FINAL BILL REPORT

 

                                   SSB 6138

 

                                   C 31 L 92

 

                              SYNOPSIS AS ENACTED

 

 

Brief Description:  Deleting obsolete references regarding district courts.

 

SPONSORS: Senate Committee on Law & Justice (originally sponsored by Senators Nelson, A. Smith, Erwin and Madsen)

 

SENATE COMMITTEE ON LAW & JUSTICE

 

HOUSE COMMITTEE ON JUDICIARY

 

 

BACKGROUND:

 

Judges are able to put a person in jail based on a belief that the person has made threats against the property or person of another and might in fact commit a crime.  The person can avoid going to jail by posting a peace bond as security.  If the person fails to post the peace bond, he or she can be held in jail for a period of up to one year.  There is concern that this process is unconstitutional.    

 

SUMMARY:

 

District court judges do not have the authority to send a person to jail or require a person to post a peace bond on the basis of the judges' belief that the person might commit a crime.

 

The weighted caseload system is the method by which the number of district court judges is determined for each county.

 

VOTES ON FINAL PASSAGE:

 

Senate      46    0

House 96    0

 

EFFECTIVE:  March 20, 1992