| Passed by the House February 27, 2009 Yeas 94 ________________________________________ Speaker of the House of Representatives Passed by the Senate April 7, 2009 Yeas 47 ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1257 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 61st Legislature | 2009 Regular Session |
Read first time 01/16/09. Referred to Committee on Judiciary.
AN ACT Relating to deferred prosecution files; and amending RCW 10.05.060.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 10.05.060 and 1994 c 275 s 17 are each amended to read
as follows:
If the report recommends treatment, the court shall examine the
treatment plan. If it approves the plan and the petitioner agrees to
comply with its terms and conditions and agrees to pay the cost
thereof, if able to do so, or arrange for the treatment, an entry shall
be made upon the person's court docket showing that the person has been
accepted for deferred prosecution. A copy of the treatment plan shall
be ((attached to the docket, which shall then be removed from the
regular court dockets and filed in a special court deferred prosecution
file)) filed with the court. If the charge be one that an abstract of
the docket showing the charge, the date of the violation for which the
charge was made, and the date of petitioner's acceptance is required to
be sent to the department of licensing, an abstract shall be sent, and
the department of licensing shall make an entry of the charge and of
the petitioner's acceptance for deferred prosecution on the
department's driving record of the petitioner. The entry is not a
conviction for purposes of Title 46 RCW. Upon receipt of the abstract
of the docket, the department shall issue the petitioner a probationary
license in accordance with RCW 46.20.355, and the petitioner's driver's
license shall be on probationary status for five years from the date of
the violation that gave rise to the charge. The department shall
maintain the record for ten years from date of entry of the order
granting deferred prosecution.