H-4651.1  _______________________________________________

                          HOUSE BILL 3089

          _______________________________________________

State of Washington      55th Legislature     1998 Regular Session

By Representatives McDonald, Sheahan, Kessler, Bush, Robertson and Boldt

Read first time 01/29/98.  Referred to Committee on Law & Justice.

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

    AN ACT Relating to drunk driving; and amending RCW 10.05.010.

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.

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