S-3104.2 _______________________________________________
SENATE BILL 6139
_______________________________________________
State of Washington 52nd Legislature 1992 Regular Session
By Senators Nelson and Erwin
Read first time 01/17/92. Referred to Committee on Law & Justice.
AN ACT Relating to waiver of a jury trial for granting deferred prosecution; and amending RCW 10.05.020 and 10.05.140.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 10.05.020 and 1985 c 352 s 6 are each amended to read as follows:
(1)
The petitioner shall allege under oath in the petition that the wrongful
conduct charged is the result of or caused by alcoholism, drug addiction, or
mental problems for which the person is in need of treatment and unless treated
the probability of future reoccurrence is great, along with a statement that
the person agrees to pay the cost of a diagnosis and treatment of the alleged
problem or problems if financially able to do so. The petition shall also
contain a case history and written assessment prepared by an approved
alcoholism treatment ((facility)) program as designated in
chapter 70.96A RCW if the petition alleges alcoholism, an approved drug program
as designated in chapter 71.24 RCW if the petition alleges drug addiction, or
by an approved mental health center if the petition alleges a mental problem.
(2)
Before entry of an order deferring prosecution, a petitioner shall be advised
of his rights as an accused and execute, as a condition of receiving treatment,
a statement that contains: (a) An acknowledgement of his rights; (b) a
stipulation to the admissibility of the facts contained in the written police
report; ((and)) (c) an acknowledgement that the statement will be
entered and used to support a finding of guilty if the court finds cause to
revoke the order granting deferred prosecution; and (d) if the court has
required a waiver of the right to a jury trial, an acknowledgement of the
waiver. The petitioner shall also be advised that he may, if he proceeds
to trial and is found guilty, be allowed to seek suspension of some or all of
the fines and incarceration that may be ordered upon the condition that he seek
treatment and, further, that he may seek treatment from public and private
agencies at any time without regard to whether or not he is found guilty of the
offense charged. He shall also be advised that the court will not accept a
petition for deferred prosecution from a person who sincerely believes that he
is innocent of the charges or sincerely believes that he does not, in fact,
suffer from alcoholism, drug addiction, or mental problems.
(3) Before entering an order deferring prosecution, the court shall make specific findings that: (a) The petitioner has stipulated to the admissibility of the facts as contained in the written police report; (b) the petitioner has acknowledged the admissibility of the stipulated facts in any criminal hearing or trial on the underlying offense or offenses held subsequent to revocation of the order granting deferred prosecution; and (c) the petitioner's statements were made knowingly and voluntarily. Such findings shall be included in the order granting deferred prosecution.
Sec. 2. RCW 10.05.140 and 1991 c 247 s 1 are each amended to read as follows:
As a condition of granting a deferred prosecution petition, the court shall order that the petitioner shall not operate a motor vehicle upon the public highways without a valid operator's license and proof of liability insurance. The amount of liability insurance shall be established by the court at not less than that established by RCW 46.29.490. As a condition of granting a deferred prosecution petition, the court may order the petitioner to make restitution and to pay costs as defined in RCW 10.01.160 and may require the petitioner to waive the right to a trial by jury. The court may terminate the deferred prosecution program upon violation of this section.