| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Public Safety & Emergency Preparedness Committee | |
SSB 6527
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
Brief Description: Addressing the failure to transfer motor vehicle title and registration.
Sponsors: Senate Committee on Judiciary (originally sponsored by Senators Kastama and Kline).
Brief Summary of Substitute Bill |
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Hearing Date: 2/25/08
Staff: Yvonne Walker (786-7841).
Background:
A person who purchases a motor vehicle must apply to transfer vehicle ownership and license
registration within 15 days following delivery of the vehicle. If the person does not do so, he or
she will be assessed $25 for the 16-day, and $2 each day thereafter, not to exceed $100. Failure
to apply for a transfer of ownership and license registration within 45 days after delivery of the
vehicle is a misdemeanor.
In the 2004 case, State v. Green, the Washington Supreme Court considered a situation in which
police stopped the defendant for failing to apply for a transfer in vehicle ownership within 45
days. During the stop, the police arrested the defendant for this failure. During a search incident
to arrest, the police found a small quantity of cocaine in the defendant's purse. The defendant
moved to suppress the evidence of drug possession, claiming that the police could not arrest her
for a misdemeanor that she did not commit in their presence. The court agreed, reasoning that
the defendant's misdemeanor failure to apply for a transfer of ownership within 45 days of
vehicle delivery was complete in 45 days, and was therefore not a continuing offense that
occurred in the officers' presence, since the 45 days had already elapsed by the time of the stop.
Washington law generally requires that a misdemeanor occur within an officer's presence for an
officer to make a warrantless arrest, and to make a search incident to that arrest. The court
therefore granted the defendant's motion to suppress the evidence.
Summary of Bill:
The act of "knowingly" failing or neglecting to apply for a transfer of ownership and license
registration within 45 days after the vehicle's delivery date is a misdemeanor offense. It is a
continuing offense for each day thereafter in which the purchaser or transferee does not make
application to transfer the certificate of ownership and license registration. It is clarified that
despite the continuing nature of the offense, it is considered a single offense regardless of the
number of days that have elapsed following the 45-day time period.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.