SENATE BILL REPORT

                   SB 5329

              As Reported By Senate Committee On:

             Government Operations, March 1, 1995

Title:  An act relating to local government costs for criminal prosecutions.

Brief Description:  Clarifying which jurisdictions bear the financial responsibility for persons convicted of a misdemeanor.

Sponsors:  Senators Haugen, Loveland, Deccio, Smith and Winsley.

Brief History:

Committee Activity:  Government Operations:  2/23/95, 3/1/95 [DPS].

SENATE COMMITTEE ON GOVERNMENT OPERATIONS

Majority Report:  That Substitute Senate Bill No. 5329 be substituted therefor, and the substitute bill do pass.

  Signed by Senators Haugen, Chair; Sheldon, Vice Chair; Drew, Hale, McCaslin and Winsley.

Staff:  Diane Smith (786-7410)

Background:  The city shall be charged a filing fee for every criminal or traffic infraction, with exceptions, filed by a city for an ordinance violation.

All persons convicted of felonies or misdemeanors and sentenced to jail shall be the financial responsibility of the city or county.

Summary of Substitute Bill:  Effective July 1, 1996, cities are specifically charged a filing fee for every misdemeanor or gross misdemeanor filed by the city whether filed under city code or state statute.

Also effective July 1, 1996, all persons convicted of felonies and sentenced to jail are the financial responsibility of the county.  All persons convicted of misdemeanors are the responsibility of the city or county that charged the person.

Substitute Bill Compared to Original Bill:  The original bill did not have a delayed effective date.

Appropriation:  None.

Fiscal Note:  Requested on February 14, 1995.

Effective Date:  The bill takes effect on July 1, 1996.

Testimony For:  The cities have abdicated their responsibility to pay their fair share of the costs of the criminal justice system.  This puts a tremendous burden on counties.

Testimony Against:  The counties receive funding which the cities do not receive for criminal justice purposes.

Testified:  PRO:  Jim Potts, Whitman County; Mike Hansen, Pend Oreille County; Mary Seubert, Kittitas County; Sheriff Gary Edwards, Thurston County/Sheriffs' Association; Sheriff Bob McBride, Kittitas County; Dave McEachran, Whatcom County Prosecutor; Dale Brainland, Whatcom County Sheriff; Dave Sandhaus, Adams County Prosecutor; CON:  Mollie Edson, Mayor of Ellensburg;  Bob Kelly, Manager of Kennewick; Steve Ilk, Police Chief, Port Angeles, Bob Mack, representing Spokane.