BILL REQ. #:  S-3317.1 

Read first time 01/20/2004.   Referred to Committee on Judiciary.

     AN ACT Relating to the notice of traffic infraction form; and amending RCW 46.63.060.

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

Sec. 1   RCW 46.63.060 and 1993 c 501 s 9 are each amended to read as follows:
     (1) A notice of traffic infraction represents a determination that an infraction has been committed. The determination will be final unless contested as provided in this chapter.
     (2) The form for the notice of traffic infraction shall be prescribed by rule of the supreme court and shall include the following:
     (a) A statement that the notice represents a determination that a traffic infraction has been committed by the person named in the notice and that the determination shall be final unless contested as provided in this chapter;
     (b) A statement that a traffic infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction; that the penalty for a traffic infraction may include sanctions against the person's driver's license including suspension, revocation, or denial; that the penalty for a traffic infraction related to standing, stopping, or parking may include nonrenewal of the vehicle license;
     (c) A statement of the specific traffic infraction for which the notice was issued;
     (d) A statement of the monetary penalty established for the traffic infraction, additional mandatory penalties or fees, possible court costs if a hearing for the purpose of contesting the determination is held, and possible costs assessed if the court agrees to defer findings;
     (e) A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options;
     (f) A statement of the procedure and circumstances in which the court may grant a request for deferred findings and the consequences of the deferral;
     (g) A statement that at any hearing to contest the determination the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed; and that the person may subpoena witnesses including the officer who issued the notice of infraction;
     (((g))) (h) A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the infraction the person will be deemed to have committed the infraction and may not subpoena witnesses;
     (((h))) (i) A statement that the person must respond to the notice as provided in this chapter within fifteen days or the person's driver's license or driving privilege will be suspended by the department until any penalties imposed pursuant to this chapter have been satisfied;
     (((i))) (j) A statement that failure to appear at a hearing requested for the purpose of contesting the determination or for the purpose of explaining mitigating circumstances will result in the suspension of the person's driver's license or driving privilege, or in the case of a standing, stopping, or parking violation, refusal of the department to renew the vehicle license, until any penalties imposed pursuant to this chapter have been satisfied;
     (((j))) (k) A statement, which the person shall sign, that the person promises to respond to the notice of infraction in one of the ways provided in this chapter.