SENATE BILL REPORT

                                    SB 6140

                      AS PASSED SENATE, FEBRUARY 12, 1992

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

Majority Report:  Do pass. 

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

Staff:  Dick Armstrong (786‑7460)

Hearing Dates: January 23, 1992

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 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 such crimes because it sometimes 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.

Appropriation:  none

Revenue:  none

Fiscal Note:  none requested

TESTIMONY FOR:

The bill will eliminate confusion for the courts, defendants, and attorneys on the precise nature of the criminal charges.

TESTIMONY AGAINST:  None

TESTIFIED:  Judge Robert McBeth, Judge Vicki Seitz, District Court Judges Association