SENATE BILL REPORT

EHB 2404

BYRepresentatives Padden, Crane, R. Meyers, Wolfe and P. King 

Allowing deferrals of traffic infraction judicial determinations.

House Committe on Judiciary

Senate Committee on Law & Justice

Senate Hearing Date(s):February 19, 1990; February 21, 1990

Majority Report:  Do pass as amended.

      Signed by Senators Nelson, Chairman; McCaslin, Vice Chairman; Hayner, Newhouse, Niemi, Patrick, Rasmussen, Rinehart, Thorsness.

Senate Staff:Dick Armstrong (786-7460)

                  February 21, 1990

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 21, 1990

BACKGROUND:

Many of the less serious traffic law violations have been decriminalized.  These violations are called civil infractions. Persons who commit violations of these laws are not "convicted" or found "guilty" of crimes, but rather they are "determined" to have committed an infraction.  Because these infractions are not criminal, the procedures for determining an infraction are less rigorous than those that apply in a criminal case.  The penalties for infractions are monetary fines established by Supreme Court rule.  In many instances, however, the most expensive and serious consequences of a traffic infraction result from reporting the infraction to the Department of Licensing.

A record of an infraction is sent to the Department of Licensing whenever a person is determined to have committed an infraction.  This driving record information is available to insurance companies, and may result in increased insurance premiums or loss of coverage.  It may also result in loss of the person's driver's license through administrative action of the Department of Licensing.

A person who is cited for a traffic infraction may respond in one of three ways.  First, the person may simply pay the fine that is set for the infraction.  Second, the person may demand a hearing in order to contest the citation.  Third, the person may choose not to contest the citation but nonetheless request a hearing to explain mitigating circumstances surrounding the infraction.

In setting the penalty for a traffic infraction, the court has several options beyond just imposing the standard fine set by Supreme Court rule.  The court may waive, reduce, or suspend the standard fine.  At the person's request, the court may order the person to do some community service in lieu of paying the fine.  However, in any case in which the person has been determined to have committed the infraction, the court is to send a record of its determination to the Department of Licensing.

In non-felony criminal cases, a qualifying defendant may be granted a deferred prosecution.  Deferral is available only to a defendant who demonstrates that he or she committed the charged crime because of alcoholism, drug addiction or mental problems.  The prosecution is held in abeyance until the defendant successfully completes treatment for his or her problem.  A defendant charged with a traffic crime may get no more than one deferral in any five-year period.  The most common use of deferred prosecutions is in drunk driving cases.

Some local courts have instituted procedures in civil traffic infraction cases that are roughly parallel to the deferred prosecution system used in criminal cases.  There is no explicit authorization for such procedures in the traffic infraction law, and some county prosecutors have advised their courts that state legislation is needed before deferrals can be used in civil infraction cases.

SUMMARY:

Local courts are authorized to provide for deferrals of determinations that civil traffic infractions have been committed.  Any such program established by a local court must contain the following elements:

            -The driver must pay for and successfully complete a traffic safety course approved by the court.

            -Deferrals are available only for drivers who do not contest their traffic infraction citations.

            -No person is eligible for a deferral more than once anywhere in the state in any three-year period.  The court is to send a record of each deferral to the department which is to maintain the record for three years.  These records are to allow courts to determine eligibility for deferrals.

During a deferral, the court is not to send the determination of infraction to the Department of Licensing.  Upon successful completion of the traffic safety course, the court will dismiss the notice of infraction.  However, a deferral does not affect the imposition of the monetary penalty applicable to the infraction.

Local courts may impose an additional fee to cover the cost of administering requests for deferrals in traffic infraction cases.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 15, 1990

SUMMARY OF PROPOSED SENATE AMENDMENT:

The bill remains the same as passed by the House except the existing forms for "notices of traffic infractions" do not have to be revised until July 1, 1991.

Senate Committee - Testified: Judge Roy Raney, District Court Judges Association; Mike Kilborn, Pierce County Court Administrator