S-0194.1  _______________________________________________

 

                         SENATE BILL 5175

          _______________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Senators Kline, Long, Roach, Fairley, Patterson, Constantine and Kohl‑Welles

 

Read first time 01/15/2001.  Referred to Committee on Judiciary.

Providing procedures for enforcement of court-ordered restitution obligations in courts of limited jurisdiction.


    AN ACT Relating to enforcement of court-ordered restitution obligations; and adding a new section to chapter 3.66 RCW.

 

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

 

    NEW SECTION.  Sec. 1.  A new section is added to chapter 3.66 RCW to read as follows:

    All court-ordered restitution obligations that are ordered as a result of a conviction for a criminal offense in a court of limited jurisdiction may be enforced in the same manner as a judgment in a civil action by the party or entity to whom the legal financial obligation is owed.  The judgment and sentence must identify the party or entity to whom restitution is owed so that the state, party, or entity may enforce the judgment.

    All court-ordered restitution obligations may be enforced at any time during the ten-year period following the offender's release from total confinement or within ten years of entry of the judgment and sentence, whichever period is longer.  Prior to the expiration of the initial ten-year period, the court may extend the criminal judgment an additional ten years for payment of court-ordered financial obligations.

    The party or entity to whom the court-ordered restitution obligation is owed may utilize any other remedies available to the party or entity to collect the court-ordered financial obligation.

    Nothing in this section may be construed to deprive the court of the authority to determine whether the offender's failure to pay the legal financial obligation constitutes a violation of a condition of probation or to impose a sanction upon the offender if such a violation is found.

 


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