, 9A.36.041, and 46.61.5055; and prescribing penalties.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
Sec. 1. RCW 9A.20.021 and 2015 c 265 s 16 are each amended to 5
read as follows: 6
(1) Felony. Unless a different maximum sentence for a classified 7
felony is specifically established by a statute of this state, no 8
person convicted of a classified felony shall be punished by 9
confinement or fine exceeding the following: 10
(a) For a class A felony, by confinement in a state correctional 11
institution for a term of life imprisonment, or by a fine in an 12
amount fixed by the court of ((fifty thousand dollars )) $50,000, or 13
by both such confinement and fine; 14
(b) For a class B felony, by confinement in a state correctional 15
institution for a term of ((ten)) 10 years, or by a fine in an amount 16
fixed by the court of ((twenty thousand dollars)) $20,000, or by both 17
such confinement and fine; 18
(c) For a class C felony, by confinement in a state correctional 19
institution for five years, or by a fine in an amount fixed by the 20
H-3153.1
HOUSE BILL 2670
State of Washington 69th Legislature 2026 Regular Session
By Representative Ley
Read first time 01/26/26. Referred to Committee on Community Safety.
p. 1 HB 2670
court of ((ten thousand dollars )) $10,000, or by both such 1
confinement and fine. 2
(2) Gross misdemeanor. Every person convicted of a gross 3
misdemeanor defined in Title 9A RCW shall be punished by imprisonment 4
or fine as follows:5
(a) Except as provided in (b) of this subsection, every person 6
shall be punished by imprisonment in the county jail for a maximum 7
term fixed by the court of up to ((three hundred sixty-four )) 364 8
days, or by a fine in an amount fixed by the court of not more than 9
((five thousand dollars )) $5,000, or by both such imprisonment and 10
fine. 11
(b) Every person convicted of assault in the fourth degree under 12
the circumstances described in RCW 9A.36.041(4) shall be punished by 13
imprisonment in the county jail for a maximum term fixed by the court 14
of up to 365 days, or by a fine in an amount fixed by the court of 15
not more than $5,000, or by both such imprisonment and fine.16
(3) Misdemeanor. Every person convicted of a misdemeanor defined 17
in Title 9A RCW shall be punished by imprisonment in the county jail 18
for a maximum term fixed by the court of not more than ((ninety)) 90 19
days, or by a fine in an amount fixed by the court of not more than 20
((one thousand dollars )) $1,000, or by both such imprisonment and 21
fine. 22
(4) This section applies to only those crimes committed on or 23
after July 1, 1984. 24
(5) The fines in this section apply to adult offenders only.25
Sec. 2. RCW 9A.36.041 and 2021 c 215 s 106 are each amended to 26
read as follows: 27
(1) A person is guilty of assault in the fourth degree if, under 28
circumstances not amounting to assault in the first, second, or third 29
degree, or custodial assault, he or she assaults another.30
(2) ((Assault in the fourth degree is a gross misdemeanor, 31
except)) Except as provided in subsection (3) or (4) of this section, 32
assault in the fourth degree is a gross misdemeanor punishable by a 33
maximum term fixed by the court of up to 364 days, or by a fine in an 34
amount fixed by the court of not more than $5,000, or by both such 35
imprisonment and fine. 36
(3)(a) Assault in the fourth degree occurring after July 23, 37
2017, and before March 18, 2020, where domestic violence is pleaded 38
and proven, is a class C felony if the person has two or more prior 39
p. 2 HB 2670
adult convictions within ((ten)) 10 years for any of the following 1
offenses occurring after July 23, 2017, where domestic violence was 2
pleaded and proven: 3
(i) Repetitive domestic violence offense as defined in RCW 4
9.94A.030; 5
(ii) Crime of harassment as defined by RCW 9A.46.060;6
(iii) Assault in the third degree; 7
(iv) Assault in the second degree; 8
(v) Assault in the first degree; or 9
(vi) A municipal, tribal, federal, or out-of-state offense 10
comparable to any offense under (a)(i) through (v) of this 11
subsection. 12
For purposes of this subsection (3)(a), "family or household 13
members" for purposes of the definition of "domestic violence" means 14
spouses, domestic partners, former spouses, former domestic partners, 15
persons who have a child in common regardless of whether they have 16
been married or have lived together at any time, persons ((sixteen)) 17
16 years of age or older who are presently residing together or who 18
have resided together in the past and who have or have had a dating 19
relationship, and persons ((sixteen)) 16 years of age or older with 20
whom a person ((sixteen)) 16 years of age or older has or has had a 21
dating relationship. "Family or household member" also includes an 22
"intimate partner" as defined in RCW 10.99.020. 23
(b) Assault in the fourth degree occurring on or after March 18, 24
2020, where domestic violence against an "intimate partner" as 25
defined in RCW 10.99.020 is pleaded and proven, is a class C felony 26
