1601-S AMH GOOD KOST 375

                

SHB 1601 - H AMD 632

By Representative Goodman

 

    On page 2, beginning on line 6, after "Sec. 3." strike the remainder of the section and insert the following:

    "RCW 46.63.060 and 2013 c 170 s 1 are each amended to read as follows:

    (1) A notice of traffic infraction represents a determination that an infraction has been committed.  The determination will be final unless contested as provided in this chapter.

    (2) The form for the notice of traffic infraction shall be prescribed by rule of the supreme court and shall include the following:

    (a) A statement that the notice represents a deter­mination that a traffic infraction has been committed by the person named in the notice and that the determina­tion shall be final unless contested as provided in this chapter;

    (b) A statement that a traffic infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction; that the penalty for a traffic infraction may include sanctions against the person's driver's license including suspension, revocation, or denial; that the penalty for a traffic infraction related to standing, stopping, or parking may include nonrenewal of the vehicle registration;

    (c) A statement of the specific traffic infraction for which the notice was issued;

    (d) A statement of the monetary penalty established for the traffic infraction;

    (e) A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options;

    (f) A statement that at any hearing to contest the determination the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed; and that the person may subpoena witnesses including the officer who issued the notice of infrac­tion;

    (g) A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the infraction the person will be deemed to have committed the infraction and may not subpoena witnesses;

    (h) A statement that the person must respond to the notice as provided in this chapter within fifteen days or the person's driver's license or driving privilege may be suspended by the department until any penalties imposed pursuant to this chapter have been satisfied; and

    (i) A statement that failure to appear at a hearing requested for the purpose of contesting the determina­tion or for the purpose of explaining mitigating circumstances may result in the suspension of the person's driver's license or driving privilege, or in the case of a standing, stopping, or parking violation, refusal of the department to renew the vehicle registration, until any penalties imposed pursuant to this chapter have been satisfied.

    (3)(a) A form for a notice of traffic infraction printed after ((July 22, 2011)) June 1, 2014, must include a statement that the person ((may)) shall be able to ((enter)) request entry into a payment plan or community restitution plan with the court under RCW 7.80.130 or 46.63.110.

    (b) The forms for a notice of traffic infraction must include the changes in section 1, chapter 170, Laws of 2013 by July 1, 2015."

 

    On page 8, line 2, after "June 1," strike "2013" and insert "2014"

 

 

    EFFECT:   Updates the effective date of the bill and makes technical changes to reflect changes to the underlying code sections since the bill was drafted.

 

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