HB 1940 - H AMD 164 ADOPTED 3-13-97

By Representative Sterk

On page 1, beginning on line 8, strike all of section 1 and insert:

ASec. 1. RCW 10.05.090 and 1994 c 275 ' 18 are each amended to read as follows:

If a petitioner, who has been accepted for a deferred prosecution, fails or neglects to carry out and fulfill any term or condition of the petitioner's treatment plan or any term or condition imposed in connection with the installation of an interlock or other device under RCW 46.20.720, the facility, center, institution, or agency administering the treatment or the entity administering the use of the device, shall immediately report such breach to the court, the prosecutor, and the petitioner or petitioner's attorney of record, together with its recommendation. The court upon receiving such a report shall hold a hearing to determine whether the petitioner should be removed from the deferred prosecution program. At the hearing, evidence shall be taken of the petitioner's alleged failure to comply with the treatment plan or device installation and the petitioner shall have the right to present evidence on his or her own behalf. The court shall either order that the petitioner continue on the treatment plan or be removed from deferred prosecution. If removed from deferred prosecution, the court shall enter judgment pursuant to RCW 10.05.020 and, if the charge for which the deferred prosecution was granted was a misdemeanor or gross misdemeanor under Title 46 RCW, shall notify the department of licensing of the removal and entry of judgment.

Sec. 2. RCW 10.05.140 and 1991 c 247 ' 1 are each amended to read as follows:

As a condition of granting a deferred prosecution petition, the court shall order that the petitioner shall not operate a motor vehicle upon the public highways without a valid operator's license and proof of liability insurance. The amount of liability insurance shall be established by the court at not less than that established by RCW 46.29.490. As a condition of granting a deferred prosecution petition, the court may also order the installation of an interlock or other device under RCW 46.20.720. As a condition of granting a deferred prosecution petition, the court may order the petitioner to make restitution and to pay costs as defined in RCW 10.01.160. The court may terminate the deferred prosecution program upon violation of this section.@

Renumber the remaining sections, correct any internal references accordingly and correct the title.

EFFECT: Explicitly provides for installation of an ignition interlock as part of granting a deferred prosecution and provides that a failure to comply with the interlock installation's requirements may lead to removal from the deferral. Removes explicit language regarding installation of an ignition interlock as part of a modification of a treatment plan following a failure to meet the terms of the plan.