S-0461.1                   _______________________________________________

                                                     SENATE BILL 5287

                              _______________________________________________

State of Washington                              53rd Legislature                             1993 Regular Session

By Senators Barr, M. Rasmussen, Hochstatter, Loveland, Snyder, Newhouse, Bauer, Deccio, Jesernig, Owen, Sutherland, Oke, Amondson, Moore, Fraser, Anderson, Prince, Sellar, Winsley and Erwin

Read first time 01/21/93.  Referred to Committee on Agriculture.

Prescribing additional penalties for failure to make restitution for theft of livestock.

          AN ACT Relating to theft of livestock; amending RCW 9A.56.085; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  RCW 9A.56.085 and 1989 c 131 s 1 are each amended to read as follows:

          (1) Whenever a person is convicted of a violation of RCW 9A.56.080, the convicting court shall order the person to pay the amount of two thousand dollars for each animal killed or possessed.

          (2) For the purpose of this section, the term "convicted" includes a plea of guilty, a finding of guilt regardless of whether the imposition of the sentence is deferred or any part of the penalty is suspended, or the levying of a fine.

          (3) If two or more persons are convicted of any violation of this section, the amount required under this section shall be imposed upon them jointly and severally.

          (4) The fine in this section shall be imposed in addition to and regardless of any penalty, including fines or costs, that is provided for any violation of this section.  The amount imposed by this section shall be included by the court in any pronouncement of sentence and may not be suspended, waived, modified, or deferred in any respect.  Nothing in this section may be construed to abridge or alter alternative rights of action or remedies in equity or under common law or statutory law, criminal or civil.

          (5) A defaulted payment or any installment payment may be collected by any means authorized by law for the enforcement of orders of the court or collection of a fine or costs, including vacation of a deferral of sentencing or of a suspension of sentence.

          (6) The two thousand dollars additional penalty shall be remitted by the county treasurer to the state treasurer as provided under RCW 10.82.070.

(7) If a person is convicted of a violation of RCW 9A.56.080 and the court has ordered the person to make restitution and the person fails to make restitution under the terms of the court order, upon motion of the prosecuting attorney or the person to whom restitution is owed, the court shall impose a term of confinement at a rate of one day for each fifty dollars of unpaid restitution.

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