SENATE BILL REPORT

SB 5934

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.

As of February 20, 2009

Title: An act relating to conveyances used in prostitution-related offenses.

Brief Description: Concerning conveyances used in prostitution-related offenses.

Sponsors: Senators Kohl-Welles, Keiser, Kline, Kauffman, McCaslin and Shin.

Committee Activity: Judiciary: 2/20/09.

SENATE COMMITTEE ON JUDICIARY

Staff: Brandon Roché (786-7405)

Background: The Legislature established the Prostitution Prevention and Intervention Program in 1995 to provide programs to help people leave or avoid prostitution. The programs are funded by fees paid by those convicted of, or given deferred prosecutions for, violating prostitution-related laws. Although the fund was created in 1995, the first programs were not funded until 2008 due to the slow accumulation of funds in the account.

Prostitution-related offenses include prostitution, promoting or patronizing prostitution, and commercial sexual abuse of a minor.

Summary of Bill: The bill as referred to committee not considered.

Summary of Bill (Proposed Substitute): A vehicle used in a prostitution-related offense may be impounded by an arresting law enforcement officer if the person arrested is the owner of the vehicle and has been previously convicted of a prostitution-related offense. Furthermore, communities may designate certain areas where vehicles are subject to impoundment for prostitution-related offenses regardless of whether the owner of the vehicle has a previous conviction for such an offense.

In addition to the applicable impoundment, towing, and storage fees, the owner of the impounded vehicle must pay a $500 fine before the vehicle is released from impoundment. The $500 fine is to be deposited in the Prostitution Prevention and Intervention Account.

If the owner of the vehicle substantially prevails in any proceeding to contest the validity of the impoundment, the owner is entitled to a full refund of all fees and fines paid. The refund is to be paid by the impounding agency.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

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