H-3202.1 _______________________________________________
HOUSE BILL 2677
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State of Washington 56th Legislature 2000 Regular Session
By Representatives Wolfe, Alexander, O'Brien, Ballasiotes, Lovick, Morris, Wensman, Cody, D. Schmidt, Reardon, Ruderman and Kagi
Read first time 01/18/2000. Referred to Committee on Judiciary.
AN ACT Relating to eligibility for deferred prosecution; and amending RCW 10.05.010.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 10.05.010 and 1998 c 208 s 1 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 and is not eligible if he or she has more than two prior convictions for an offense or offenses to which RCW 46.61.513 applies, or for any equivalent out-of-state offense or offenses, where the prior convictions are the result of arrests that occurred within seven years of the arrest for the current offense. Separate offenses committed more than seven days apart may not be consolidated in a single program.
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