H-4847.1  _______________________________________________

                    SUBSTITUTE HOUSE BILL 3089

          _______________________________________________

State of Washington      55th Legislature     1998 Regular Session

By House Committee on Law & Justice (originally sponsored by Representatives McDonald, Sheahan, Kessler, Bush, Robertson and Boldt)

Read first time 02/05/98.  Referred to Committee on .

Limiting eligibility for the deferred prosecution program to once in a lifetime.

    AN ACT Relating to drunk driving; and amending RCW 10.05.010, 10.05.100, 10.05.120, and 10.05.160.

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

    Sec. 1.  RCW 10.05.010 and 1985 c 352 s 4 are each amended to read as follows:

    In a court of limited jurisdiction a person charged with a misdemeanor or gross misdemeanor may petition the court to be considered for a deferred prosecution program.  The petition shall be filed with the court at least seven days before the date set for trial but, upon a written motion and affidavit establishing good cause for the delay and failure to comply with this section, the court may waive this requirement subject to the defendant's reimbursement to the court of the witness fees and expenses due for subpoenaed witnesses who have appeared on the date set for trial.

    A person charged with a traffic infraction, misdemeanor, or gross misdemeanor under Title 46 RCW shall not be eligible for a deferred prosecution program unless the court makes specific findings pursuant to RCW 10.05.020.  Such person shall not be eligible for a deferred prosecution program more than once ((in any five-year period)).  Separate offenses committed more than seven days apart may not be consolidated in a single program.

    Sec. 2.  RCW 10.05.100 and 1985 c 352 s 13 are each amended to read as follows:

    If a petitioner is subsequently convicted of a similar offense ((while)) that was committed while the petitioner was in a deferred prosecution program, upon notice the court shall remove the petitioner's docket from the deferred prosecution file and the court shall enter judgment pursuant to RCW 10.05.020.

    Sec. 3.  RCW 10.05.120 and 1994 c 275 s 19 are each amended to read as follows:

    ((Upon)) Three years after receiving proof of successful completion of the two-year treatment program, but not before five years following entry of the order of deferred prosecution, the court shall dismiss the charges pending against the petitioner.

    Sec. 4.  RCW 10.05.160 and 1985 c 352 s 18 are each amended to read as follows:

    The prosecutor may appeal an order granting deferred prosecution on any or all of the following grounds:

    (1) Prior deferred prosecution has been granted to the defendant ((within five years));

    (2) Failure of the court to obtain proof of insurance or a treatment plan conforming to the requirements of this chapter;

    (3) Failure of the court to comply with the requirements of RCW 10.05.100;

    (4) Failure of the evaluation facility to provide the information required in RCW 10.05.040 and 10.05.050, if the defendant has been referred to the facility for treatment.  If an appeal on such basis is successful, the trial court may consider the use of another treatment facility.

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