S-648                 _______________________________________________

                                                   SENATE BILL NO. 5422

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

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

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

AN ACT Relating to mandatory fines for 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) Every person convicted of a violation of RCW 69.50.401, 69.50.402, 69.50.403, 69.50.406, 69.50.407, 69.50.410, 69.50.412, or 69.50.415 shall be fined two hundred fifty dollars in addition to any other fine or penalty imposed.  This additional fine shall not be suspended or waived by the court.

          (2) On a second or subsequent conviction for violation of any of the laws listed in subsection (1) of this section, the person shall be fined five hundred dollars in addition to any other fine or penalty imposed.  This additional fine shall not be suspended or waived by the court.

          (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 for the state of Washington may bring an action to enforce the judgment.

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

          (5) RCW 3.62.090 and 10.82.070 do not apply to any money collected under this section.

          (6) 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.