H-1471.1  _______________________________________________

                          HOUSE BILL 1734

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Representative Appelwick

Read first time 02/07/95.  Referred to Committee on Law & Justice.

Extending a fee to support blood and breath alcohol testing.

    AN ACT Relating to fees to support state blood and breath alcohol testing programs; amending RCW 46.61.5054; repealing 1994 c 275 s 44 (uncodified); and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 46.61.5054 and 1994 c 275 s 7 are each amended to read as follows:

    (1)(a) In addition to penalties set forth in RCW 46.61.5051 through 46.61.5053, a one hundred twenty-five dollar fee shall be assessed to a person who is either convicted, sentenced to a lesser charge, or given deferred prosecution, as a result of an arrest for violating RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522.  This fee is for the purpose of funding the Washington state toxicology laboratory and the Washington state patrol breath test program.

    (b) Upon a verified petition by the person assessed the fee, the court may suspend payment of all or part of the fee if it finds that the person does not have the ability to pay.

    (c) When a minor has been adjudicated a juvenile offender for an offense which, if committed by an adult, would constitute a violation of RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522, the court shall assess the one hundred twenty-five dollar fee under (a) of this subsection.  Upon a verified petition by a minor assessed the fee, the court may suspend payment of all or part of the fee if it finds that the minor does not have the ability to pay the fee.

    (2) The fee assessed under subsection (1) of this section shall be collected by the clerk of the court and distributed as follows:

    (a) Forty percent shall be subject to distribution under RCW 3.46.120, 3.50.100, 35.20.220, 3.62.020, 3.62.040, or 10.82.070.

    (b) If the case involves a blood test by the state toxicology laboratory, the remainder of the fee shall be forwarded to the state treasurer for deposit in the death investigations account to be used solely for funding the state toxicology laboratory blood testing program.

    (c) Otherwise, the remainder of the fee shall be forwarded to the state treasurer for deposit in the state patrol highway account to be used solely for funding the Washington state patrol breath test program.

(3) This section applies to any offense committed on or after July 1, 1993.

NEW SECTION. Sec. 2.  1994 c 275 s 44 (uncodified) is repealed.

NEW SECTION. Sec. 3.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

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