CERTIFICATION OF ENROLLMENT
SENATE BILL 6065
Chapter 192, Laws of 1994
53rd Legislature
1994 Regular Session
COSTS IMPOSED UPON CONVICTED DEFENDANTS
EFFECTIVE DATE: 6/9/94
Passed by the Senate March 8, 1994 YEAS 47 NAYS 0
JOEL PRITCHARD 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. |
BRIAN EBERSOLE Speaker of the House of Representatives |
MARTY BROWN Secretary
|
Approved March 30, 1994 |
FILED
March 30, 1994 - 1:42 p.m. |
|
|
MIKE LOWRY 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.
Passed the Senate March 8, 1994.
Passed the House March 1, 1994.
Approved by the Governor March 30, 1994.
Filed in Office of Secretary of State March 30, 1994.