CERTIFICATION OF ENROLLMENT
SENATE BILL 6065
53rd Legislature
1994 Regular Session
Passed by the Senate March 8, 1994 YEAS 47 NAYS 0
President of the Senate
Passed by the House March 1, 1994 YEAS 97 NAYS 0 |
CERTIFICATE
I, Marty Brown, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 6065 as passed by the Senate and the House of Representatives on the dates hereon set forth. |
Speaker of the House of Representatives |
Secretary
|
Approved |
FILED |
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Governor of the State of Washington |
Secretary of State State of Washington |
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SENATE BILL 6065
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AS AMENDED BY THE HOUSE
Passed Legislature - 1994 Regular Session
State of Washington 53rd Legislature 1994 Regular Session
By Senators Ludwig, Nelson, Wojahn, Fraser, Snyder, Bauer and A. Smith
Read first time 01/11/94. Referred to Committee on Law & Justice.
AN ACT Relating to imposition of costs; and amending RCW 10.01.160.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 10.01.160 and 1991 c 247 s 4 are each amended to read as follows:
(1) The court may
require a ((convicted)) defendant((, or defendant granted a deferred
prosecution under chapter 10.05 RCW,)) to pay costs. Costs may be
imposed only upon a convicted defendant, except for costs imposed upon a
defendant's entry into a deferred prosecution program or costs imposed upon a
defendant for preparing and serving a warrant for failure to appear.
(2) Costs shall be limited
to expenses specially incurred by the state in prosecuting the defendant or in
administering the deferred prosecution program under chapter 10.05 RCW. They
cannot include expenses inherent in providing a constitutionally guaranteed
jury trial or expenditures in connection with the maintenance and operation of
government agencies that must be made by the public irrespective of specific
violations of law. Expenses incurred for serving of warrants for failure to
appear and jury fees under RCW 10.46.190 may be included in costs the court may
require a ((convicted)) defendant to pay. Costs for administering a
deferred prosecution may not exceed one hundred fifty dollars. Costs for
preparing and serving a warrant for failure to appear may not exceed one hundred
dollars. Costs imposed constitute a judgment against a defendant and survive a
dismissal of the underlying action against the defendant. However, if the
defendant is acquitted on the underlying action, the costs for preparing and
serving a warrant for failure to appear do not survive the acquittal, and the
judgment that such costs would otherwise constitute shall be vacated.
(3) The court shall not sentence a defendant to pay costs unless the defendant is or will be able to pay them. In determining the amount and method of payment of costs, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose.
(4) A
defendant who has been sentenced to pay costs and who is not in contumacious
default in the payment thereof may at any time petition the sentencing
court ((which sentenced him)) for remission of the payment of costs or
of any unpaid portion thereof. If it appears to the satisfaction of the court
that payment of the amount due will impose manifest hardship on the defendant
or ((his)) the defendant's immediate family, the court may remit
all or part of the amount due in costs, or modify the method of payment under
RCW 10.01.170.
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