H‑2217.1 _____________________________________________
SUBSTITUTE HOUSE BILL 1101
_____________________________________________
State of Washington 57th Legislature 2001 Regular Session
By House Committee on Appropriations (originally sponsored by Representatives Doumit, Lisk, Lovick, Clements, Gombosky, Delvin, Haigh, Barlean, Simpson, Mulliken, Kagi, Conway, Lantz, Hunt, Wood, Rockefeller, G. Chandler, Dunshee, Skinner, Ballasiotes, D. Schmidt, Romero, Kenney, Linville and Jackley)
READ FIRST TIME 03/8/01.
_1 AN ACT Relating to funding for local government criminal
_2 justice; amending RCW 3.62.090 and 46.63.110; adding a new section
_3 to chapter 46.64 RCW; creating a new section; prescribing
_4 penalties; and providing an effective date.
_5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
_6 NEW SECTION. Sec. 1. The legislature finds that:
_7 (1) The legislature has adopted numerous criminal laws related
_8 to DUI and domestic violence and that implementation of these laws
_9 has created substantial cumulative fiscal impacts on county and
10 city criminal justice agencies; and
11 (2) In 1999, Initiative 695 repealed the motor vehicle excise
12 tax, from which local governments derived a significant amount of
13 criminal justice funding. That funding has been only partially
14 replaced.
15 It is the intent of the legislature to provide a source of
16 funds for county and city law enforcement, prosecutors, and courts
17 to help implement the criminal laws it has enacted. It is the
p. 1 SHB 1101
_1 intent of the legislature to increase fines in order to increase
_2 revenue to local governments.
_3 Sec. 2. RCW 3.62.090 and 1997 c 331 s 4 are each amended to read
_4 as follows:
_5 (1) There shall be assessed and collected in addition to any
_6 fines, forfeitures, or penalties assessed, other than for parking
_7 infractions, by all courts organized under Title 3 or 35 RCW a
_8 public safety and education assessment equal to sixty percent of
_9 such fines, forfeitures, or penalties, which shall be remitted as
10 provided in chapters 3.46, 3.50, 3.62, and 35.20 RCW. The
11 assessment required by this section shall not be suspended or
12 waived by the court.
13 (2) There shall be assessed and collected in addition to any
14 fines, forfeitures, or penalties assessed, other than for parking
15 infractions and for fines levied under RCW 46.61.5055, and in
16 addition to the public safety and education assessment required
17 under subsection (1) of this section, by all courts organized
18 under Title 3 or 35 RCW, an additional public safety and education
19 assessment equal to fifty percent of the public safety and
20 education assessment required under subsection (1) of this
21 section, which shall be remitted to the state treasurer and
22 deposited as provided in RCW 43.08.250. The additional assessment
23 required by this subsection shall not be suspended or waived by
24 the court.
25 (3) This section does not apply to the fee imposed under RCW
26 ((43.63.110(6))) 46.63.110(6) or the penalty
imposed under RCW
27 46.63.110(7).
28 Sec. 3. RCW 46.63.110 and 1997 c 331 s 3 are each amended to read
29 as follows:
30 (1) A person found to have committed a traffic infraction shall
31 be assessed a monetary penalty. No penalty may exceed two hundred
32 and fifty dollars for each offense unless authorized by this
33 chapter or title.
34 (2) The supreme court shall prescribe by rule a schedule of
35 monetary penalties for designated traffic infractions. This rule
36 shall also specify the conditions under which local courts may
SHB 1101 p. 2
_1 exercise discretion in assessing fines and penalties for traffic
_2 infractions. The legislature respectfully requests the supreme
_3 court to adjust this schedule every two years for inflation.
_4 (3) There shall be a penalty of twenty-five dollars for failure
_5 to respond to a notice of traffic infraction except where the
_6 infraction relates to parking as defined by local law, ordinance,
_7 regulation, or resolution or failure to pay a monetary penalty
_8 imposed pursuant to this chapter. A local legislative body may set
_9 a monetary penalty not to exceed twenty-five dollars for failure
10 to respond to a notice of traffic infraction relating to parking
11 as defined by local law, ordinance, regulation, or resolution. The
12 local court, whether a municipal, police, or district court, shall
13 impose the monetary penalty set by the local legislative body.
14 (4) Monetary penalties provided for in chapter 46.70 RCW which
15 are civil in nature and penalties which may be assessed for
16 violations of chapter 46.44 RCW relating to size, weight, and load
17 of motor vehicles are not subject to the limitation on the amount
18 of monetary penalties which may be imposed pursuant to this
19 chapter.
20 (5) Whenever a monetary penalty is imposed by a court under
21 this chapter it is immediately payable. If the person is unable to
22 pay at that time the court may, in its discretion, grant an
23 extension of the period in which the penalty may be paid. If the
24 penalty is not paid on or before the time established for payment
25 the court shall notify the department of the failure to pay the
26 penalty, and the department shall suspend the person's driver's
27 license or driving privilege until the penalty has been paid and
28 the penalty provided in subsection (3) of this section has been
29 paid.
30 (6) In addition to any other penalties imposed under this
31 section and not subject to the limitation of subsection (1) of
32 this section, a person found to have committed a traffic
33 infraction shall be assessed a fee of five dollars per
34 infraction. Under no circumstances shall this fee be reduced or
35 waived. Revenue from this fee shall be forwarded to the state
36 treasurer for deposit in the emergency medical services and trauma
37 care system trust account under RCW 70.168.040.
38 (7)(a) In addition to any other penalties imposed under this
p. 3 SHB 1101
_1 section and not subject to the limitation of subsection (1) of
_2 this section, a person found to have committed a traffic
_3 infraction other than of RCW 46.61.527 shall be assessed an
_4 additional penalty of ten dollars. The court may not reduce, waive,
_5 or suspend the additional penalty unless the court finds the
_6 offender to be indigent. If a community service program for
_7 offenders is available in the jurisdiction, the court shall allow
_8 offenders to offset all or a part of the penalty due under this
_9 subsection (7) by participation in the community service program.
10 (b) Revenue from the additional penalty must be remitted under
11 chapters 10.82, 2.08, 3.46, 3.50, 3.62, and 35.20 RCW. Money
12 remitted under this subsection to the state treasurer must be
13 deposited as provided in RCW 43.08.250. The balance of the revenue
14 received by the county or city treasurer under this subsection
15 must be deposited into the county or city current expense fund.
16 NEW SECTION. Sec. 4. A new section is added to chapter 46.64
17 RCW to read as follows:
18 (1) In addition to any other penalties imposed for conviction
19 of a violation of this title that is a misdemeanor, gross
20 misdemeanor, or felony, the court shall impose an additional
21 penalty of fifty dollars. The court may not reduce, waive, or
22 suspend the additional penalty unless the court finds the offender
23 to be indigent. If a community service program for offenders is
24 available in the jurisdiction, the court shall allow offenders to
25 offset all or a part of the penalty due under this section by
26 participation in the community service program.
27 (2) Revenue from the additional penalty must be remitted under
28 chapters 10.82, 2.08, 3.46, 3.50, 3.62, and 35.20 RCW. Money
29 remitted under this section to the state treasurer must be
30 deposited as provided in RCW 43.08.250. The balance of the revenue
31 received by the county or city treasurer under this section must
32 be deposited into the county or city current expense fund.
33 NEW SECTION. Sec. 5. This act takes effect September 1, 2001.
‑‑‑ END ‑‑‑
SHB 1101 p. 4