if the person has two or more prior adult convictions within ((ten)) 27
10 years for any of the following offenses occurring after July 23, 28
2017, where domestic violence against an "intimate partner" as 29
defined in RCW 10.99.020 or domestic violence against a "family or 30
household member" as defined in (a) of this subsection was pleaded 31
and proven: 32
(i) Repetitive domestic violence offense as defined in RCW 33
9.94A.030; 34
(ii) Crime of harassment as defined by RCW 9A.46.060;35
(iii) Assault in the third degree; 36
(iv) Assault in the second degree; 37
(v) Assault in the first degree; or 38
p. 3 HB 2670
(vi) A municipal, tribal, federal, or out-of-state offense 1
comparable to any offense under (b)(i) through (v) of this 2
subsection. 3
(4)(a) Assault in the fourth degree occurring on or after the 4
effective date of this section, and not constituting a class C felony 5
under subsection (3) of this section, is punishable by a maximum term 6
fixed by the court of up to 365 days, or by a fine in an amount fixed 7
by the court of not more than $5,000, or by both such imprisonment 8
and fine, if either:9
(i) Domestic violence is pleaded and proven; or10
(ii) There is a finding of sexual motivation under RCW 9.94A.835.11
(b) Nothing in this subsection shall be construed as altering the 12
elements of the offense, the pleading requirements for any special 13
allegation, or the classification of the offense.14
Sec. 3. RCW 46.61.5055 and 2024 c 306 s 31 are each amended to 15
read as follows: 16
(1) No prior offenses in seven years. Except as provided in RCW 17
46.61.502(6) or 46.61.504(6), a person who is convicted of a 18
violation of RCW 46.61.502 or 46.61.504 and who has no prior offense 19
within seven years shall be punished as follows: 20
(a) Penalty for alcohol concentration less than 0.15. In the case 21
of a person whose alcohol concentration was less than 0.15, or for 22
whom for reasons other than the person's refusal to take a test 23
offered pursuant to RCW 46.20.308 there is no test result indicating 24
the person's alcohol concentration: 25
(i) By imprisonment for not less than 24 consecutive hours nor 26
more than ((364)) 365 days. In lieu of the mandatory minimum term of 27
imprisonment required under this subsection (1)(a)(i), the court, in 28
its discretion, may order not less than 15 days of electronic home 29
monitoring or a 90-day period of 24/7 sobriety program monitoring. 30
The court may consider the offender's pretrial 24/7 sobriety program 31
monitoring as fulfilling a portion of posttrial sentencing. The 32
offender shall pay the cost of electronic home monitoring. The county 33
or municipality in which the penalty is being imposed shall determine 34
the cost. The court may also require the offender's electronic home 35
monitoring device or other separate alcohol monitoring device to 36
include an alcohol detection breathalyzer, and the court may restrict 37
the amount of alcohol the offender may consume during the time the 38
offender is on electronic home monitoring; and 39
p. 4 HB 2670
(ii) By a fine of not less than $350 nor more than $5,000. $350 1
of the fine may not be suspended unless the court finds the offender 2
to be indigent; or 3
(b) Penalty for alcohol concentration at least 0.15. In the case 4
of a person whose alcohol concentration was at least 0.15, or for 5
whom by reason of the person's refusal to take a test offered 6
pursuant to RCW 46.20.308 there is no test result indicating the 7
person's alcohol concentration: 8
(i) By imprisonment for not less than 48 consecutive hours nor 9
more than ((364)) 365 days. In lieu of the mandatory minimum term of 10
imprisonment required under this subsection (1)(b)(i), the court, in 11
its discretion, may order not less than 30 days of electronic home 12
monitoring or a 120-day period of 24/7 sobriety program monitoring. 13
The court may consider the offender's pretrial 24/7 sobriety program 14
testing as fulfilling a portion of posttrial sentencing. The offender 15
shall pay the cost of electronic home monitoring. The county or 16
municipality in which the penalty is being imposed shall determine 17
the cost. The court may also require the offender's electronic home 18
monitoring device to include an alcohol detection breathalyzer or 19
other separate alcohol monitoring device, and the court may restrict 20
the amount of alcohol the offender may consume during the time the 21
offender is on electronic home monitoring; and 22
(ii) By a fine of not less than $500 nor more than $5,000. $500 23
of the fine may not be suspended unless the court finds the offender 24
to be indigent. 25
(2) One prior offense in seven years. Except as provided in RCW 26
46.61.502(6) or 46.61.504(6), a person who is convicted of a 27
violation of RCW 46.61.502 or 46.61.504 and who has one prior offense 28
within seven years shall be punished as follows: 29
(a) Penalty for alcohol concentration less than 0.15. In the case 30
of a person whose alcohol concentration was less than 0.15, or for 31
whom for reasons other than the person's refusal to take a test 32
