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ENGROSSED
SUBSTITUTE SENATE BILL 5970
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Passed
Legislature - 2001 Regular Session
State
of Washington 57th Legislature 2001 Regular Session
By
READ
FIRST TIME 03/05/01.
Revising provisions for probation orders.
AN
ACT Relating to probation orders; and amending RCW 3.66.067, 3.66.068,
35.20.255, 3.50.320, and 3.50.330.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
3.66.067 and 1984 c 258 s 46 are each amended to read as follows:
After
a conviction, the court may ((defer sentencing)) impose sentence by
suspending all or a portion of the defendant's sentence or by deferring the
sentence of the defendant and may place the defendant on probation for
a period of no longer than two years and prescribe the conditions thereof((,
but in no case shall it extend for more than two years from the date of
conviction)). A defendant who has been sentenced, or whose sentence has
been deferred, and who then fails to appear for any hearing to address the
defendant's compliance with the terms of probation when ordered to do so by the
court, shall have the term of probation tolled until such time as the defendant
makes his or her presence known to the court on the record. During the
time of the deferral, the court may, for good cause shown, permit a defendant
to withdraw the plea of guilty and to enter a plea of not guilty, and the court
may dismiss the charges.
Sec.
2. 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 or defer the execution of all or any part of its sentence upon
stated terms, including installment payment of fines. A defendant who has
been sentenced, or whose sentence has been deferred, and who then fails to
appear for any hearing to address the defendant's compliance with the terms of
probation when ordered to do so by the court, shall have the term of probation
tolled until such time as the defendant makes his or her presence known to the
court on the record. However, the jurisdiction period in this section does
not apply to the enforcement of orders issued under RCW 46.20.720.
Sec.
3. 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 including installment payment of fines, 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. A defendant who has
been sentenced, or whose sentence has been deferred, and who then fails to
appear for any hearing to address the defendant's compliance with the terms of
probation when ordered to do so by the court, shall have the term of probation
tolled until such time as the defendant makes his or her presence known to the
court on the record. However, the jurisdiction period in this section does
not apply to the enforcement of orders issued under RCW 46.20.720. Any time
before entering an order terminating probation, the court may modify or revoke
its order suspending or deferring the imposition or execution of the sentence.
Sec.
4. RCW
3.50.320 and 1984 c 258 s 116 are each amended to read as follows:
After
a conviction, the court may ((defer sentencing)) impose sentence by
suspending all or a portion of the defendant's sentence or by deferring the
sentence of the defendant and may place the defendant on probation for
a period of no longer than two years and prescribe the conditions thereof((,
but in no case shall it extend for more than two years from the date of
conviction)). A defendant who has been sentenced, or whose sentence has
been deferred, and who then fails to appear for any hearing to address the
defendant's compliance with the terms of probation when ordered to do so by the
court, shall have the term of probation tolled until such time as the defendant
makes his or her presence known to the court on the record. During the
time of the deferral, the court may, for good cause shown, permit a defendant
to withdraw the plea of guilty, permit the defendant to enter a plea of not
guilty, and dismiss the charges.
Sec.
5. 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 or defer the execution of all or any part of the sentence
upon stated terms, including installment payment of fines. A defendant who
has been sentenced, or whose sentence has been deferred, and who then fails to
appear for any hearing to address the defendant's compliance with the terms of
probation when ordered to do so by the court, shall have the term of probation
tolled until such time as the defendant makes his or her presence known to the
court on the record. However, the jurisdiction period in this section does
not apply to the enforcement of orders issued under RCW 46.20.720. Any time
before entering an order terminating probation, the court may modify or revoke
its order suspending or deferring the imposition or execution of the sentence.
