State of Washington | 62nd Legislature | 2012 Regular Session |
READ FIRST TIME 01/31/12.
AN ACT Relating to the reduction of the commercial sale of sex; amending RCW 9A.88.120, 9A.88.130, 3.50.100, 3.62.020, 3.62.040, 10.82.070, and 35.20.220; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 9A.88.120 and 2007 c 368 s 12 are each amended to read
as follows:
(1)(a) In addition to penalties set forth in RCW 9A.88.010,
9A.88.030, and 9A.88.090, a person who is either convicted or given a
deferred sentence or a deferred prosecution or who has entered into a
statutory or nonstatutory diversion agreement as a result of an arrest
for violating RCW 9A.88.010, 9A.88.030, 9A.88.090, or comparable county
or municipal ordinances shall be assessed a fifty dollar fee.
(b)(i) In addition to penalties set forth in RCW 9A.88.110, a
person who is either convicted or given a deferred sentence or a
deferred prosecution or who has entered into a statutory or
nonstatutory diversion agreement as a result of an arrest for violating
RCW 9A.88.110 or a comparable county or municipal ordinance shall be
assessed a ((one hundred fifty dollar)) fee in the amount of:
(A) One thousand five hundred dollars for the first offense;
(B) Two thousand five hundred dollars for the second offense; and
(C) Five thousand dollars for the third and each subsequent
offense.
(ii) Fees assessed under this subsection (1)(b) shall not be
reduced, waived, or suspended.
(iii) Fees assessed under this subsection (1)(b) shall be collected
by the clerk of court and be remitted to the treasurer of the county
where the offense occurred for deposit in the county general fund,
except in cases in which the offense occurred in a city or town that
provides for its own law enforcement, in which case these amounts shall
be remitted to the treasurer of the city or town for deposit in the
general fund of the city or town. Revenue from the fees must be used
for local efforts to reduce the commercial sale of sex including, but
not limited to, increased enforcement of commercial sex laws.
(A) At least fifty percent of the revenue from fees imposed under
this subsection (1)(b) must be spent on prevention, including education
programs for offenders, such as john school, and rehabilitative
services, such as mental health and substance abuse counseling,
parenting skills training, housing relief, education, vocational
training, drop-in centers, and employment counseling.
(B) Revenues from these fees are not subject to the distribution
requirements under RCW 3.50.100, 3.62.020, 3.62.040, 10.82.070, or
35.20.220.
(c) In addition to penalties set forth in RCW 9A.88.070 and
9A.88.080, a person who is either convicted or given a deferred
sentence or a deferred prosecution or who has entered into a statutory
or nonstatutory diversion agreement as a result of an arrest for
violating RCW 9A.88.070, 9A.88.080, or comparable county or municipal
ordinances shall be assessed a three hundred dollar fee.
(2) The court may not suspend payment of all or part of the fee
unless it finds that the person does not have the ability to pay.
(3) When a minor has been adjudicated a juvenile offender or has
entered into a statutory or nonstatutory diversion agreement for an
offense which, if committed by an adult, would constitute a violation
under this chapter or comparable county or municipal ordinances, the
court shall assess the fee as specified under subsection (1) of this
section. The court may not suspend payment of all or part of the fee
unless it finds that the minor does not have the ability to pay the
fee.
(4) Any fee assessed under this section shall be collected by the
clerk of the court and distributed each month to the state treasurer
for deposit in the prostitution prevention and intervention account
under RCW 43.63A.740 for the purpose of funding prostitution prevention
and intervention activities.
(5) For the purposes of this section:
(a) "Statutory or nonstatutory diversion agreement" means an
agreement under RCW 13.40.080 or any written agreement between a person
accused of an offense listed in subsection (1) of this section and a
court, county, or city prosecutor, or designee thereof, whereby the
person agrees to fulfill certain conditions in lieu of prosecution.
(b) "Deferred sentence" means a sentence that will not be carried
out if the defendant meets certain requirements, such as complying with
the conditions of probation.