offered pursuant to RCW 46.20.308 there is no test result indicating 33
the person's alcohol concentration: 34
(i) By imprisonment for not less than 30 days nor more than 35
((364)) 365 days and 60 days of electronic home monitoring. Thirty 36
days of imprisonment and 60 days of electronic home monitoring may 37
not be suspended or converted unless the court finds that the 38
imposition of this mandatory minimum sentence would impose a 39
substantial risk to the offender's physical or mental well-being. If 40
p. 5 HB 2670
the offender shows that the imposition of this mandatory minimum 1
sentence would impose a substantial risk to the offender's physical 2
or mental well-being, in lieu of the mandatory term of imprisonment 3
and electronic home monitoring under this subsection (2)(a)(i), the 4
court may order a minimum of either 180 days of electronic home 5
monitoring or a 120-day period of 24/7 sobriety program monitoring 6
pursuant to RCW 36.28A.300 through 36.28A.390. Whenever the mandatory 7
minimum sentence is suspended or converted, the court shall state in 8
writing the reason for granting the suspension or conversion and the 9
facts upon which the suspension or conversion is based. The court may 10
consider the offender's pretrial 24/7 sobriety program monitoring as 11
fulfilling a portion of posttrial sentencing. The court shall order 12
an expanded substance use disorder assessment and treatment, if 13
deemed appropriate by the assessment. The offender shall pay for the 14
cost of the electronic monitoring. The county or municipality where 15
the penalty is being imposed shall determine the cost. The court may 16
also require the offender's electronic home monitoring device include 17
an alcohol detection breathalyzer or other separate alcohol 18
monitoring device, and may restrict the amount of alcohol the 19
offender may consume during the time the offender is on electronic 20
home monitoring; and 21
(ii) By a fine of not less than $500 nor more than $5,000. $500 22
of the fine may not be suspended unless the court finds the offender 23
to be indigent; or 24
(b) Penalty for alcohol concentration at least 0.15. In the case 25
of a person whose alcohol concentration was at least 0.15, or for 26
whom by reason of the person's refusal to take a test offered 27
pursuant to RCW 46.20.308 there is no test result indicating the 28
person's alcohol concentration: 29
(i) By imprisonment for not less than 45 days nor more than 30
((364)) 365 days and 90 days of electronic home monitoring. Forty-31
five days of imprisonment and 90 days of electronic home monitoring 32
may not be suspended or converted unless the court finds that the 33
imposition of this mandatory minimum sentence would impose a 34
substantial risk to the offender's physical or mental well-being. If 35
the offender shows that the imposition of this mandatory minimum 36
sentence would impose a substantial risk to the offender's physical 37
or mental well-being, in lieu of the mandatory minimum term of 38
imprisonment and electronic home monitoring under this subsection 39
(2)(b)(i), the court may order a minimum of either six months of 40
p. 6 HB 2670
electronic home monitoring or a 120-day period of 24/7 sobriety 1
program monitoring pursuant to RCW 36.28A.300 through 36.28A.390. 2
Whenever the mandatory minimum sentence is suspended or converted, 3
the court shall state in writing the reason for granting the 4
suspension or conversion and the facts upon which the suspension or 5
conversion is based. The court may consider the offender's pretrial 6
24/7 sobriety program monitoring as fulfilling a portion of posttrial 7
sentencing. The court shall order an expanded substance use disorder 8
assessment and treatment, if deemed appropriate by the assessment. 9
The offender shall pay for the cost of the electronic monitoring. The 10
county or municipality where the penalty is being imposed shall 11
determine the cost. The court may also require the offender's 12
electronic home monitoring device include an alcohol detection 13
breathalyzer or other separate alcohol monitoring device, and may 14
restrict the amount of alcohol the offender may consume during the 15
time the offender is on electronic home monitoring; and16
(ii) By a fine of not less than $750 nor more than $5,000. $750 17
of the fine may not be suspended unless the court finds the offender 18
to be indigent. 19
(3) Two prior offenses in seven years. Except as provided in RCW 20
46.61.502(6) or 46.61.504(6), a person who is convicted of a 21
violation of RCW 46.61.502 or 46.61.504 and who has two prior 22
offenses within seven years shall be punished as follows:23
(a) Penalty for alcohol concentration less than 0.15. In the case 24
of a person whose alcohol concentration was less than 0.15, or for 25
whom for reasons other than the person's refusal to take a test 26
offered pursuant to RCW 46.20.308 there is no test result indicating 27
the person's alcohol concentration: 28
(i) By imprisonment for not less than 90 days nor more than 29
((364)) 365 days, if available in that county or city, a six-month 30
