H‑0359.2 _____________________________________________
HOUSE BILL 1101
_____________________________________________
State of Washington 57th Legislature 2001 Regular Session
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 01/17/2001. Referred to Committee on Appropriations.
_1 AN ACT Relating to funding for local government criminal
_2 justice; amending RCW 46.63.110; adding a new section to chapter
_3 46.64 RCW; creating a new section; and prescribing penalties.
_4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
_5 NEW SECTION. Sec. 1. The legislature finds that:
_6 (1) The legislature has adopted numerous criminal laws related
_7 to DUI and domestic violence and that implementation of these laws
_8 has created substantial cumulative fiscal impacts on county and
_9 city criminal justice agencies; and
10 (2) In 1999, Initiative 695 repealed the motor vehicle excise
11 tax, from which local governments derived a significant amount of
12 criminal justice funding. That funding has been only partially
13 replaced.
14 It is the intent of the legislature to provide a source of
15 funds for county and city law enforcement, prosecutors, and courts
16 to help implement the criminal laws it has enacted. It is the
17 intent of the legislature to increase fines in order to increase
18 revenue to local governments.
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_1 Sec. 2. RCW 46.63.110 and 1997 c 331 s 3 are each amended to read
_2 as follows:
_3 (1) A person found to have committed a traffic infraction shall
_4 be assessed a monetary penalty. No penalty may exceed two hundred
_5 and fifty dollars for each offense unless authorized by this
_6 chapter or title.
_7 (2) The supreme court shall prescribe by rule a schedule of
_8 monetary penalties for designated traffic infractions. This rule
_9 shall also specify the conditions under which local courts may
10 exercise discretion in assessing fines and penalties for traffic
11 infractions. The legislature respectfully requests the supreme
12 court to adjust this schedule every two years for inflation.
13 (3) There shall be a penalty of twenty-five dollars for failure
14 to respond to a notice of traffic infraction except where the
15 infraction relates to parking as defined by local law, ordinance,
16 regulation, or resolution or failure to pay a monetary penalty
17 imposed pursuant to this chapter. A local legislative body may set
18 a monetary penalty not to exceed twenty-five dollars for failure
19 to respond to a notice of traffic infraction relating to parking
20 as defined by local law, ordinance, regulation, or resolution. The
21 local court, whether a municipal, police, or district court, shall
22 impose the monetary penalty set by the local legislative body.
23 (4) Monetary penalties provided for in chapter 46.70 RCW which
24 are civil in nature and penalties which may be assessed for
25 violations of chapter 46.44 RCW relating to size, weight, and load
26 of motor vehicles are not subject to the limitation on the amount
27 of monetary penalties which may be imposed pursuant to this
28 chapter.
29 (5) Whenever a monetary penalty is imposed by a court under
30 this chapter it is immediately payable. If the person is unable to
31 pay at that time the court may, in its discretion, grant an
32 extension of the period in which the penalty may be paid. If the
33 penalty is not paid on or before the time established for payment
34 the court shall notify the department of the failure to pay the
35 penalty, and the department shall suspend the person's driver's
36 license or driving privilege until the penalty has been paid and
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_1 the penalty provided in subsection (3) of this section has been
_2 paid.
_3 (6) In addition to any other penalties imposed under this
_4 section and not subject to the limitation of subsection (1) of
_5 this section, a person found to have committed a traffic
_6 infraction shall be assessed a fee of five dollars per
_7 infraction. Under no circumstances shall this fee be reduced or
_8 waived. Revenue from this fee shall be forwarded to the state
_9 treasurer for deposit in the emergency medical services and trauma
10 care system trust account under RCW 70.168.040.
11 (7)(a) In addition to any other penalties imposed under this
12 section and not subject to the limitation of subsection (1) of
13 this section, a person found to have committed a traffic
14 infraction other than of RCW 46.61.527 shall be assessed an
15 additional penalty of ten dollars. The court may not reduce, waive,
16 or suspend the additional penalty unless the court finds the
17 offender to be indigent. If a community service program for
18 offenders is available in the jurisdiction, the court shall allow
19 offenders to offset all or a part of the penalty due under this
20 subsection (7) by participation in the community service program.
21 (b) Revenue from the additional penalty must be remitted under
22 chapters 2.08, 3.46, 3.50, 3.62, and 35.20 RCW. Money remitted
23 under this subsection to the state treasurer must be deposited as
24 provided in RCW 43.08.250. The balance of the revenue received by
25 the county or city treasurer under this subsection must be
26 deposited into the county or city current expense fund.
27 NEW SECTION. Sec. 3. A new section is added to chapter 46.64
28 RCW to read as follows:
29 (1) In addition to any other penalties imposed for conviction
30 of a violation of this title that is a misdemeanor, gross
31 misdemeanor, or felony, the court shall impose an additional
32 penalty of fifty dollars. The court may not reduce, waive, or
33 suspend the additional penalty unless the court finds the offender
34 to be indigent. If a community service program for offenders is
35 available in the jurisdiction, the court shall allow offenders to
36 offset all or a part of the penalty due under this section by
37 participation in the community service program.
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_1 (2) Revenue from the additional penalty must be remitted under
_2 chapters 2.08, 3.46, 3.50, 3.62, and 35.20 RCW. Money remitted
_3 under this section to the state treasurer must be deposited as
_4 provided in RCW 43.08.250. The balance of the revenue received by
_5 the county or city treasurer under this section must be deposited
_6 into the county or city current expense fund.
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