S-763                 _______________________________________________

                                                   SENATE BILL NO. 5421

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Thorsness, McMullen, Hayner, Vognild, McDonald, Metcalf, Pullen, Bender, Amondson, Stratton, Patterson, Saling and Bailey

Read first time 1/24/89 and referred to Committee on   Law & Justice.

AN ACT Relating to civil damages for possession of controlled substances; adding a new section to chapter 69.50 RCW; adding a new section to chapter 43.08 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 69.50 RCW to read as follows:

          (1) The attorney general may file a civil cause of action against any person who illegally possesses a controlled substance as defined in RCW 69.50.101(d).

          (2) Damages are double the value of the controlled substance and the costs of the suit, including reasonable investigative and attorneys' fees.

          (3) The fine constitutes a judgment against the person and the person's property, both real and personal, and may be enforced as any other judgment under chapter 6.04 RCW.  The attorney general may bring an action to enforce the judgment.

          (4) The money collected under this section, except for costs, shall be remitted to the state treasurer and deposited as provided in section 2 of this act.

          (5) This section applies prospectively only and not retroactively.  It applies only to causes of action which arise on or after the effective date of this act.

NEW SECTION. Sec. 2.  A new section is added to chapter 43.08 RCW to read as follows:

          (1) The money received by the state treasurer from fees, fines, forfeitures, penalties, reimbursements, or assessments by any court organized under Title 3 or 35 RCW, or chapter 2.08 RCW, which is directed to this section, shall be deposited in the drug investigation and training account which is hereby created in the state treasury.

          (2) The money deposited in the account shall be appropriated by the legislature for the purposes of promoting and enhancing:  (a) The criminal justice training commission's local police special drug interdiction programs and local police undercover investigations, and (b) the narcotic enforcement unit of the attorney general's office.

          (3) All earnings of investments on balances in the drug investigation and training account shall be credited to the general fund.

NEW SECTION. Sec. 3.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.