period of 24/7 sobriety program monitoring pursuant to RCW 36.28A.300 31
through 36.28A.390, and 120 days of electronic home monitoring. 32
Ninety days of imprisonment and 120 days of electronic home 33
monitoring may not be suspended or converted unless the court finds 34
that the imposition of this mandatory minimum sentence would impose a 35
substantial risk to the offender's physical or mental well-being. If 36
the offender shows that the imposition of this mandatory minimum 37
sentence would impose a substantial risk to the offender's physical 38
or mental well-being, in lieu of the mandatory minimum term of 90 39
days of imprisonment and 120 days of electronic home monitoring, the 40
p. 7 HB 2670
court may order 360 days of electronic home monitoring or a 360-day 1
period of 24/7 sobriety monitoring pursuant to RCW 36.28A.300 through 2
36.28A.390. Whenever the mandatory minimum sentence is suspended or 3
converted, the court shall state in writing the reason for granting 4
the suspension or conversion and the facts upon which the suspension 5
or conversion is based. The court shall order an expanded substance 6
use disorder assessment and treatment, if deemed appropriate by the 7
assessment. The offender shall pay for the cost of the electronic 8
monitoring. The county or municipality where the penalty is being 9
imposed shall determine the cost. The court may also require the 10
offender's electronic home monitoring device include an alcohol 11
detection breathalyzer or other separate alcohol monitoring device, 12
and may restrict the amount of alcohol the offender may consume 13
during the time the offender is on electronic home monitoring; and14
(ii) By a fine of not less than $1,000 nor more than $5,000. 15
$1,000 of the fine may not be suspended unless the court finds the 16
offender to be indigent; or 17
(b) Penalty for alcohol concentration at least 0.15. In the case 18
of a person whose alcohol concentration was at least 0.15, or for 19
whom by reason of the person's refusal to take a test offered 20
pursuant to RCW 46.20.308 there is no test result indicating the 21
person's alcohol concentration: 22
(i) By imprisonment for not less than 120 days nor more than 23
((364)) 365 days, if available in that county or city, a six-month 24
period of 24/7 sobriety program monitoring pursuant to RCW 36.28A.300 25
through 36.28A.390, and 150 days of electronic home monitoring. One 26
hundred twenty days of imprisonment and 150 days of electronic home 27
monitoring may not be suspended or converted unless the court finds 28
that the imposition of this mandatory minimum sentence would impose a 29
substantial risk to the offender's physical or mental well-being. If 30
the offender shows that the imposition of this mandatory minimum 31
sentence would impose a substantial risk to the offender's physical 32
or mental well-being, in lieu of the mandatory minimum term of 120 33
days of imprisonment and 150 days of electronic home monitoring, the 34
court may order 360 days of electronic home monitoring or a 360-day 35
period of 24/7 sobriety monitoring pursuant to RCW 36.28A.300 through 36
36.28A.390. Whenever the mandatory minimum sentence is suspended or 37
converted, the court shall state in writing the reason for granting 38
the suspension or conversion and the facts upon which the suspension 39
or conversion is based. The offender shall pay for the cost of the 40
p. 8 HB 2670
electronic monitoring. The court shall order an expanded substance 1
use disorder assessment and treatment, if deemed appropriate by the 2
assessment. The county or municipality where the penalty is being 3
imposed shall determine the cost. The court may also require the 4
offender's electronic home monitoring device include an alcohol 5
detection breathalyzer or other separate alcohol monitoring device, 6
and may restrict the amount of alcohol the offender may consume 7
during the time the offender is on electronic home monitoring; and8
(ii) By a fine of not less than $1,500 ((dollars)) nor more than 9
$5,000. $1,500 of the fine may not be suspended unless the court 10
finds the offender to be indigent. 11
(4) Three or more prior offenses in 15 years. A person who is 12
convicted of a violation of RCW 46.61.502 or 46.61.504 shall be 13
punished under chapter 9.94A RCW if: 14
(a) The person has three or more prior offenses within 15 years; 15
or 16
(b) The person has ever previously been convicted of:17
(i) A violation of RCW 46.61.520 committed while under the 18
influence of intoxicating liquor or any drug; 19
(ii) A violation of RCW 46.61.522 committed while under the 20
influence of intoxicating liquor or any drug; 21
(iii) An out-of-state offense comparable to the offense specified 22
in (b)(i) or (ii) of this subsection; or 23
(iv) A violation of RCW 46.61.502(6) or 46.61.504(6).24
(5) Monitoring. (a) Ignition interlock device. The court shall 25
require any person convicted of a violation of RCW 46.61.502 or 26
46.61.504 or an equivalent local ordinance to comply with the rules 27
and requirements of the department regarding the installation and use 28
