HOUSE BILL REPORT

SSB 5061

As Amended by the House

BYSenate Committee on Judiciary (originally sponsored by Senators Halsan, Newhouse, Talmadge, Smitherman and Garrett; by request of Washington State Patrol)

Establishing failure to comply with traffic laws as a gross misdemeanor.

House Committe on Transportation

Majority Report:  Do pass with amendments.  (25)

      Signed by Representatives Walk, Chair; Betrozoff, Brough, Cantwell, Cooper, Dellwo, Doty, Fisch, Fisher, Gallagher, Hankins, Haugen, Heavey, Kremen, Meyers, Prince, Schmidt, C. Smith, D. Sommers, Spanel, Todd, Vekich, J. Williams, S. Wilson and Zellinsky.

House Staff:Louise Bray (786-7322)

AS PASSED HOUSE APRIL 1, 1987

BACKGROUND:

In 1984 and 1985, approximately 22 percent of the people who were issued notices of traffic infractions/citations failed to appear as they had promised.  The result is less effective enforcement of Washington laws and a loss of the revenue which would be derived from the fines.  Police officers are powerless to act when they encounter drivers with a record of failing to appear because often warrants of arrest have not been issued.  Out-of-state drivers who fail to appear or respond are usually not sanctioned by their state of record.

SUMMARY:

A police officer may arrest a driver for failure to comply if, after verifying the driving record with the Department of Licensing, the officer determines that the driver has two or more charges of failure to appear on his or her driving record.  The penalty for accumulating two or more charges of failure to appear is a gross misdemeanor.

A nonresident of Washington state who is issued a notice of traffic infraction or citation must post either a bond or cash security in an amount equal to the infraction penalty or bail.  If the driver is not able to do so, a hearing at the earliest possible time before a judge or magistrate will be provided.  However, law enforcement officers may, but are not required to, take the driver to the judge or magistrate.  The provisions of this section do not apply to residents of states that have a reciprocal agreement with Washington.

Courts must, by January 1, 1990, accept major, valid credit cards and guaranteed automobile club cards in lieu of posting bond or cash security.  Any costs charged to the court for accepting credit cards may be assessed as court costs against the person choosing to make payment by credit card.

Fiscal Note:      Attached.

House Committee ‑ Testified For:    Captain Rick Jensen, Washington State Patrol; Bruce Olsen, AAA; Trooper Dan Davis, Washington State Troopers Association; Janet McLane, Administrator for the Courts and Municipal Court Judges; Mike Redman, Washington Association of Prosecuting Attorneys; Paul Ingram, Washington Association of Sheriffs and Police Chiefs.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Use of credit cards for payment of traffic infraction fines will increase collection and reduce the paperwork associated therewith.  Requiring nonresidents to pay their fines immediately will generate revenue and positively impact driving habits.

House Committee - Testimony Against:      None Presented.