BILL REQ. #:  S-0453.1 

Read first time 01/19/09.   Referred to Committee on Judiciary.

     AN ACT Relating to enforcement of outstanding warrants from courts of limited jurisdiction; amending RCW 35.20.270, 3.62.020, and 3.62.040; and adding a new section to chapter 3.02 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 3.02 RCW to read as follows:
     (1) Where approved by the local legislative body, courts of limited jurisdiction may enter into agreements with one or more licensed bail bond agencies for the purpose of executing bench warrants for an accused's failure to appear or violation of a condition of release when the accused has two or more outstanding warrants. These agreements may specify the scope of work, remuneration for services, and other charges deemed appropriate.
     (2) Upon the release of an accused on bail or on his or her personal recognizance pending trial, a court using licensed bail bond agencies shall advise the accused that his or her failure to appear or violation of the conditions of release may result in a warrant for the accused's arrest, that the warrant may be executed by a bail bond agency, and that the accused will be financially responsible for reimbursement costs to the bail bond agency.
     (3) When a warrant is executed by a licensed bail bond agency, the court shall require the accused to pay the costs of executing the warrant. Costs shall be limited to actual expenses incurred by the licensed bail bond agency in seeking, apprehending, and transporting the accused. Such costs imposed constitute a judgment against the accused and survive a dismissal or acquittal of the underlying action against the accused. The court may assign to the licensed bail bond agency any debt incurred by the accused for the bail bond agency's costs of executing the warrant.

Sec. 2   RCW 35.20.270 and 1992 c 99 s 1 are each amended to read as follows:
     (1) The position of warrant officer is hereby created and shall be maintained by the city within the city police department. The number and qualifications of warrant officers shall be fixed by ordinance, and their compensation shall be paid by the city.
     (2) Warrant officers shall be vested only with the special authority to make arrests authorized by warrants and other arrests as are authorized by ordinance.
     (3) All criminal and civil process issuing out of courts created under this title shall be directed to the chief of police of the city served by the court and/or to the sheriff of the county in which the court is held and/or the warrant officers and be by them executed according to law in any county of this state.
     (4) No process of courts created under this title shall be executed outside the corporate limits of the city served by the court unless the person authorized by the process first contacts the applicable law enforcement agency in whose jurisdiction the process is to be served.
     (5) Upon a defendant being arrested in another city or county the cost of arresting or serving process thereon shall be borne by the court issuing the process including the cost of returning the defendant from any county of the state to the city.
     (6) Warrant officers shall not be entitled to death, disability, or retirement benefits pursuant to chapter 41.26 RCW on the basis of service as a warrant officer as described in this section.
     (7) Nothing in this section precludes a court of limited jurisdiction, upon the approval of the local legislative body, to enter into agreements with licensed bail bond agencies for the purposes of executing bench warrants for an accused's failure to appear or violation of a condition of release as provided for in section 1 of this act.

Sec. 3   RCW 3.62.020 and 2004 c 15 s 4 are each amended to read as follows:
     (1) Except as provided in subsection (4) of this section, all costs, fees, fines, forfeitures and penalties assessed and collected in whole or in part by district courts, except costs, fines, forfeitures and penalties assessed and collected, in whole or in part, because of the violation of city ordinances, shall be remitted by the clerk of the district court to the county treasurer at least monthly, together with a financial statement as required by the state auditor, noting the information necessary for crediting of such funds as required by law.
     (2) Except as provided in RCW 10.99.080, the county treasurer shall remit thirty-two percent of the noninterest money received under subsection (1) of this section except certain costs to the state treasurer. "Certain costs" as used in this subsection, means those costs awarded to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are specifically designated as costs by the court and are awarded for the specific reimbursement of costs incurred by the state or county in the prosecution of the case, including the fees of defense counsel. Money remitted under this subsection to the state treasurer shall be deposited as provided in RCW 43.08.250.
     (3) The balance of the noninterest money received by the county treasurer under subsection (1) of this section shall be deposited in the county current expense fund.
     (4) All money collected for county parking infractions shall be remitted by the clerk of the district court at least monthly, with the information required under subsection (1) of this section, to the county treasurer for deposit in the county current expense fund. If the court uses licensed bail bond agencies to execute warrants, as provided for in section 1 of this act, all money collected for the reimbursement of bail bond agency expenses shall be remitted by the clerk to the bail bond agency that incurred such expenses.
     (5) Penalties, fines, bail forfeitures, fees, and costs may accrue interest at the rate of twelve percent per annum, upon assignment to a collection agency. Interest may accrue only while the case is in collection status.
     (6) Interest retained by the court on penalties, fines, bail forfeitures, fees, and costs shall be split twenty-five percent to the state treasurer for deposit in the public safety and education account as provided in RCW 43.08.250, twenty-five percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020, twenty-five percent to the county current expense fund, and twenty-five percent to the county current expense fund to fund local courts.

Sec. 4   RCW 3.62.040 and 2004 c 15 s 8 are each amended to read as follows:
     (1) Except as provided in subsection (4) of this section, all costs, fines, forfeitures and penalties assessed and collected, in whole or in part, by district courts because of violations of city ordinances shall be remitted by the clerk of the district court at least monthly directly to the treasurer of the city wherein the violation occurred.
     (2) Except as provided in RCW 10.99.080, the city treasurer shall remit monthly thirty-two percent of the noninterest money received under this section, other than for parking infractions and certain costs, to the state treasurer. "Certain costs" as used in this subsection, means those costs awarded to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are specifically designated as costs by the court and are awarded for the specific reimbursement of costs incurred by the state, county, city, or town in the prosecution of the case, including the fees of defense counsel. Money remitted under this subsection to the state treasurer shall be deposited as provided in RCW 43.08.250.
     (3) The balance of the noninterest money received under this section shall be retained by the city and deposited as provided by law.
     (4) All money collected for city parking infractions shall be remitted by the clerk of the district court at least monthly to the city treasurer for deposit in the city's general fund. If the court uses licensed bail bond agencies to execute warrants, as provided for in section 1 of this act, all money collected for the reimbursement of bail bond agency expenses shall be remitted by the clerk to the bail bond agency that incurred such expenses.
     (5) Penalties, fines, bail forfeitures, fees, and costs may accrue interest at the rate of twelve percent per annum, upon assignment to a collection agency. Interest may accrue only while the case is in collection status.
     (6) Interest retained by the court on penalties, fines, bail forfeitures, fees, and costs shall be split twenty-five percent to the state treasurer for deposit in the public safety and education account as provided in RCW 43.08.250, twenty-five percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020, twenty-five percent to the city general fund, and twenty-five percent to the city general fund to fund local courts.