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SENATE
BILL 6181
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Passed Legislature -
1996 Regular Session
State of Washington 54th
Legislature 1996 Regular Session
By
Read first time 01/08/96.
Referred to Committee on Law & Justice.
Clarifying the
waiver of jury trial rights upon acceptance of a deferred prosecution.
AN ACT Relating to
requirements of a petition for deferred prosecution; and amending RCW
10.05.020.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 10.05.020 and 1985 c
352 s 6 are each amended to read as follows:
(1) The petitioner
shall allege under oath in the petition that the wrongful conduct charged is
the result of or caused by alcoholism, drug addiction, or mental problems for
which the person is in need of treatment and unless treated the probability of
future reoccurrence is great, along with a statement that the person agrees to
pay the cost of a diagnosis and treatment of the alleged problem or problems if
financially able to do so. The petition shall also contain a case history and
written assessment prepared by an approved alcoholism treatment ((facility))
program as designated in chapter 70.96A RCW if the petition alleges
alcoholism, an approved drug program as designated in chapter 71.24 RCW if the
petition alleges drug addiction, or by an approved mental health center if the
petition alleges a mental problem.
(2) Before entry of an
order deferring prosecution, a petitioner shall be advised of his or her
rights as an accused and execute, as a condition of receiving treatment, a
statement that contains: (a) An acknowledgement of his or her rights;
(b) an acknowledgement and waiver of the right to testify, the right to a
speedy trial, the right to call witnesses to testify, the right to present
evidence in his or her defense, and the right to a jury trial; (c) a
stipulation to the admissibility and sufficiency of the facts contained
in the written police report; and (((c))) (d) an acknowledgement
that the statement will be entered and used to support a finding of guilty if
the court finds cause to revoke the order granting deferred prosecution. The
petitioner shall also be advised that he or she may, if he or she
proceeds to trial and is found guilty, be allowed to seek suspension of some or
all of the fines and incarceration that may be ordered upon the condition that
he or she seek treatment and, further, that he or she may seek
treatment from public and private agencies at any time without regard to
whether or not he or she is found guilty of the offense charged. He or
she shall also be advised that the court will not accept a petition for
deferred prosecution from a person who sincerely believes that he or she
is innocent of the charges or sincerely believes that he or she does
not, in fact, suffer from alcoholism, drug addiction, or mental problems.
(3) Before
entering an order deferring prosecution, the court shall make specific findings
that: (a) The petitioner has stipulated to the admissibility and
sufficiency of the facts as contained in the written police report; (b) the
petitioner has acknowledged the admissibility of the stipulated facts in any
criminal hearing ((or trial)) on the underlying offense or offenses held
subsequent to revocation of the order granting deferred prosecution; ((and))
(c) the petitioner has acknowledged and waived the right to testify, the
right to a speedy trial, the right to call witnesses to testify, the right to
present evidence in his or her defense, and the right to a jury trial; and (d)
the petitioner's statements were made knowingly and voluntarily. Such findings
shall be included in the order granting deferred prosecution.
Passed
the Senate February 13, 1996.
Passed
the House February 26, 1996.
Approved by the Governor March 7, 1996.
Filed in
Office of Secretary of State March 7, 1996.
