SENATE BILL REPORT

                  SHB 2138

              As Reported By Senate Committee On:

               Law & Justice, February 20, 1996

Title:  An act relating to the payment of fees.

Brief Description:  Concerning the payment and recovery of fees.

Sponsors:  House Committee on Law & Justice (originally sponsored by Representatives Sheahan, Appelwick, Scott, Hatfield, Dickerson, Thompson and Costa).

Brief History:

Committee Activity:  Law & Justice:  2/14/96, 2/20/96 [DP].

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  Do pass.

  Signed by Senators Smith, Chair; Fairley, Vice Chair; Goings, Haugen, Johnson, Long, Roach and Schow.

Staff:  Cynthia Runger (786-7717)

Background:  A "legal financial obligation" may be incurred by an adult or juvenile offender upon conviction or adjudication.  Under the Sentencing Reform Act, a legal financial obligation is a court-imposed obligation to pay money and may consist of any of the following:

$restitution to the victim;

$ statutorily imposed crime victims' compensation fees;

$court costs;

$county or interlocal drug fund assessments;

$court-appointed attorneys' fees, and costs of defense;

$fines;

$reimbursement for emergency response expenses in the case of a DWI-related vehicular assault or vehicular homicide conviction; or

$any other financial obligation that is assessed to the offender as a result of a felony conviction.

In 1995, the Legislature amended the statute of limitations for the enforcement of judgments so that a legal financial obligation can be collected up to 10 years after the date of the entry of judgment or the date when the offender is released from total confinement.  This change also allows a "party" who obtains a judgment to seek an additional 10-year extension on the period for collection.  An application for such an extension must be made within 90 days of the expiration of the original 10-year period and must be accompanied by the regular civil filing fee and an updated judgment summary.  There is some question as to whether the clerk of the superior court is a "party" within this provision.

Under another statute, a county may collect unpaid court obligations through a contract with a collection agency or through its own collection services department.  However, collection of obligations from a criminal offender may be pursued only with the agreement of the Department of Corrections if the offender is under the supervision of the department.

Summary of Bill:  Solely for the purpose of collecting unpaid court obligations through a collection agency or a collection services department, a judgment imposing legal financial obligations may be extended by the county clerk for 10 years.

If a juvenile adjudication results in imposition of a legal financial obligation, any remaining balance on that obligation becomes a judgment on the superior court docket when the juvenile reaches age 18, or when the juvenile is no longer subject to juvenile court jurisdiction, and remains enforceable for 10 years from the date of its imposition.

The extension of the period to collect financial obligations from a felony offender does not extend the Department of Corrections' responsibility for supervising the offender.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  The bill will increase the chances that financial obligations of offenders will be collected.

Testimony Against:  None.

Testified:  Donna Karvia, WA Assn. of County Clerks (pro); Debbie Wilke, WA Assn. of County Officials (pro).