BP BHEAD INT S [atlas:bill]

AN ACT Relating to processing traffic citations issued outside an officer's primary territorial jurisdiction; amending RCW 46.64.010; adding a new section to chapter 46.63 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The legislature recognizes that under RCW 10.93.070, general authority Washington peace officers may enforce the traffic laws of this state throughout the territorial bounds of this state under certain enumerated circumstances. The legislature recognizes that currently there does not exist established procedures for the disposition of traffic citations issued outside an officer's primary territorial jurisdiction. It is the purpose of section 2 of this act to establish procedures for the disposition of such citations.

NEW SECTION. Sec. 2. A new section is added to chapter 46.63 RCW to read as follows:

(1)(a) When a law enforcement officer issues a traffic citation outside the officer's primary territorial jurisdiction for a violation of the state traffic laws, as authorized under RCW 10.93.070, the officer shall deposit the original or a copy of the traffic citation with the court of limited jurisdiction in which the officer would normally deposit traffic citations if the officer were in his or her primary territorial jurisdiction. The court of limited jurisdiction in which the officer deposits the original or a copy of the traffic citation has jurisdiction over the infraction as if the infraction were issued within the officer's primary territorial jurisdiction.

(b) For the purposes of this section, "primary territorial jurisdiction" means the city, town, or unincorporated areas within the county boundaries in which the officer is responsible for police activity.

(2)(a) Within ten business days from the date the citation was issued, the person determined to have committed the infraction may request that jurisdiction over the traffic infraction be transferred to the court having jurisdiction over traffic infractions issued where the alleged violation occurred. The request must be in writing and submitted to the court where the citation was deposited. Upon such a request, the court where the citation was deposited must transfer jurisdiction over the matter to the appropriate court.

(b) Except as provided for in subsection (3) of this section, all procedures applicable to traffic infractions under this chapter apply in the same manner to traffic infractions that have been transferred under this section. A transfer of jurisdiction over the infraction does not limit or preclude hearings, rights, or remedies available under this chapter to the person determined to have committed the infraction. When a person requests a transfer under this section, the time period in which a person has to respond to a notice of traffic infraction will be calculated from the date the traffic infraction is transferred.

(3) If the person determined to have committed the infraction requests a hearing to contest the infraction, the person may subpoena witnesses, including the officer, and may present evidence and examine witnesses present in court. If the person subpoenas the officer and the court finds that the infraction was committed, the person must pay all reasonable travel costs associated with the officer's appearance. If both the prosecutor and the person determined to have committed the infraction subpoena the officer and the court finds that the infraction was committed, the person determined to have committed the infraction must pay all reasonable travel costs associated with the officer's appearance.

(4) The procedures provided in this section do not apply to traffic citations issued by any Washington state patrol officer.

Sec. 3. RCW 46.64.010 and 1961 c 12 s 46.64.010 are each amended to read as follows:

Every traffic enforcement agency in this state shall provide in appropriate form traffic citations containing notices to appear which shall be issued in books with citations in quadruplicate and meeting the requirements of this section.

The chief administrative officer of every such traffic enforcement agency shall be responsible for the issuance of such books and shall maintain a record of every such book and each citation contained therein issued to individual members of the traffic enforcement agency and shall require and retain a receipt for every book so issued.

Every traffic enforcement officer upon issuing a traffic citation to an alleged violator of any provision of the motor vehicle laws of this state or of any traffic ordinance of any city or town shall deposit the original or a copy of such traffic citation with a court having competent jurisdiction over the alleged offense or with its traffic violations bureau.

Upon the deposit of the original or a copy of such traffic citation, or transfer of the traffic citation as provided for under section 2 of this act, with a court having competent jurisdiction over the alleged offense or with its traffic violations bureau as aforesaid, said original or copy of such traffic citation may be disposed of only by trial in said court or other official action by a judge of said court, including forfeiture of the bail or by the deposit of sufficient bail with or payment of a fine to said traffic violations bureau by the person to whom such traffic citation has been issued by the traffic enforcement officer.

It shall be unlawful and official misconduct for any traffic enforcement officer or other officer or public employee to dispose of a traffic citation or copies thereof or of the record of the issuance of the same in a manner other than as required herein.

The chief administrative officer of every traffic enforcement agency shall require the return to him of a copy of every traffic citation issued by an officer under his supervision to an alleged violator of any traffic law or ordinance and of all copies of every traffic citation which has been spoiled or upon which any entry has been made and not issued to an alleged violator.

Such chief administrative officer shall also maintain or cause to be maintained in connection with every traffic citation issued by an officer under his supervision a record of the disposition of the charge by the court or its traffic violations bureau in which the original or copy of the traffic citation was deposited.

Any person who cancels or solicits the cancellation of any traffic citation, in any manner other than as provided in this section, shall be guilty of a misdemeanor.

Every record of traffic citations required in this section shall be audited monthly by the appropriate fiscal officer of the government agency to which the traffic enforcement agency is responsible.