H-344                _______________________________________________

                                                     HOUSE BILL NO. 30

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Locke, Scott, Tilly, Belcher, Miller, Patrick, K. Wilson, Lundquist,Van Luven, Haugen, Wang and Todd

Read first time 1/16/85 and referred to Committee on Judiciary.

AN ACT Relating to deferred prosecution; and amending RCW 10.05.010 and 10.05.060.

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

        Sec. 1.  Section 1, chapter 244, Laws of 1975 1st ex. sess. as amended by section 26, chapter 47, Laws of 1982 1st ex. sess. and RCW 10.05.010 are each amended to read as follows:

          Upon arraignment in a court of limited jurisdiction a person charged with a misdemeanor or gross misdemeanor may petition the court to be considered for a deferred prosecution program.  A person charged with a traffic infraction, misdemeanor, or gross misdemeanor under Title 46 RCW ((shall)) is not ((be)) eligible for a deferred prosecution program ((unless the court makes specific findings pursuant to RCW 10.05.020.  Such person shall not be eligible for a deferred prosecution program more than once in any five-year period)).

        Sec. 2.  Section 6, chapter 244, Laws of 1975 1st ex. sess. as amended by section 4, chapter 158, Laws of 1979 and RCW 10.05.060 are each amended to read as follows:

          If the report recommends treatment, the court shall examine the treatment plan.  If it approves the plan and the defendant agrees to comply with its terms and conditions and agrees to pay the cost thereof or arrange for the treatment, an entry shall be made upon the person's court docket showing that the person has been accepted for deferred prosecution.  A copy of the treatment plan shall be attached to the docket, which shall then be removed from the regular court dockets and filed in a special court deferred prosecution file.  ((If the charge be one that an abstract is required to be sent to the department of licensing, an abstract of the docket showing the charge and the date of defendant's acceptance for deferred prosecution shall be sent to the department of licensing, which shall make an entry of the charge and of the defendant's acceptance for deferred prosecution on the department's driving record of the defendant.))