S-0838.1  _______________________________________________

                         SENATE BILL 5243

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Costa, Roach, Constantine, Zarelli, Long, T. Sheldon and Kohl‑Welles

Read first time 01/17/2001.  Referred to Committee on Judiciary.

Extending time periods for collection of restitution for the crime of rape of a child.

    AN ACT Relating to restitution for the crime of rape of a child; and amending RCW 6.17.020.

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

    Sec. 1.  RCW 6.17.020 and 1997 c 121 s 1 are each amended to read as follows:

    (1) Except as provided in subsections (2), (3), and (4) of this section, the party in whose favor a judgment of a court of record of this state or a district court of this state has been or may be rendered, or the assignee, may have an execution issued for the collection or enforcement of the judgment at any time within ten years from entry of the judgment.

    (2) After July 23, 1989, a party who obtains a judgment or order of a court of record of any state, or an administrative order entered as defined in RCW 74.20A.020(6) for accrued child support, may have an execution issued upon that judgment or order at any time within ten years of the eighteenth birthday of the youngest child named in the order for whom support is ordered or as provided in subsection (4)(b) of this section.

    (3) After June 9, 1994, a party in whose favor a judgment has been rendered pursuant to subsection (1) or (4) of this section may, within ninety days before the expiration of the original ten-year period, apply to the court that rendered the judgment for an order granting an additional ten years during which an execution may be issued.  The petitioner shall pay to the court a filing fee equal to the filing fee for filing the first or initial paper in a civil action in the court.  When application is made to the court to grant an additional ten years, the application shall be accompanied by a current and updated judgment summary as outlined in RCW 4.64.030.  The filing fee required under this subsection shall be included in the judgment summary and shall be a recoverable cost.

    (4)(a) A party who obtains a judgment or order for restitution,  crime victims' assessment, or other court-ordered legal financial obligations pursuant to a criminal judgment and sentence may execute the judgment or order any time within ten years subsequent to the entry of the judgment and sentence or ten years following the offender's release from total confinement as provided in chapter 9.94A RCW.

(b) A party who obtains a judgment or order for restitution for child support of a child born as the result of a rape of a child in the first, second, or third degree may execute the judgment or order any time during the period provided in RCW 4.16.020, 9.94A.140, or 9.94A.142, whichever is longer.

(c) The clerk of superior court may seek extension under subsection (3) of this section for purposes of collection as allowed under RCW 36.18.190.

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