H-0099.3  _______________________________________________

                          HOUSE BILL 2140

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representatives Hurst and Esser

Read first time 02/19/2001.  Referred to Committee on Judiciary.

Extending the period of local court jurisdiction.

    AN ACT Relating to extending the period of court jurisdiction; and amending RCW 35.20.255, 3.50.330, and 3.66.068.

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

    Sec. 1.  RCW 35.20.255 and 1999 c 56 s 3 are each amended to read as follows:

    Judges of the municipal court, in their discretion, shall have the power in all criminal proceedings within their jurisdiction including violations of city ordinances, to defer imposition of any sentence, suspend all or part of any sentence, fix the terms of any such deferral or suspension, and provide for such probation and parole as in their opinion is reasonable and necessary under the circumstances of the case, but in no case shall it extend for more than five years from the date of conviction for a defendant to be sentenced under RCW 46.61.5055 and two years from the date of conviction for all other offenses.  If a court of limited jurisdiction orders a defendant to appear before the court following conviction and imposition of a deferred or suspended sentence and the defendant fails to appear for the hearing as ordered and the defendant is otherwise amenable to process then the court's jurisdiction shall be tolled.  The period of the court's jurisdiction shall be tolled during any period a warrant is outstanding.  However, the jurisdiction period in this section does not apply to the enforcement of orders issued under RCW 46.20.720.

    Sec. 2.  RCW 3.50.330 and 1999 c 56 s 1 are each amended to read as follows:

    For a period not to exceed five years after imposition of sentence for a defendant sentenced under RCW 46.61.5055 and two years after imposition of sentence for all other offenses, the court shall have continuing jurisdiction and authority to suspend the execution of all or any part of the sentence upon stated terms, including installment payment of fines.  If a court of limited jurisdiction orders a defendant to appear before the court following conviction and imposition of a deferred or suspended sentence and the defendant fails to appear for the hearing as ordered and the defendant is otherwise amenable to process then the court's jurisdiction shall be tolled.  The period of the court's jurisdiction shall be tolled during any period a warrant is outstanding.  However, the jurisdiction period in this section does not apply to the enforcement of orders issued under RCW 46.20.720.

    Sec. 3.  RCW 3.66.068 and 1999 c 56 s 2 are each amended to read as follows:

    For a period not to exceed five years after imposition of sentence for a defendant sentenced under RCW 46.61.5055 and two years after imposition of sentence for all other offenses, the court has continuing jurisdiction and authority to suspend the execution of all or any part of its sentence upon stated terms, including installment payment of fines.  If a court of limited jurisdiction orders a defendant to appear before the court following conviction and imposition of a deferred or suspended sentence and the defendant fails to appear for the hearing as ordered and the defendant is otherwise amenable to process then the court's jurisdiction shall be tolled.  The period of the court's jurisdiction shall be tolled during any period a warrant is outstanding.  However, the jurisdiction period in this section does not apply to the enforcement of orders issued under RCW 46.20.720.

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