of a functioning ignition interlock device installed on all motor 29
vehicles operated by the person. 30
(b) Monitoring devices. If the court orders that a person refrain 31
from consuming any alcohol, the court may order the person to submit 32
to alcohol monitoring through an alcohol detection breathalyzer 33
device, transdermal sensor device, or other technology designed to 34
detect alcohol in a person's system. The person shall pay for the 35
cost of the monitoring, unless the court specifies that the cost of 36
monitoring will be paid with funds that are available from an 37
alternative source identified by the court. The county or 38
municipality where the penalty is being imposed shall determine the 39
cost. 40
p. 9 HB 2670
(c) 24/7 sobriety program monitoring. In any county or city where 1
a 24/7 sobriety program is available and verified by the Washington 2
association of sheriffs and police chiefs, the court shall:3
(i) Order the person to install and use a functioning ignition 4
interlock or other device in lieu of such period of 24/7 sobriety 5
program monitoring; 6
(ii) Order the person to a period of 24/7 sobriety program 7
monitoring pursuant to subsections (1) through (3) of this section; 8
or 9
(iii) Order the person to install and use a functioning ignition 10
interlock or other device in addition to a period of 24/7 sobriety 11
program monitoring pursuant to subsections (1) through (3) of this 12
section. 13
(6) Penalty for having a minor passenger in vehicle. If a person 14
who is convicted of a violation of RCW 46.61.502 or 46.61.504 15
committed the offense while one or more passengers under the age of 16
16 were in the vehicle, the court shall: 17
(a) Order the use of an ignition interlock or other device for an 18
additional 12 months for each passenger under the age of 16 when the 19
person is subject to the penalties under subsection (1)(a), (2)(a), 20
or (3)(a) of this section; and order the use of an ignition interlock 21
device for an additional 18 months for each passenger under the age 22
of 16 when the person is subject to the penalties under subsection 23
(1)(b), (2)(b), (3)(b), or (4) of this section; 24
(b) In any case in which the person has no prior offenses within 25
seven years, and except as provided in RCW 46.61.502(6) or 26
46.61.504(6), order an additional 24 hours of imprisonment to be 27
served consecutively for each passenger under the age of 16, and a 28
fine of not less than $1,000 and not more than $5,000 for each 29
passenger under the age of 16. $1,000 of the fine for each passenger 30
under the age of 16 may not be suspended unless the court finds the 31
offender to be indigent; 32
(c) In any case in which the person has one prior offense within 33
seven years, and except as provided in RCW 46.61.502(6) or 34
46.61.504(6), order an additional five days of imprisonment to be 35
served consecutively for each passenger under the age of 16, and a 36
fine of not less than $2,000 and not more than $5,000 for each 37
passenger under the age of 16. One thousand dollars of the fine for 38
each passenger under the age of 16 may not be suspended unless the 39
court finds the offender to be indigent; 40
p. 10 HB 2670
(d) In any case in which the person has two prior offenses within 1
seven years, and except as provided in RCW 46.61.502(6) or 2
46.61.504(6), order an additional ((ten)) 10 days of imprisonment to 3
be served consecutively for each passenger under the age of 16, and a 4
fine of not less than $3,000 and not more than $10,000 for each 5
passenger under the age of 16. $1,000 of the fine for each passenger 6
under the age of 16 may not be suspended unless the court finds the 7
offender to be indigent. 8
(7) Other items courts must consider while setting penalties. In 9
exercising its discretion in setting penalties within the limits 10
allowed by this section, the court shall particularly consider the 11
following: 12
(a) Whether the person's driving at the time of the offense was 13
responsible for injury or damage to another or another's property;14
(b) Whether at the time of the offense the person was driving or 15
in physical control of a vehicle with one or more passengers;16
(c) Whether the driver was driving in the opposite direction of 17
the normal flow of traffic on a multiple lane highway, as defined by 18
RCW 46.04.350, with a posted speed limit of 45 miles per hour or 19
greater; and 20
(d) Whether a child passenger under the age of 16 was an occupant 21
in the driver's vehicle. 22
(8) Treatment and information school. An offender punishable 23
under this section is subject to the substance use disorder 24
assessment and treatment provisions of RCW 46.61.5056.25
(9) Driver's license privileges of the defendant. (a) The 26
license, permit, or nonresident privilege of a person convicted of 27
driving or being in physical control of a motor vehicle while under 28
the influence of intoxicating liquor or drugs must:29
(i) Penalty for alcohol concentration less than 0.15. If the 30
person's alcohol concentration was less than 0.15, or if for reasons 31
