Z-844                 _______________________________________________

 

                                                    HOUSE BILL NO. 922

                        _______________________________________________

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By Representative West

 

 

Read first time 2/8/85 and referred to Committee on Judiciary.

 

 


AN ACT Relating to court costs; and amending RCW 10.01.160.

 

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

 

        Sec. 1.  Section 1, chapter 96, Laws of 1975-'76 2nd ex. sess. and RCW 10.01.160 are each amended to read as follows:

          (1) The court may require a convicted defendant to pay costs.

          (2) Costs shall be limited to expenses specially incurred by the state in prosecuting the defendant.  They cannot include expenses inherent in providing a constitutionally guaranteed jury trial or expenditures in connection with the maintenance and operation of government agencies that must be made by the public irrespective of specific violations of law.  Expenses incurred for serving of warrants for failure to appear may be included in costs the court may require a convicted defendant to pay.

          (3) The court shall not sentence a defendant to pay costs unless the defendant is or will be able to pay them.  In determining the amount and method of payment of costs, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose.

          (4) A defendant who has been sentenced to pay costs and who is not in contumacious default in the payment thereof may at any time petition the court which sentenced him for remission of the payment of costs or of any unpaid portion thereof.  If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or his immediate family, the court may remit all or part of the amount due in costs, or modify the method of payment under RCW 10.01.170.