SENATE BILL REPORT

SHB 1617

BYHouse Committee on Judiciary (originally sponsored by Representatives Locke, Holland, Armstrong, Padden, Hine, Lewis, Belcher, Silver, H. Sommers, Appelwick, Taylor, P. King, Moyer, May and Butterfield; by request of State Auditor and Attorney General)

Clarifying the definition of "costs" received as part of court actions.

House Committe on Judiciary

Rereferred House Committee on Ways & Means/Appropriations

Senate Committee on Ways & Means

Senate Hearing Date(s):February 25, 1988; February 26, 1988

Majority Report:  Do pass.

      Signed by Senators McDonald, Chairman; Craswell, Vice Chairman; Bauer, Bluechel, Cantu, Deccio, Hayner, Johnson, Lee, Newhouse, Saling, Smith, Vognild, Zimmerman.

Minority Report:  Do not pass.

      Signed by Senators Moore, Talmadge.

Senate Staff:Lynn French (786-7715)

                  March 2, 1988

AS REPORTED BY COMMITTEE ON WAYS & MEANS, FEBRUARY 26, 1988

BACKGROUND:

All money received by municipal and district court clerks for fines, penalties, forfeitures, fees, and court costs must be paid by the clerk to the city clerk or the county treasurer, respectively.  The clerk or treasurer transmits 32 percent of the funds received to the state treasurer for deposit in the public safety and education account. The Legislature appropriates funds from this account to promote traffic safety, criminal justice training, crime victim's compensation, judicial education, winter recreation parking, state game programs, and the judicial information system.

The court costs which must be paid by the court clerk do not include costs awarded to parties in civil actions.  These are costs for filing fees, service of process, service by publication, notary fees, reasonable expenses in obtaining documents, statutory attorney and witness fees, and the reasonable expense of transcribing depositions in some cases.

The sheriff collects fees for service of process, levying on writs of attachment and execution, and other actions related to judicial proceedings.

A convicted criminal defendant may be required to pay costs.  These costs must be limited to expenses incurred by the state in prosecuting the defendant.  The expenses may include the cost of serving a warrant for a failure to appear and jury fees.

SUMMARY:

The clerk of court is not required to pay to the city clerk or county treasurer any sums received as costs. These costs do not include costs awarded to parties in civil actions, including sheriffs fees.  Costs in criminal cases do not include the costs imposed against the criminal defendant for the special costs of prosecuting the action, for sheriff's fees, for jury fees, or for serving a warrant for failure to appear.

Appropriation:    none

Revenue:    yes

Fiscal Note:      requested January 29, 1988

Senate Committee - Testified: Jim Goche, WACO (for); Kurt Sharar, Washington State Association of Counties (for); Janet McLane, Administrator for the Courts (for); Mary Jo Diaz, Attorney General's office (for); Linda Sheler, Office of State Auditor (for)