S-1312.3  _______________________________________________

 

                         SENATE BILL 5867

          _______________________________________________

 

State of Washington      54th Legislature     1995 Regular Session

 

By Senators Palmer, Smith, Oke, Hargrove, Swecker, Owen and Schow

 

Read first time 02/10/95.  Referred to Committee on Law & Justice.

 

Authorizing fines for drug offenses based on the offender's annual gross income.



    AN ACT Relating to offenses involving drugs; amending RCW 9.94A.386; and prescribing penalties.

 

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

 

    Sec. 1.  RCW 9.94A.386 and 1984 c 209 s 23 are each amended to read as follows:

    (1) On all sentences under this chapter the court may impose fines according to the following ranges:

 

           Class A felonies        $0 - 50,000

           Class B felonies        $0 - 20,000

           Class C felonies        $0 - 10,000

 

    (2) For possession of a controlled substance under RCW 69.50.401(d) or any drug offense, the court shall impose a fine that is the greater of:

    (a) Twenty-five percent of the offender's annual gross income for a first offense within a five-year period, or a fine of fifty percent of the offender's annual gross income for a second or subsequent offense within a five-year period; or

    (b) The fine authorized by subsection (1) of this section.

    For the purposes of this section, "gross income" means salaries, wages, commissions, deferred compensation, overtime, contract-related benefits, income from second jobs, dividends, interest, trust income, severance pay, annuities, capital gains, pension retirement benefits, workers' compensation, unemployment benefits, spousal maintenance actually received, bonuses, social security benefits, disability insurance benefits, gifts, and prizes.

    (3) All fines collected under subsection (2) of this section shall be deposited in the violence reduction and drug enforcement account for the purpose of financing drug treatment and abuse prevention programs in the county of conviction.

 


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