1552-S

1552-S.E AMS LAW S4217.2

ESHB 1552 - S COMM AMD

By Committee on Law & Justice

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. A new section is added to chapter 46.63 RCW to read as follows:

A district or municipal court may provide by rule for a procedure to allow for deferral of a judicial determination that an infraction was committed. The procedure is subject to the following limitations and standards:

(1) The procedure may allow a person receiving a notice of infraction to attend, at the person's own expense, a course in traffic safety approved by the director of the traffic safety commission. Proof of satisfactory completion of the course to the court within one hundred twenty days shall result in deferral of the judicial determination and dismissal after three years if the limitations and standards of this section are met. Failure to complete the course satisfactorily shall result in a court determination and order that an infraction was committed, and the court shall furnish its determination and order to the department in accordance with RCW 46.20.270.

(2) The deferral procedure is available only to persons who receive a notice of traffic infraction and do not contest the determination represented by the notice. The procedure is available to a person responding to the notice under RCW 46.63.070 (2) or (4).

(3) The procedure shall require a signed acknowledgment by the person receiving the notice of infraction that the determination represented by the notice is not contested.

(4) No person is eligible for a deferral more than once within the state in a three-year period. A person applying for a deferral shall sign a statement under penalty of perjury that he or she was not granted a deferral under this section within three years of receipt of the notice of infraction that is the basis for the application. If a deferral is granted, the court shall send the department a record of the notice of infraction and the deferral. The department shall maintain the record for at least three years for the purpose of allowing courts to determine whether a person is eligible to receive a deferral. If within three years after receiving a deferral a person is determined to have committed an infraction, or is convicted of a crime, for which notification of the department is required under RCW 46.20.270(2), the department upon receipt of that notification shall include the infraction for which the deferral was granted as part of the person's driving record for purposes of RCW 46.52.130.

(5) Deferral does not affect imposition of monetary penalties under this chapter.

(6) The court may assess a fee to cover the cost to the court of processing an application for a deferral. The fee is subject to the provisions of RCW 3.62.020.

(7) Satisfactory completion of an approved course in traffic safety as part of a deferral granted under this section does not qualify as successful completion of a motor vehicle accident prevention course for purposes of insurance premium reductions required by RCW 48.19.460.

(8) No deferral may be granted under this section for an infraction committed while operating a motor vehicle under circumstances that require a commercial driver's license pursuant to chapter 46.25 RCW.

(9) No procedure for deferral under this section may be implemented by any court that does not have computer equipment that is connected to the department and that allows electronic transmission and retrieval of driving record information.

(10) The director of the traffic safety commission shall approve, maintain, and publish for the court a list of traffic safety courses eligible for the deferral program described in this section. The director shall not approve a course unless the course curriculum has been proven through research reports to show positive results in reducing collisions and traffic violation recidivism. The course must include a minimum of eight hours of classroom instruction.

(11) The director of the traffic safety commission shall collect a fee from each approved traffic safety school in the amount of two dollars for each person attending a traffic safety course for the purpose of receiving a deferral of judicial determination. The funds shall be deposited in the highway safety fund and used for the purposes of this section."

"Sec. 2. RCW 46.63.060 and 1984 c 224 s 2 are each amended to read as follows:

(1) A notice of traffic infraction represents a determination that an infraction has been committed. The determination will be final unless contested or deferred as provided in this chapter.

(2) The form for the notice of traffic infraction shall be prescribed by rule of the supreme court and shall include the following:

(a) A statement that the notice represents a determination that a traffic infraction has been committed by the person named in the notice and that the determination shall be final unless contested or deferred as provided in this chapter;

(b) A statement that a traffic infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction; that the penalty for a traffic infraction may include sanctions against the person's driver's license including suspension, revocation, or denial; that the penalty for a traffic infraction related to standing, stopping, or parking may include nonrenewal of the vehicle license;

(d) A statement of the monetary penalty established for the traffic infraction;

(e) A statement of the options, including deferral, provided in this chapter for responding to the notice and the procedures necessary to exercise these options;

(f) A statement that at any hearing to contest the determination the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed; and that the person may subpoena witnesses including the officer who issued the notice of infraction;

