SENATE BILL REPORT

SB 6252

BYSenators 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)

                  January 27, 1988

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, JANUARY 27, 1988

BACKGROUND:

The Washington State Legislature enacted Substitute Senate Bill Number 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 in the jurisdiction where the defendant was arrested for failure to appear.  There also has been some difficulty regarding the proof that is necessary to show a violation to be willful and the procedure for establishing probable cause to arrest. 

SUMMARY:

The intent of the Legislature in enacting this bill 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 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. 

EFFECT OF PROPOSED SUBSTITUTE:

A driver of a motor vehicle who accumulates two or more notices of failure to appear during any five year period is guilty of failure to comply.  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:      requested January 25, 1988

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