FINAL BILL REPORT

                            SB 6065

                          C 192 L 94

                      SYNOPSIS AS ENACTED

Brief Description:  Allowing costs to be imposed against a defaulting defendant.

SPONSORS: Senators Ludwig, Nelson, Wojahn, Fraser, Snyder, Bauer and A. Smith

SENATE COMMITTEE ON LAW & JUSTICE

HOUSE COMMITTEE ON JUDICIARY

BACKGROUND:

Certain costs are associated with the preparation and serving of warrants when a defendant has failed to appear.  Under current law, courts may impose costs on a convicted defendant for whom the court has incurred the expense of preparing and serving a warrant.  Costs may not be imposed on a defendant against whom the underlying case has been dismissed even if a warrant was prepared and served for a voluntary failure of the defendant to appear. 

SUMMARY:

Costs, not to exceed $100, may be imposed upon a defendant to cover the expense of preparing and serving a warrant for failure of the defendant to appear at court.  These costs constitute a judgment against the defendant at the time of imposition and the judgment survives the dismissal of the underlying action against the defendant.  However, if the defendant is acquitted at trial on the underlying matter, warrant costs imposed for failure to appear must be dismissed.

VOTES ON FINAL PASSAGE:

Senate    47   1

House     97   0    (House amended)

Senate             (Senate refused to concur)

House              (House refused to recede)

Senate    47   0    (Senate concurred)

EFFECTIVE:June 9, 1994