S-0740.1  _______________________________________________

                         SENATE BILL 5523

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Senators Smith and Johnson

Read first time 01/25/95.  Referred to Committee on Law & Justice.

Regulating payment of criminal defendants' costs.

    AN ACT Relating to imposition of costs; amending RCW 10.01.160; and repealing RCW 10.64.130.

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

    Sec. 1.  RCW 10.01.160 and 1994 c 192 s 1 are each amended to read as follows:

    (1) The court may require a defendant 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 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 of incarceration imposed on a defendant convicted of a misdemeanor or a gross misdemeanor may not exceed fifty dollars per day of incarceration.  Payment of other court-ordered financial obligations, including all legal financial obligations and costs of supervision take precedence over the payment of the cost of incarceration ordered by the court.  All funds received from defendants for the cost of incarceration in the county or city jail must be remitted to the county or city for criminal justice purposes.  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 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 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.

NEW SECTION. Sec. 2.  RCW 10.64.130 and 1993 c 355 s 1 are each repealed.

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