SENATE BILL REPORT

SB 5083

BYSenators Halsan, Newhouse and Talmadge

Providing a system of civil infractions.

Senate Committee on Judiciary

Senate Hearing Date(s):February 4, 1987

Majority Report:  That Substitute Senate Bill No. 5083 be substituted therefor, and the substitute bill do pass.

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

Senate Staff:Dick Armstrong (786-7460)

                  February 4, 1987

AS REPORTED BY COMMITTEE ON JUDICIARY, FEBRUARY 4, 1987

BACKGROUND:

Over the years, the Legislature has enacted approximately 850 criminal statutes relating to misdemeanors and gross misdemeanors.  Some of these statutes are rarely enforced because criminal sanctions to deter the proscribed behavior are no longer appropriate in today's society.

With scarce resources in an already overburdened court system, police, judges, prosecutors and juries should be utilized in the most cost-effective manner to deter serious criminal behavior.  Decriminalization of selected misdemeanors which are regulatory, rather than criminal in nature, may help to alleviate some of the workload of the courts of limited jurisdiction.

The establishment of a system to enforce civil infractions is a more expeditious and less expensive method of handling minor offenses.

SUMMARY:

The bill as introduced was not heard.

EFFECT OF PROPOSED SUBSTITUTE:

A task force on decriminalization of misdemeanors is established until July 1, 1989.  The task force is composed of representatives of cities, counties, law enforcement, misdemeanant corrections officers, courts of limited jurisdiction, public defenders, prosecuting attorneys, municipal attorneys, and legislators.  The task force is to determine if there are valid policy reasons for prohibiting and punishing various activities by criminal penalties.  A report is to be submitted to the Legislature by July 1, 1989.

A statutory procedure is established for the issuance, service, filing, hearing, and enforcement of civil infractions.  The procedure is similar to the existing procedure for traffic infractions.  Four categories of monetary penalties are established.  A class 1 civil infraction is $250; a class 2 civil infraction is $125; a class 3 civil infraction is $50; and a class 4 civil infraction is $25.  The dollar amounts of the monetary penalties do not include statutory assessments.

The following acts are decriminalized:

      (1)Killing a racing pigeon is a class 1 civil infraction.

      (2)Removing or altering identification of a racing pigeon is a class 2 civil infraction.

      (3)Violating the Selling Cigarettes Below Cost Act is a class 1 civil infraction.

      (4)Retaining a book from a public library or educational institution past the due date is a class 4 civil infraction.

      (5)Failure to comply with veteran preferences for public service is a class 1 civil infraction.

The following sections of law are repealed:

      (1)Advertising cures of venereal diseases or lost sexual potency.

      (2)Out-of-state solicitation of personal injury claims arising in the state.

      (3)Failure to pay bills in a hotel or restaurant.

      (4)Using false weights and measures.

      (5)Concealing foreign matter in merchandise.

      (6)Slander of a financial institution.

      (7)Slandering a woman.

      (8)Unlawful wearing of military insignia.

Fiscal Note:      none requested

Effective Date:Provisions of the bill establishing a procedure for enforcing civil infractions are effective January 1, 1989.

Senate Committee - Testified: Mike Redman, Washington Association of Prosecuting Attorneys; Kurt Sharar, Association of Counties