Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Public Safety & Emergency Preparedness Committee

HB 1335

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Removing the penalty language from natural resource civil infractions.

Sponsors: Representatives Goodman, Upthegrove and Warnick; by request of Parks and Recreation Commission.

Brief Summary of Bill

  • Removes the requirement that a person cited for a civil infraction sign the notice of infraction, and decriminalizes the refusal to sign such notices.

Hearing Date: 1/28/09

Staff: Yvonne Walker (786-7841)

Background:

Prior to 2006, whenever a traffic infraction or civil infraction was issued, the person cited was required to sign the ticket as an acknowledgment of his or her receipt of the notice of infraction and as a promise to respond as directed in the notice. A notice of traffic infraction represented a determination that an infraction had been committed. Traffic infractions and civil infractions are non-criminal offenses. The failure to sign a notice of infraction acknowledging receipt of the notice was penalized as a gross misdemeanor or misdemeanor offense.

In 2006 the Legislature passed legislation (House Bill 1650) removing the requirement that a person who is cited for a traffic or other civil infraction or citation sign the notice of infraction or citation. As a result, the refusal to sign such notices was decriminalized. However, under the Natural Resource Infractions Act the misdemeanor penalty language was not removed and as a result, the refusal to sign an infraction issued by a State Parks commissioned officer can still be penalized as a misdemeanor offense.

Summary of Bill:

The requirement that a person who is cited for an infraction (by a State Parks commissioned officer) must sign the notice of infraction is removed, and the refusal to sign such notice is decriminalized.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.