other than the person's refusal to take a test offered under RCW 32
46.20.308 there is no test result indicating the person's alcohol 33
concentration: 34
(A) Where there has been no prior offense within seven years, be 35
suspended or denied by the department for 90 days or until the person 36
is evaluated by a substance use disorder agency or probation 37
department pursuant to RCW 46.20.311 and the person completes or is 38
enrolled in a 90-day period of 24/7 sobriety program monitoring. In 39
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no circumstances shall the license suspension be for fewer than two 1
days; 2
(B) Where there has been one prior offense within seven years, be 3
revoked or denied by the department for two years or until the person 4
is evaluated by a substance use disorder agency or probation 5
department pursuant to RCW 46.20.311 and the person completes or is 6
enrolled in a six-month period of 24/7 sobriety program monitoring. 7
In no circumstances shall the license suspension be for less than one 8
year; or 9
(C) Where there have been two or more prior offenses within seven 10
years, be revoked or denied by the department for three years;11
(ii) Penalty for alcohol concentration at least 0.15. If the 12
person's alcohol concentration was at least 0.15: 13
(A) Where there has been no prior offense within seven years, be 14
revoked or denied by the department for one year or until the person 15
is evaluated by a substance use disorder agency or probation 16
department pursuant to RCW 46.20.311 and the person completes or is 17
enrolled in a ((one hundred twenty )) 120-day period of 24/7 sobriety 18
program monitoring. In no circumstances shall the license revocation 19
be for fewer than four days; 20
(B) Where there has been one prior offense within seven years, be 21
revoked or denied by the department for 900 days; or22
(C) Where there have been two or more prior offenses within seven 23
years, be revoked or denied by the department for four years; or24
(iii) Penalty for refusing to take test. If by reason of the 25
person's refusal to take a test offered under RCW 46.20.308, there is 26
no test result indicating the person's alcohol concentration:27
(A) Where there have been no prior offenses within seven years, 28
be revoked or denied by the department for two years;29
(B) Where there has been one prior offense within seven years, be 30
revoked or denied by the department for three years; or31
(C) Where there have been two or more previous offenses within 32
seven years, be revoked or denied by the department for four years.33
(b)(i) The department shall grant credit on a day-for-day basis 34
for a suspension, revocation, or denial imposed under this subsection 35
(9) for any portion of a suspension, revocation, or denial already 36
served under RCW 46.20.3101 arising out of the same incident.37
(ii) If a person has already served a suspension, revocation, or 38
denial under RCW 46.20.3101 for a period equal to or greater than the 39
period imposed under this subsection (9), the department shall 40
p. 12 HB 2670
provide notice of full credit, shall provide for no further 1
suspension or revocation under this subsection provided the person 2
has completed the requirements under RCW 46.20.311 and paid the 3
probationary license fee under RCW 46.20.355 by the date specified in 4
the notice under RCW 46.20.245, and shall impose no additional 5
reissue fees for this credit. 6
(c) Upon receipt of a notice from the court under RCW 36.28A.390 7
that a participant has been removed from a 24/7 sobriety program, the 8
department must resume any suspension, revocation, or denial that had 9
been terminated early under this subsection due to participation in 10
the program, granting credit on a day-for-day basis for any portion 11
of a suspension, revocation, or denial already served under RCW 12
46.20.3101 or this section arising out of the same incident.13
(d) Upon its own motion or upon motion by a person, a court may 14
find, on the record, that notice to the department under RCW 15
46.20.270 has been delayed for three years or more as a result of a 16
clerical or court error. If so, the court may order that the person's 17
license, permit, or nonresident privilege shall not be revoked, 18
suspended, or denied for that offense. The court shall send notice of 19
the finding and order to the department and to the person. Upon 20
receipt of the notice from the court, the department shall not 21
revoke, suspend, or deny the license, permit, or nonresident 22
privilege of the person for that offense. 23
(e) For purposes of this subsection (9), the department shall 24
refer to the driver's record maintained under RCW 46.52.120 when 25
determining the existence of prior offenses. 26
(10) Probation of driving privilege. After expiration of any 27
period of suspension, revocation, or denial of the offender's 28
license, permit, or privilege to drive required by this section, the 29
department shall place the offender's driving privilege in 30
probationary status pursuant to RCW 46.20.355. 31
