SENATE BILL REPORT

SSB 6252

BYSenate Committee on Law & Justice (originally sponsored by Senators Halsan and Talmadge)

Revising enforcement provisions for failure to comply with traffic infraction laws.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 26, 1988; January 27, 1988

Majority Report:  That Substitute Senate Bill No. 6252 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Halsan, Hayner, Madsen, Nelson, Newhouse, Niemi, Talmadge.

Senate Staff:Lidia Mori (786-7418)

                  February 18, 1988

AS PASSED SENATE, FEBRUARY 16, 1988

BACKGROUND:

The Washington State Legislature enacted Substitute Senate Bill 5061 during the 1987 Legislature.  It allows a police officer to arrest a driver who has two or more charges of failure to appear on his or her driving record.  The driver must have willfully violated a written and signed promise to appear in court.

There has been some concern regarding whether venue is in the jurisdiction where the failure to appear occurred or where the defendant was arrested for failure to appear.  There also has been some difficulty regarding the proof necessary to show a violation to be willful and the procedure for establishing probable cause to arrest. 

SUMMARY:

The intent of the Legislature is clarified by including the reasons why traffic laws must be judiciously and fairly enforced. 

The requirement that a violation of a written and signed promise to appear in court be willful is deleted.  Probable cause to arrest a driver of a motor vehicle is established by an officer obtaining, orally or in writing, information from the Department of Licensing that two or more notices of failure to appear for any five-year period are on the person's driving record.  Venue for prosecuting is in the court with jurisdiction in the area of the arrest.  A certified copy of the person's driving record, supplied by the Department of Licensing, will be proof of the existence of notices of failure to appear.  The failure to pay a fine for any pedestrian, bicycle or parking offense is not included in the crime of failure to comply.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Mark Thompson, Thurston County Prosecuting Attorneys Office; Rick Jensen, Washington State Patrol