AN
ACT Relating to funding for local government criminal justice; amending RCW
3.62.090, 46.63.110, and 43.08.250; adding a new section to chapter 46.64 RCW;
and prescribing penalties.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
3.62.090 and 1997 c 331 s 4 are each amended to read as follows:
(1)
There shall be assessed and collected in addition to any fines, forfeitures, or
penalties assessed, other than for parking infractions, by all courts organized
under Title 3 or 35 RCW a public safety and education assessment equal to sixty
percent of such fines, forfeitures, or penalties, which shall be remitted as
provided in chapters 3.46, 3.50, 3.62, and 35.20 RCW. The assessment required
by this section shall not be suspended or waived by the court.
(2)
There shall be assessed and collected in addition to any fines, forfeitures, or
penalties assessed, other than for parking infractions and for fines levied
under RCW 46.61.5055, and in addition to the public safety and education
assessment required under subsection (1) of this section, by all courts
organized under Title 3 or 35 RCW, an additional public safety and education
assessment equal to fifty percent of the public safety and education assessment
required under subsection (1) of this section, which shall be remitted to the
state treasurer and deposited as provided in RCW 43.08.250. The additional
assessment required by this subsection shall not be suspended or waived by the
court.
(3)
This section does not apply to the fee imposed under RCW ((43.63.110(6)))
46.63.110(6) or the penalty imposed under RCW 46.63.110(7).
Sec.
2. RCW
46.63.110 and 1997 c 331 s 3 are each amended to read as follows:
(1)
A person found to have committed a traffic infraction shall be assessed a
monetary penalty. No penalty may exceed two hundred and fifty dollars for each
offense unless authorized by this chapter or title.
(2)
The supreme court shall prescribe by rule a schedule of monetary penalties for
designated traffic infractions. This rule shall also specify the conditions
under which local courts may exercise discretion in assessing fines and
penalties for traffic infractions. The legislature respectfully requests the
supreme court to adjust this schedule every two years for inflation.
(3)
There shall be a penalty of twenty-five dollars for failure to respond to a
notice of traffic infraction except where the infraction relates to parking as
defined by local law, ordinance, regulation, or resolution or failure to pay a
monetary penalty imposed pursuant to this chapter. A local legislative body
may set a monetary penalty not to exceed twenty-five dollars for failure to
respond to a notice of traffic infraction relating to parking as defined by
local law, ordinance, regulation, or resolution. The local court, whether a
municipal, police, or district court, shall impose the monetary penalty set by
the local legislative body.
(4)
Monetary penalties provided for in chapter 46.70 RCW which are civil in nature
and penalties which may be assessed for violations of chapter 46.44 RCW
relating to size, weight, and load of motor vehicles are not subject to the
limitation on the amount of monetary penalties which may be imposed pursuant to
this chapter.
(5)
Whenever a monetary penalty is imposed by a court under this chapter it is
immediately payable. If the person is unable to pay at that time the court
may, in its discretion, grant an extension of the period in which the penalty
may be paid. If the penalty is not paid on or before the time established for
payment the court shall notify the department of the failure to pay the
penalty, and the department shall suspend the person's driver's license or
driving privilege until the penalty has been paid and the penalty provided in
subsection (3) of this section has been paid.
(6)
In addition to any other penalties imposed under this section and not subject
to the limitation of subsection (1) of this section, a person found to have
committed a traffic infraction shall be assessed a fee of five dollars per
infraction. Under no circumstances shall this fee be reduced or waived.
Revenue from this fee shall be forwarded to the state treasurer for deposit in
the emergency medical services and trauma care system trust account under RCW
70.168.040.
(7)(a)
In addition to any other penalties imposed under this section and not subject
to the limitation of subsection (1) of this section, a person found to have
committed a traffic infraction other than of RCW 46.61.527 shall be assessed an
additional penalty of ten dollars. The court may not reduce, waive, or suspend
the additional penalty unless the court finds the offender to be indigent. If
a community service program for offenders is available in the jurisdiction, the
court shall allow offenders to offset all or a part of the penalty due under
this subsection (7) by participation in the community service program.
(b)
Revenue from the additional penalty must be remitted under chapters 2.08, 3.46,
3.50, 3.62, 10.82, and 35.20 RCW. Money remitted under this subsection to the
state treasurer must be deposited as provided in RCW 43.08.250. The balance of
the revenue received by the county or city treasurer under this subsection must
be deposited into the county or city current expense fund. Moneys retained by
the city or county under this subsection shall constitute reimbursement for any
liabilities under RCW 43.135.060.
NEW
SECTION. Sec. 3. A
new section is added to chapter 46.64 RCW to read as follows:
(1)
In addition to any other penalties imposed for conviction of a violation of
this title that is a misdemeanor, gross misdemeanor, or felony, the court shall
impose an additional penalty of fifty dollars. The court may not reduce,
waive, or suspend the additional penalty unless the court finds the offender to
be indigent. If a community service program for offenders is available in the
jurisdiction, the court shall allow offenders to offset all or a part of the
penalty due under this section by participation in the community service
program.
(2)
Revenue from the additional penalty must be remitted under chapters 2.08, 3.46,
3.50, 3.62, 10.82, and 35.20 RCW. Money remitted under this section to the
state treasurer must be deposited as provided in RCW 43.08.250. The balance of
the revenue received by the county or city treasurer under this section must be
deposited into the county or city current expense fund. Moneys retained by the
city or county under this subsection shall constitute reimbursement for any
liabilities under RCW 43.135.060.
Sec.
4. RCW
43.08.250 and 2000 2nd sp.s. c 1 s 911 are each amended to read as follows:
The money received by the state treasurer from fees, fines, forfeitures,
penalties, reimbursements or assessments by any court organized under Title 3
or 35 RCW, or chapter 2.08 RCW, shall be deposited in the public safety and
education account which is hereby created in the state treasury. The
legislature shall appropriate the funds in the account to promote traffic
safety education, highway safety, criminal justice training, crime victims'
compensation, judicial education, the judicial information system, civil
representation of indigent persons, winter recreation parking, drug court
operations, and state game programs. During the fiscal biennium ending
June 30, 2001, the legislature may appropriate moneys from the public safety
and education account for purposes of appellate indigent defense and other
operations of the office of public defense, the criminal litigation unit of the
attorney general's office, the treatment alternatives to street crimes program,
crime victims advocacy programs, justice information network telecommunication
planning, sexual assault treatment, operations of the office of administrator
for the courts, security in the common schools, alternative school start-up
grants, programs for disruptive students, criminal justice data collection,
Washington state patrol criminal justice activities, drug court operations,
department of ecology methamphetamine-related activities, financial assistance
to local jurisdictions for extraordinary costs incurred in the adjudication of
criminal cases, domestic violence treatment and related services, the department
of corrections' costs in implementing chapter 196, Laws of 1999, reimbursement
of local governments for costs associated with implementing criminal and civil
justice legislation, and the replacement of the department of corrections'
offender-based tracking system.