(11) Conditions of probation. (a) In addition to any 32
nonsuspendable and nondeferrable jail sentence required by this 33
section, whenever the court imposes up to ((364)) 365 days in jail, 34
the court shall also suspend but shall not defer a period of 35
confinement for a period not exceeding five years. The court shall 36
impose conditions of probation that include: (i) Not driving a motor 37
vehicle within this state without a valid license to drive; (ii) not 38
driving a motor vehicle within this state without proof of liability 39
insurance or other financial responsibility for the future pursuant 40
p. 13 HB 2670
to RCW 46.30.020; (iii) not driving or being in physical control of a 1
motor vehicle within this state while having an alcohol concentration 2
of 0.08 or more or a THC concentration of 5.00 nanograms per 3
milliliter of whole blood or higher, within two hours after driving; 4
(iv) not refusing to submit to a test of his or her breath or blood 5
to determine alcohol or drug concentration upon request of a law 6
enforcement officer who has reasonable grounds to believe the person 7
was driving or was in actual physical control of a motor vehicle 8
within this state while under the influence of intoxicating liquor or 9
drug; and (v) not driving a motor vehicle in this state without a 10
functioning ignition interlock device as required by the department 11
under RCW 46.20.720. The court may impose conditions of probation 12
that include nonrepetition, installation of an ignition interlock 13
device on the probationer's motor vehicle, substance use disorder 14
treatment, supervised probation, or other conditions that may be 15
appropriate. The sentence may be imposed in whole or in part upon 16
violation of a condition of probation during the suspension period.17
(b) For each violation of mandatory conditions of probation under 18
(a)(i), (ii), (iii), (iv), or (v) of this subsection, the court shall 19
order the convicted person to be confined for 30 days, which shall 20
not be suspended or deferred. 21
(c)(i) Except as provided in (c)(ii) of this subsection, for each 22
incident involving a violation of a mandatory condition of probation 23
imposed under this subsection, the license, permit, or privilege to 24
drive of the person shall be suspended by the court for 30 days or, 25
if such license, permit, or privilege to drive already is suspended, 26
revoked, or denied at the time the finding of probation violation is 27
made, the suspension, revocation, or denial then in effect shall be 28
extended by 30 days. The court shall notify the department of any 29
suspension, revocation, or denial or any extension of a suspension, 30
revocation, or denial imposed under this subsection. The person may 31
apply for an ignition interlock driver's license under RCW 46.20.385 32
during the suspension period. 33
(ii) For each incident involving a violation of RCW 34
46.20.342(1)(c), the court has discretion not to impose a suspension 35
when the person provides the court with proof that the violation has 36
been cured within 30 days. The court is not required to notify the 37
department of the violation unless it is not cured within 30 days.38
(12) Waiver of electronic home monitoring. A court may waive the 39
electronic home monitoring requirements of this chapter when:40
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(a) The offender does not have a dwelling, telephone service, or 1
any other necessity to operate an electronic home monitoring system. 2
However, if a court determines that an alcohol monitoring device 3
utilizing wireless reporting technology is reasonably available, the 4
court may require the person to obtain such a device during the 5
period of required electronic home monitoring; 6
(b) The offender does not reside in the state of Washington; or7
(c) The court determines that there is reason to believe that the 8
offender would violate the conditions of the electronic home 9
monitoring penalty. 10
Whenever the mandatory minimum term of electronic home monitoring 11
is waived, the court shall state in writing the reason for granting 12
the waiver and the facts upon which the waiver is based, and shall 13
impose an alternative sentence with similar punitive consequences. 14
The alternative sentence may include, but is not limited to, use of 15
an ignition interlock device, the 24/7 sobriety program monitoring, 16
additional jail time, work crew, or work camp. 17
Whenever the combination of jail time and electronic home 18
monitoring or alternative sentence would exceed ((364)) 365 days, the 19
offender shall serve the jail portion of the sentence first, and the 20
electronic home monitoring or alternative portion of the sentence 21
shall be reduced so that the combination does not exceed ((364)) 365 22
days. 23
(13) Extraordinary medical placement. An offender serving a 24
sentence under this section, whether or not a mandatory minimum term 25
has expired, may be granted an extraordinary medical placement by the 26
jail administrator subject to the standards and limitations set forth 27
