S-0306.3 _______________________________________________
SENATE BILL 5139
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State of Washington 54th Legislature 1995 Regular Session
By Senators Kohl, Smith, Long, Prentice, Winsley, Heavey, Prince, Franklin, Schow, West, Oke and Rasmussen
Read first time 01/12/95. Referred to Committee on Law & Justice.
AN ACT Relating to persons who patronize prostitutes; adding a new section to chapter 9A.88 RCW; creating a new section; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that most law enforcement effort to prevent prostitution is directed at punishing prostitutes. The legislature also finds that many patrons of prostitutes use motor vehicles in order to obtain the services of prostitutes and that successful prevention of prostitution involves efforts to curtail the demand for services offered by prostitutes. It is the intent of the legislature to decrease the demand for prostitution services and thereby eliminate the economic foundation for the prostitution industry. It is also the intent of the legislature to eliminate traffic congestion and other concerns to neighborhoods and business areas caused by patrons cruising in motor vehicles in areas of high prostitution activity.
NEW SECTION. Sec. 2. A new section is added to chapter 9A.88 RCW to read as follows:
(1) Upon determining that a person while operating a vehicle is patronizing a prostitute in violation of RCW 9A.88.110 or patronizing a juvenile prostitute in violation of RCW 9.68A.100, a law enforcement officer may immediately impound the vehicle that the person is operating.
(2) If the driver of the vehicle is the owner of the vehicle, the officer shall not release the vehicle impounded under subsection (1) of this section until the owner of the vehicle:
(a) Establishes that any penalties, fines, or forfeitures owed by the person driving the vehicle when it was impounded have been satisfied; and
(b) Pays the reasonable costs of such impoundment and storage.
(3) If the driver of the vehicle is not the owner of the vehicle, the driver shall be responsible for any penalties, fines, or forfeitures owed or due and for the costs of impoundment and storage. The vehicle shall be released to the owner immediately upon proof of such ownership.
(4) Whenever a vehicle has been impounded by a law enforcement officer, the officer shall immediately serve upon the driver of the impounded vehicle a notice informing the recipient of his or her right to a hearing in the district court for the jurisdiction in which the vehicle was impounded to contest the validity of the impoundment or the amount of towing or the amount of towing and storage charges. A request for a hearing shall be made in writing on the form provided for that purpose and must be received by the district court within ten days of the date of the impound. If the hearing request is not received by the district court within the ten-day period, the right to a hearing is waived and the driver is liable for any towing, storage, or other impoundment charges relating to the vehicle. Upon receipt of a timely hearing request, the district court shall proceed to hear and determine the validity of the impoundment.
(5)(a) The district court, within five days after the request for a hearing, shall notify the driver in writing of the hearing date and time.
(b) At the hearing, the person requesting the hearing may produce any relevant evidence to show that the impoundment was not proper.
(c) At the conclusion of the hearing, the district court shall determine whether the impoundment was proper, whether the driver was responsible for any penalties, fines, or forfeitures owed or due at the time of the impoundment, and whether they have been satisfied.
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