3070-S2 AMS FAIR S5444.1

3070-S2 AMS FAIR S5444.1

2SHB 3070 - S AMD TO S AMD (S5425.1) - 885

By Senator Fairley

ADOPTED 3/5/98

On page 12, after line 29 of the amendment, insert the following:

"NEW SECTION. Sec. 6. A new section is added to chapter 46.61 RCW to read as follows:

(1) A defendant who is arrested for an offense involving driving while under the influence as defined in RCW 46.61.502, driving under age twenty-one after consuming alcohol as defined in RCW 46.61.503, or being in physical control of a vehicle while under the influence as defined in RCW 46.61.504, shall be required to appear in person before a magistrate within one judicial day after the arrest.

(2) A defendant who is charged by citation, complaint, or information with an offense involving driving while under the influence as defined in RCW 46.61.502, driving under age twenty-one after consuming alcohol as defined in RCW 46.61.503, or being in physical control of a vehicle while under the influence as defined in RCW 46.61.504, and who is not arrested, shall appear in court for arraignment in person as soon as practicable, but in no event later than fourteen days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information.

(3) At the time of an appearance required by this section, the court shall determine the necessity of imposing conditions of pretrial release according to the procedures established by court rule for a preliminary appearance or an arraignment.

(4) Appearances required by this section are mandatory and may not be waived."

Renumber the remaining sections consecutively and correct any internal references accordingly.

2SHB 3070 - S AMD TO S AMD (S5425.1) - 885

By Senator Fairley

ADOPTED 3/5/98

On page 21, line 17 of the title amendment, after "46.61.5055;" insert "adding a new section to chapter 46.61 RCW;"