(g) A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the infraction the person will be deemed to have committed the infraction and may not subpoena witnesses;

(h) A statement that the person must respond to the notice as provided in this chapter within fifteen days or the person's driver's license will not be renewed by the department until any penalties imposed pursuant to this chapter have been satisfied;

(i) A statement that failure to appear at a hearing requested for the purpose of contesting the determination or for the purpose of explaining mitigating circumstances will result in the refusal of the department to renew the person's driver's license, or in the case of a standing, stopping, or parking violation the vehicle license, until any penalties imposed pursuant to this chapter have been satisfied;

(j) A statement, which the person shall sign, that the person promises to respond to the notice of infraction in one of the ways provided in this chapter;

(k) A statement that failure to respond to a notice of infraction as promised is a misdemeanor and may be punished by a fine or imprisonment in jail."

"Sec. 3. RCW 46.63.070 and 1984 c 224 s 3 are each amended to read as follows:

(1) Any person who receives a notice of traffic infraction shall respond to such notice as provided in this section within fifteen days of the date of the notice.

(2) If the person determined to have committed the infraction does not contest the determination the person shall respond by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the court specified on the notice. The person may also request a deferral in accordance with section 1 of this act. A check or money order in the amount of the penalty prescribed for the infraction must be submitted with the response. When a response which does not contest the determination is received, an appropriate order shall be entered in the court's records, and except in the case of a deferral granted in accordance with section 1 of this act, a record of the response and order shall be furnished to the department in accordance with RCW 46.20.270.

(3) If the person determined to have committed the infraction wishes to contest the determination the person shall respond by completing the portion of the notice of infraction requesting a hearing and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be sooner than seven days from the date of the notice, except by agreement.

(4) If the person determined to have committed the infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction the person shall respond by completing the portion of the notice of infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing.

(5)(a) If any person issued a notice of traffic infraction:

(i) Fails to respond to the notice of traffic infraction as provided in subsection (2) of this section; or

(ii) Fails to appear at a hearing requested pursuant to subsection (3) or (4) of this section;

the court shall enter an appropriate order assessing the monetary penalty prescribed for the traffic infraction and any other penalty authorized by this chapter and shall notify the department in accordance with RCW 46.20.270, of the failure to respond to the notice of infraction or to appear at a requested hearing.

(b) The department may not renew the driver's license, or in the case of a standing, stopping, or parking violation the vehicle license, of any person for whom the court has entered an order pursuant to (a) of this subsection until any penalties imposed pursuant to this chapter have been satisfied. For purposes of driver's license nonrenewal only, the lessee of a vehicle shall be considered to be the person to whom a notice of a standing, stopping, or parking violation has been issued for such violations of the vehicle incurred while the vehicle was leased or rented under a bona fide commercial lease or rental agreement between a lessor engaged in the business of leasing vehicles and a lessee who is not the vehicle's registered owner, if the lease agreement contains a provision prohibiting anyone other than the lessee from operating the vehicle. Such a lessor shall, upon the request of the municipality issuing the notice of infraction, supply the municipality with the name and driver's license number of the person leasing the vehicle at the time of the infraction."

"Sec. 4. RCW 46.63.100 and 1979 ex.s. c 136 s 12 are each amended to read as follows:

(1) A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of an infraction shall be an informal proceeding. The person may not subpoena witnesses. The determination that an infraction has been committed may not be contested at a hearing held for the purpose of explaining mitigating circumstances.

(2) After the court has heard the explanation of the circumstances surrounding the commission of the infraction an appropriate order shall be entered in the court's records. Except in the case of a deferral granted in accordance with section 1 of this act, a record of the court's determination and order shall be furnished to the department in accordance with RCW 46.20.270 as now or hereafter amended.

(3) There may be no appeal from the court's determination or order."

"NEW SECTION. Sec. 5. This act takes effect July 1, 1993."

ESHB 1552 - S COMM AMD

By Committee on Law & Justice

In line 1 of the title, after "infractions;" strike the remainder of the title and insert "amending RCW 46.63.060, 46.63.070, and 46.63.100; adding a new section to chapter 46.63 RCW; and providing an effective date."