BILL REQ. #:  H-0489.1 

Read first time 01/20/2005.   Referred to Committee on Criminal Justice & Corrections.

     AN ACT Relating to decriminalizing "fine only" criminal statutes; amending RCW 7.48.250, 66.20.340, and 88.02.110; and prescribing penalties.

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

Sec. 1   RCW 7.48.250 and 1987 c 202 s 136 are each amended to read as follows:
     Whoever is ((convicted)) found to have committed the infraction of erecting, causing, or contriving a public or common nuisance as described in this chapter, or at common law, when the same has not been modified or repealed by statute, where no other punishment therefor is specially provided, shall be punished by a ((fine)) monetary penalty not exceeding one thousand dollars((,)) and the court, with or without such ((fine)) monetary penalty, may order such nuisance to be abated, and issue a warrant as hereinafter provided: PROVIDED, That orders and warrants of abatement shall not be issued by district judges.

Sec. 2   RCW 66.20.340 and 1995 c 51 s 6 are each amended to read as follows:
     (1) A violation of any of the rules of the board adopted to implement RCW 66.20.300 through 66.20.350 is ((a misdemeanor)) an infraction, punishable by a ((fine)) monetary penalty of not more than two hundred fifty dollars for a first offense.
     (2) A subsequent offense is a misdemeanor punishable by a fine of not more than five hundred dollars, or imprisonment for not more than ninety days, or both the fine and imprisonment.

Sec. 3   RCW 88.02.110 and 1993 c 244 s 4 are each amended to read as follows:
     (1) Except as otherwise provided in this chapter, a violation of this chapter and the rules adopted by the department pursuant to these statutes is ((a misdemeanor)) an infraction punishable only by a ((fine)) monetary penalty not to exceed one hundred dollars per vessel for the first violation. Subsequent violations in the same year are subject to the following ((fines)) monetary penalties:
     (a) For the second violation, a ((fine)) monetary penalty of two hundred dollars per vessel;
     (b) For the third and successive violations, a ((fine)) monetary penalty of four hundred dollars per vessel.
     (2) After subtraction of court costs and administrative collection fees, moneys collected under this section shall be credited to the current expense fund of the ((arresting)) jurisdiction issuing the notice of infraction.
     (3) All law enforcement officers shall have the authority to enforce this chapter, and the rules adopted by the department pursuant to these statutes within their respective jurisdictions: PROVIDED, That a city, town, or county may contract with a fire protection district for such enforcement and fire protection districts are authorized to engage in such activities.