SENATE BILL REPORT

 

                                   SSB 6138

 

                      AS PASSED SENATE, FEBRUARY 12, 1992

 

 

Brief Description:  Deleting obsolete references regarding district courts.

 

SPONSORS: Senate Committee on Law & Justice (originally sponsored by Senators Nelson, A. Smith, Erwin and Madsen)

 

SENATE COMMITTEE ON LAW & JUSTICE

 

Majority Report:  That Substitute Senate Bill No. 6138 be substituted therefor, and the substitute bill do pass. 

      Signed by Senators Nelson, Chairman; Thorsness, Vice Chairman; Newhouse, Rasmussen, and A. Smith.

 

Staff:  Lidia Mori (786‑7755)

 

Hearing Dates: January 23, 1992

 

 

BACKGROUND:

 

Judges are able to put a person in jail based on a belief that the person has made threats against the property or person of another and might in fact commit a crime.  The person can avoid going to jail by posting a peace bond as security.  If the person fails to post the peace bond, he or she can be held in jail for a period of up to one year.  There is concern that this process is unconstitutional.    

 

SUMMARY:

 

Revised Code of Washington 10.13 is repealed.  District court judges do not have the authority to send a person to jail or require a person to post a peace bond on the basis of the judges' belief that the person might commit a crime.

 

The weighted caseload system is the method by which the number of district court judges is determined for each county.

 

Appropriation:   none

 

Revenue:  none

 

Fiscal Note:  none requested

 

TESTIMONY FOR:

 

The requirement of posting a peace bond for a crime a person might commit is unconstitutional and should be repealed.  The weighted caseload system was agreed to by the District Court Judges Association and the Association of Counties and should be the sole method by which the number of district court judges is determined for each county.

 

TESTIMONY AGAINST:  None

 

TESTIFIED:  Judge R. McBeth, District and Municipal Court Judges Association (pro); Judge Vicki Seitz, District Court Judges Association (pro)