SENATE BILL REPORT

SB 5061

BYSenators 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)

                  January 16, 1987

AS REPORTED BY COMMITTEE ON JUDICIARY, JANUARY 16, 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 three 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 bail or receive a hearing at the earliest possible time before a judge or magistrate.  However, this does not apply to residents of states that have a reciprocal agreement with Washington.

EFFECT OF PROPOSED SUBSTITUTE:

A police officer may arrest a driver for failure to comply if 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.

Fiscal Note:      requested

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