H-739                _______________________________________________

                                                    HOUSE BILL NO. 111

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Lewis, Armstrong, Crane, Heavey, Patrick, P. King and Betrozoff

Read first time 1/16/87 and referred to Committee on Judiciary.

AN ACT Relating to firearm restrictions on convicted defendants; and amending RCW 9.95.240.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 7, chapter 227, Laws of 1957 and RCW  9.95.240 are each amended to read as follows:

          Every defendant who has fulfilled the conditions of his probation for the entire period thereof, or who ((shall have)) has been discharged from probation prior to the termination of the period thereof, may at any time prior to the expiration of the maximum period of punishment for the offense for which he has been convicted be permitted in the discretion of the court to withdraw his plea of guilty and enter a plea of not guilty, or if he has been convicted after a plea of not guilty, the court may in its discretion set aside the verdict of guilty((; and)).  In either case, the court may thereupon dismiss the information or indictment against such defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he has been convicted.  The probationer shall be informed of this right in his probation papers((:  PROVIDED, That)).

In any subsequent prosecution((,)) for any other offense, such prior conviction may be pleaded and proved, and shall have the same effect as if probation had not been granted((,)) or the information or indictment dismissed.

In dismissing the information or indictment the court may provide that the defendant may not ship, transport, possess, or receive a firearm.