SENATE BILL REPORT

HB 1218

As of March 18, 2009

Title: An act relating to imprisonment for contempt of court cases.

Brief Description: Changing the requirement that contempt of court sanctions be served in the county jail.

Sponsors: Representatives Goodman, Klippert, O'Brien, Ross, Simpson and Williams.

Brief History: Passed House: 2/23/09, 95-0.

Committee Activity: Judiciary: 3/20/09.

Staff: Lidia Mori (786-7755)

Background: A judge or court commissioner may impose sanctions for contempt of court. The sanctions may be either punitive or remedial.

Punitive sanctions are imposed to punish a past contempt of court. A prosecuting or city attorney, on the attorney's own initiative or at the request of an aggrieved person or judge, must file an action to impose a punitive sanction. After a hearing, the court may impose a punitive sanction of either a fine of up to $5,000 or imprisonment in the county jail for not more than one year, or both.

Remedial sanctions are imposed to coerce performance with a court order. A court may initiate a proceeding to impose a remedial sanction on its own motion or on the motion of an aggrieved person. Remedial sanctions include imprisonment, a forfeiture not to exceed $2,000 for each day the contempt continues, or other orders to ensure compliance.

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 in order to preserve the dignity and order of the court. Punitive sanctions that may be imposed under these circumstances include a fine of up to $500 or imprisonment in the county jail for up to 30 days, or both.

Summary of Bill: The contempt of court statute is revised to allow detention imposed for contempt of court to be served in any jail, not just in the county jail.

Appropriation: None.

Fiscal Note: Available.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.