SENATE BILL REPORT

SSB 5061

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.

Senate Committee on Judiciary

Senate Hearing Date(s):January 15, 1987; January 16, 1987

Majority Report:  That Substitute Senate Bill No. 5061 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; Moore, Nelson.

Senate Staff:Lidia Mori (786-7461)

                  April 2, 1987

AS PASSED SENATE, FEBRUARY 9, 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.

A nonresident of Washington State who is issued a notice of traffic infraction or citation must post either a bond, 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, this does not apply to residents of states that have a reciprocal agreement with Washington.

Fiscal Note:      available

Senate Committee - Testified: Rick Jensen, Washington State Patrol; Janet McLane, Office of the Administrator for the Courts; Marty Sangster, Washington Trucking Association

HOUSE AMENDMENTS:

By January 1, 1990 a nonresident of the State of Washington who is issued a notice of infraction or citation for a traffic offense may pay the required bond or cash security through the use of a valid, major credit card or automobile club card.  In addition to any penalty or fine, the court is authorized to impose an amount equal to the charge to the court for accepting such cards.  If a person is unable to post the bond, cash security or bail, he or she may be taken to a magistrate or judge at the first possible working time of the court.