BILL REQ. #:  H-4121.1 

Read first time 01/21/2004.   Referred to Committee on Criminal Justice & Corrections.

     AN ACT Relating to failure to appear after release on recognizance; and amending RCW 9A.76.170.

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

Sec. 1   RCW 9A.76.170 and 2001 c 264 s 3 are each amended to read as follows:
     (1) Any person having been released by court order or admitted to bail with knowledge of the requirement of a subsequent personal appearance before any court of this state, or of the requirement to report to a correctional facility for service of sentence, and who fails to appear or who fails to surrender for service of sentence as required is guilty of bail jumping.
     (2) It is an affirmative defense to a prosecution under this section that uncontrollable circumstances prevented the person from appearing or surrendering, and that the person did not contribute to the creation of such circumstances in reckless disregard of the requirement to appear or surrender, and that the person appeared or surrendered as soon as such circumstances ceased to exist.
     (3) Bail jumping is:
     (a) A class A felony if the person was held for, charged with, or convicted of murder in the first degree;
     (b) A class B felony if the person was held for, charged with, or convicted of a class A felony other than murder in the first degree;
     (c) A class C felony if the person:
     (i) Was held for, charged with, or convicted of a class B or class C felony; and
     (ii) Has one or more prior convictions for an offense under this section;
     (d) A misdemeanor if the person:
     (i) Was held for, charged with, or convicted of a gross misdemeanor or misdemeanor; and
     (ii) Has one or more prior convictions for an offense under this section;
     (e) A class 1 civil infraction if the person:
     (i) Was held for, charged with, or convicted of a class B or class C felony;
     (ii) Has no prior convictions for an offense under this section; and
     (iii) Has surrendered within forty-eight hours to the local sheriff;
     (f) A class 2 civil infraction if the person:
     (i) Was held for, charged with, or convicted of a gross misdemeanor or misdemeanor;
     (ii) Has no prior convictions for an offense under this section; and
     (iii) Has surrendered within forty-eight hours to the local sheriff.