BILL REQ. #:  H-3381.1 

Read first time 01/23/14.   Referred to Committee on Judiciary.

     AN ACT Relating to civil infractions involving deeds of trust; amending RCW 7.80.120; and adding a new section to chapter 61.24 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 61.24 RCW to read as follows:
     Except as otherwise specified, any violation of this chapter or rules adopted under this chapter is a class 1 civil infraction. The department has the authority to issue and enforce civil infractions according to chapter 7.80 RCW.

Sec. 2   RCW 7.80.120 and 2013 c 278 s 3 are each amended to read as follows:
     (1) A person found to have committed a civil infraction shall be assessed a monetary penalty.
     (a) The maximum penalty and the default amount for a class 1 civil infraction shall be two hundred fifty dollars, not including statutory assessments, except for an infraction of state law involving (i) potentially dangerous litter as specified in RCW 70.93.060(4) ((or)), violent video or computer games under RCW 9.91.180, or violations under section 1 of this act, in which case the maximum penalty and default amount is five hundred dollars; or (ii) a person's refusal to submit to a test or tests pursuant to RCW 79A.60.040 and 79A.60.700, in which case the maximum penalty and default amount is one thousand dollars;
     (b) The maximum penalty and the default amount for a class 2 civil infraction shall be one hundred twenty-five dollars, not including statutory assessments;
     (c) The maximum penalty and the default amount for a class 3 civil infraction shall be fifty dollars, not including statutory assessments; and
     (d) The maximum penalty and the default amount for a class 4 civil infraction shall be twenty-five dollars, not including statutory assessments.
     (2) The supreme court shall prescribe by rule the conditions under which local courts may exercise discretion in assessing fines for civil infractions.
     (3) Whenever a monetary penalty is imposed by a court under this chapter it is immediately payable. If the person is unable to pay at that time the court may grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment, the court may proceed to collect the penalty in the same manner as other civil judgments and may notify the prosecuting authority of the failure to pay.
     (4) The court may also order a person found to have committed a civil infraction to make restitution.