FINAL BILL REPORT

HB 1218

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.

Background:

A judge or commissioner may impose sanctions for contempt of court. Contempt of court generally involves disorderly conduct in a judicial proceeding, disobedience of a court order, or unlawful refusal to appear or cooperate as a witness or to produce records or documents.

Sanctions imposed for contempt of court may be either punitive or remedial. Punitive sanctions are imposed to punish a past contempt of court and remedial sanctions are imposed to coerce performance with a court order. A proceeding to impose a punitive sanction must be initiated by the prosecuting or city attorney, and a proceeding for a remedial sanction may be initiated by the court on its own motion or the motion of an aggrieved person. In addition, a judge presiding in an action may immediately and summarily impose either a remedial or punitive sanction for a contempt of court committed in the judge's presence.

A court may impose a monetary penalty, imprisonment, or both, as either a remedial or punitive sanction for contempt of court. The contempt of court statute provides that imprisonment imposed in a proceeding for a punitive sanction, or for contempt committed in the presence of a judge, must be served in the county jail.

Votes on Final Passage:

House	95	0
Senate	48	0