FINAL BILL REPORT

                                    SB 6140

                                   C 32 L 92

                              SYNOPSIS AS ENACTED

Brief Description:  Recodifying the penalty for failure to comply with a written promise to appear after a traffic infraction.

SPONSORS: Senators Nelson, A. Smith, Erwin and Madsen

SENATE COMMITTEE ON LAW & JUSTICE

HOUSE COMMITTEE ON JUDICIARY

BACKGROUND:

RCW 46.64.020 establishes a misdemeanor violation whenever a person fails to appear or respond to a notice of a traffic infraction.  The statute also establishes a gross misdemeanor violation whenever a person drives and has two or more notices of failure to appear or respond on his or her driving record.

It is confusing for the courts, defendants and attorneys when a person is cited for violating the statute because it is unclear whether the person is being charged with a misdemeanor or gross misdemeanor violation.

It is suggested that provisions of the statute relating to gross misdemeanor violations be re-enacted into a separate RCW section to give better notice to courts, defendants and attorneys on what criminal charge is alleged.

SUMMARY:

The provisions of RCW 46.64.020 which create a misdemeanor crime for driving with two or more notices of failure to appear or respond are re-enacted into a separate RCW section.

There are no substantive changes made to the statutes by this re-enactment.

VOTES ON FINAL PASSAGE:

Senate      47    0

House 96    0

EFFECTIVE:  June 11, 1992