CERTIFICATION OF ENROLLMENT

                        HOUSE BILL 2205

                        56th Legislature

                      1999 Regular Session

Passed by the House March 10, 1999   Yeas 97   Nays 0 Speaker of the House of Representatives Speaker of the House of Representatives Passed by the Senate April 9, 1999   Yeas 49   Nays 0	CERTIFICATE We, Dean R. Foster and Timothy A. Martin, Co-Chief Clerks of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 2205  as passed by the House of Representatives and the Senate on the dates hereon set forth.                           Chief Clerk                           Chief Clerk
President of the Senate

Approved Place Style On Codes above, and Style Off Codes below.	FILED
Governor of the State of Washington	Secretary of State                   State of Washington

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                          HOUSE BILL 2205

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             Passed Legislature - 1999 Regular Session

State of Washington      56th Legislature     1999 Regular Session

By Representatives McDonald, Lovick, Carrell, Constantine and Haigh

Read first time 02/19/1999.  Referred to Committee on Judiciary.

Providing conditions for waiver of the requirement for a mandatory appearance following arrest for DUI. 

    AN ACT Relating to the mandatory court appearance following arrest for DUI; and amending RCW 46.61.50571.

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

    Sec. 1.  RCW 46.61.50571 and 1998 c 214 s 5 are each amended 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 if the defendant is served with a citation or complaint at the time of the arrest.  A court may by local court rule waive the requirement for appearance within one judicial day if it provides for the appearance at the earliest practicable day following arrest and establishes the method for identifying that day in the rule.

    (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.

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