BILL REQ. #: H-1700.1
| State of Washington | 63rd Legislature | 2013 Regular Session |
READ FIRST TIME 02/22/13.
AN ACT Relating to modifying provisions in the forms for traffic infraction notices; and amending RCW 46.63.060.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 46.63.060 and 2011 c 233 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 ((license))
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 ((will)) 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 ((will)) 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 ((license)) 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, must include a statement that the person may be able to enter
into a payment plan with the court under RCW 46.63.110.
(b) The changes required by this act must be included on any newly
purchased traffic infraction notice forms.