in RCW 9.94A.728(1)(c). 28
(14) Definitions. For purposes of this section and RCW 46.61.502 29
and 46.61.504: 30
(a) A "prior offense" means any of the following:31
(i) A conviction for a violation of RCW 46.61.502 or an 32
equivalent local ordinance; 33
(ii) A conviction for a violation of RCW 46.61.504 or an 34
equivalent local ordinance; 35
(iii) A conviction for a violation of RCW 46.25.110 or an 36
equivalent local ordinance; 37
(iv) A conviction for a violation of RCW 79A.60.040(2) or an 38
equivalent local ordinance; 39
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(v) A conviction for a violation of RCW 79A.60.040(1) or an 1
equivalent local ordinance committed in a reckless manner if the 2
conviction is the result of a charge that was originally filed as a 3
violation of RCW 79A.60.040(2) or an equivalent local ordinance;4
(vi) A conviction for a violation of RCW 47.68.220 or an 5
equivalent local ordinance committed while under the influence of 6
intoxicating liquor or any drug; 7
(vii) A conviction for a violation of RCW 47.68.220 or an 8
equivalent local ordinance committed in a careless or reckless manner 9
if the conviction is the result of a charge that was originally filed 10
as a violation of RCW 47.68.220 or an equivalent local ordinance 11
while under the influence of intoxicating liquor or any drug;12
(viii) A conviction for a violation of RCW 46.09.470(2) or an 13
equivalent local ordinance; 14
(ix) A conviction for a violation of RCW 46.10.490(2) or an 15
equivalent local ordinance; 16
(x) A conviction for a violation of RCW 46.61.520 committed while 17
under the influence of intoxicating liquor or any drug, or a 18
conviction for a violation of RCW 46.61.520 committed in a reckless 19
manner or with the disregard for the safety of others if the 20
conviction is the result of a charge that was originally filed as a 21
violation of RCW 46.61.520 committed while under the influence of 22
intoxicating liquor or any drug; 23
(xi) A conviction for a violation of RCW 46.61.522 committed 24
while under the influence of intoxicating liquor or any drug, or a 25
conviction for a violation of RCW 46.61.522 committed in a reckless 26
manner or with the disregard for the safety of others if the 27
conviction is the result of a charge that was originally filed as a 28
violation of RCW 46.61.522 committed while under the influence of 29
intoxicating liquor or any drug; 30
(xii) A conviction for a violation of RCW 46.61.5249, 46.61.500, 31
or 9A.36.050 or an equivalent local ordinance, if the conviction is 32
the result of a charge that was originally filed as a violation of 33
RCW 46.61.502 or 46.61.504, or an equivalent local ordinance, or of 34
RCW 46.61.520 or 46.61.522; 35
(xiii) An out-of-state conviction for a violation that would have 36
been a violation of (a)(i), (ii), (x), (xi), or (xii) of this 37
subsection if committed in this state; 38
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(xiv) A deferred prosecution under chapter 10.05 RCW granted in a 1
prosecution for a violation of RCW 46.61.502, 46.61.504, or an 2
equivalent local ordinance; 3
(xv) A deferred prosecution under chapter 10.05 RCW granted in a 4
prosecution for a violation of RCW 46.61.5249, or an equivalent local 5
ordinance, if the charge under which the deferred prosecution was 6
granted was originally filed as a violation of RCW 46.61.502 or 7
46.61.504, or an equivalent local ordinance, or of RCW 46.61.520 or 8
46.61.522; 9
(xvi) A deferred prosecution granted in another state for a 10
violation of driving or having physical control of a vehicle while 11
under the influence of intoxicating liquor or any drug if the out-of-12
state deferred prosecution is equivalent to the deferred prosecution 13
under chapter 10.05 RCW, including a requirement that the defendant 14
participate in a chemical dependency treatment program; or15
(xvii) A deferred sentence imposed in a prosecution for a 16
violation of RCW 46.61.5249, 46.61.500, or 9A.36.050, or an 17
equivalent local ordinance, if the charge under which the deferred 18
sentence was imposed was originally filed as a violation of RCW 19
46.61.502 or 46.61.504, or an equivalent local ordinance, or a 20
violation of RCW 46.61.520 or 46.61.522; 21
If a deferred prosecution is revoked based on a subsequent 22
conviction for an offense listed in this subsection (14)(a), the 23
subsequent conviction shall not be treated as a prior offense of the 24
revoked deferred prosecution for the purposes of sentencing;25
(b) "Treatment" means substance use disorder treatment licensed 26
or certified by the department of health; 27
(c) "Within seven years" means that the arrest for a prior 28
offense occurred within seven years before or after the arrest for 29
the current offense; and 30
(d) "Within 15 years" means that the arrest for a prior offense 31
occurred within 15 years before or after the arrest for the current 32
offense. 33
(15) All fines imposed by this section apply to adult offenders 34
only. 35
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