S-3933 _______________________________________________
SENATE BILL NO. 6523
_______________________________________________
State of Washington 51st Legislature 1990 Regular Session
By Senators Nelson, Rinehart, Patrick, Gaspard and Rasmussen
Read first time 1/17/90 and referred to Committee on Law & Justice.
AN ACT Relating to enforcement of traffic infractions; amending RCW 46.64.020; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 46.64.020, chapter 12, Laws of 1961 as last amended by section 1, chapter 38, Laws of 1988 and RCW 46.64.020 are each amended to read as follows:
(1) The legislature finds that:
(a) Traffic laws are necessary for the safe and expeditious flow of motor vehicle traffic.
(b) For traffic laws to be effective, they must be judiciously and fairly enforced. This enforcement includes the issuance of notices of infraction and citations and the assessment of fines and penalties.
(c) The adjudication of notices of infraction through a written and signed promise to respond, and of citations through a written and signed promise to appear, as provided in this title is an integral and important part of the traffic law system.
(d) Approximately twenty percent of all people issued notices of infraction and citations violate their written and signed promise to respond or appear and obtain notices of failure to respond or appear on their driving records. Through their actions, these people are destroying the effectiveness of the traffic law system and undermining the department of licensing regulatory control of drivers' licenses.
(e) Notices of failure to respond or appear accumulated on a person's driving record shall be considered if they were issued for violations occurring after July 25, 1987.
(2) Any
person violating his or her written and signed promise to appear in court or
his or her written and signed promise to respond to a notice of traffic
infraction, as provided in this title, is guilty of a misdemeanor regardless of
the disposition of the charge upon which he or she was originally arrested or
the disposition of the notice of infraction: PROVIDED, That a written promise
to appear in court or a written promise to respond to a notice of traffic
infraction may be complied with by an appearance by counsel: PROVIDED FURTHER,
That a person charged under RCW 46.20.021 with driving with an expired driver's
license may respond by mailing to the court within fifteen days of the
violation, a copy of the person's currently valid driver's license. ((Any
person who has been issued a notice of infraction pursuant to RCW 46.63.030(3)
and who fails to respond as provided in this title is guilty of a misdemeanor
regardless of the disposition of the notice of infraction.))
(3) Any
person who ((drives)) is driving a motor vehicle within the state
and has at that time accumulated two or more notices of failure to appear
or respond on his or her driving record maintained by the department of
licensing accumulated in any five-year period as a result of
noncompliance with the traffic infraction laws in any jurisdiction or court
within Washington, or in any jurisdiction or court within other states which
are signatories with Washington in a nonresident violator compact or reciprocal
agreement under chapter 46.23 RCW, shall be guilty of failure to comply, a
gross misdemeanor. A person is not subject to this subsection for failure to
pay a fine for any pedestrian, bicycling, or parking offense.
Probable cause for arrest under this subsection is established by the 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 prosecution shall be in the court with jurisdiction in the area of apprehension.