Sec. 2 RCW 9A.88.130 and 1999 c 327 s 2 are each amended to read
as follows:
(1) When sentencing or imposing conditions on a person convicted
of, or receiving a deferred sentence or deferred prosecution for,
violating RCW 9A.88.110 or 9.68A.100, the court must impose a
requirement that the offender:
(a) Not be subsequently arrested for patronizing a prostitute or
((patronizing a juvenile prostitute)) commercial sexual abuse of a
minor; ((and))
(b) Remain outside the geographical area, prescribed by the court,
in which the person was arrested for violating RCW 9A.88.110 or
9.68A.100, unless such a requirement would interfere with the person's
legitimate employment or residence or otherwise be infeasible; and
(c) Fulfill the terms of a program, if a first-time offender,
designated by the sentencing court, designed to educate offenders about
the negative costs of prostitution.
(2) This requirement is in addition to the penalties set forth in
RCW 9A.88.110, 9A.88.120, and 9.68A.100.
Sec. 3 RCW 3.50.100 and 2009 c 479 s 3 are each amended to read
as follows:
(1) Costs in civil and criminal actions may be imposed as provided
in district court. All fees, costs, fines, forfeitures and other money
imposed by any municipal court for the violation of any municipal or
town ordinances shall be collected by the court clerk and, together
with any other noninterest revenues received by the clerk, shall be
deposited with the city or town treasurer as a part of the general fund
of the city or town, or deposited in such other fund of the city or
town, or deposited in such other funds as may be designated by the laws
of the state of Washington.
(2) Except as provided in RCW 9A.88.120 and 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 in the state general fund.
(3) The balance of the noninterest money received under this
section shall be retained by the city and deposited as provided by law.
(4) 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.
(5) 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 state general fund, 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.
Sec. 4 RCW 3.62.020 and 2011 1st sp.s. c 44 s 1 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 9A.88.120, 10.99.080, and this
section, 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. With
the exception of funds to be transferred to the judicial stabilization
trust account under RCW 3.62.060(2), money remitted under this
subsection to the state treasurer shall be deposited in the state
general fund.
(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. Funds deposited under this subsection
that are attributable to the county's portion of a surcharge imposed
under RCW 3.62.060(2) must be used to support local trial court and
court-related functions.
(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.
(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 state general fund, 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. 5 RCW 3.62.040 and 2009 c 479 s 6 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 9A.88.120 and 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 in the state general fund.
(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.
(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 state general fund, 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.
Sec. 6 RCW 10.82.070 and 2009 c 479 s 13 are each amended to read
as follows:
(1) All sums of money derived from costs, fines, penalties, and
forfeitures imposed or collected, in whole or in part, by a superior
court for violation of orders of injunction, mandamus and other like
writs, for contempt of court, or for breach of the penal laws shall be
paid in cash by the person collecting the same, within twenty days
after the collection, to the county treasurer of the county in which
the same have accrued.
(2) Except as provided in RCW 9A.88.120 and 10.99.080, the county
treasurer shall remit monthly thirty-two percent of the money received
under this section except for certain costs to the state treasurer for
deposit in the state general fund and shall deposit the remainder as
provided by law. "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. Costs
or assessments awarded to dedicated accounts, state or local, are not
subject to this state allocation or to RCW 7.68.035.
(3) All fees, fines, forfeitures and penalties collected or
assessed by a district court because of the violation of a state law
shall be remitted as provided in chapter 3.62 RCW as now exists or is
later amended. All fees, fines, forfeitures, and penalties collected
or assessed by a superior court in cases on appeal from a lower court
shall be remitted to the municipal or district court from which the
cases were appealed.
Sec. 7 RCW 35.20.220 and 2009 c 479 s 19 are each amended to read
as follows:
(1) The chief clerk, under the supervision and direction of the
court administrator of the municipal court, shall have the custody and
care of the books, papers and records of the court. The chief clerk or
a deputy shall be present during the session of the court and has the
power to swear all witnesses and jurors, administer oaths and
affidavits, and take acknowledgments. The chief clerk shall keep the
records of the court and shall issue all process under his or her hand
and the seal of the court. The chief clerk shall do and perform all
things and have the same powers pertaining to the office as the clerks
of the superior courts have in their office. He or she shall receive
all fines, penalties, and fees of every kind and keep a full, accurate,
and detailed account of the same. The chief clerk shall on each day
pay into the city treasury all money received for the city during the
day previous, with a detailed account of the same, and taking the
treasurer's receipt therefor.
(2) Except as provided in RCW 9A.88.120 and 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 in the state general fund.
(3) The balance of the noninterest money received under this
section shall be retained by the city and deposited as provided by law.
(4) 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.
(5) 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 state general fund, 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.