3076-S2 AMS BRAN GORR 573

2SHB 3076 - S AMD TO WM S5234.1 253

By Senators Brandland and Hargrove

ADOPTED 3/03/2010

    On page 2, line 27, after "purposes of", insert "sections one through four"

    On page2, line 29, after "act," strike "this act is" and insert "sections one through four of this act are"

    On page 2, after line 26, insert the following:

"NEW SECTION.  Sec. 5.  A new section is added to chapter 9.94A RCW to read as follows:

    (1) Before imposing any legal financial obligations upon a defendant who suffers from a mental health condition, other than restitution or the victim penalty assessment under RCW 7.68.035, a judge must first determine that the defendant, under the terms of this section, has the means to pay such additional sums.

    (2) For the purposes of this section, a defendant suffers from a mental health condition when the defendant has been diagnosed with a mental disorder that prevents the defendant from participating in gainful employment, as evidenced by a determination of mental disability as the basis for the defendant's enrollment in a public assistance program, a record of involuntary hospitalization, or by competent expert evaluation."

    Renumber the sections consecutively and correct any internal references accordingly.

2SHB 3076 - S AMD TO WM S5234.1 253

By Senators Brandland and Hargrove

ADOPTED 3/03/2010

    On page 3, line 2 of the title amendment, after "chapter", insert "9.94 RCW and chapter"

EFFECT: Waiver of the victim penalty assessment and restitution is disallowed for a defendant who suffers from a mental health condition.  Before any other legal financial obligations may be imposed, the court must determine whether the defendant has the ability to pay.  

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