_______________________________________________
SECOND
SUBSTITUTE HOUSE BILL 3089
_______________________________________________
AS
AMENDED BY THE SENATE
Passed
Legislature - 1998 Regular Session
State
of Washington 55th Legislature 1998 Regular Session
By
Read
first time 02/07/98. Referred to Committee on .
Limiting eligibility for the deferred prosecution program
to once in a lifetime.
AN
ACT Relating to drunk driving; amending RCW 10.05.010, 10.05.100, 10.05.120,
and 10.05.160; creating new sections; and providing an effective date.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
10.05.010 and 1985 c 352 s 4 are each amended to read as follows:
In
a court of limited jurisdiction a person charged with a misdemeanor or gross
misdemeanor may petition the court to be considered for a deferred prosecution
program. The petition shall be filed with the court at least seven days before
the date set for trial but, upon a written motion and affidavit establishing
good cause for the delay and failure to comply with this section, the court may
waive this requirement subject to the defendant's reimbursement to the court of
the witness fees and expenses due for subpoenaed witnesses who have appeared on
the date set for trial.
A
person charged with a traffic infraction, misdemeanor, or gross misdemeanor
under Title 46 RCW shall not be eligible for a deferred prosecution program
unless the court makes specific findings pursuant to RCW 10.05.020. Such
person shall not be eligible for a deferred prosecution program more than once
((in any five-year period)). Separate offenses committed more than
seven days apart may not be consolidated in a single program.
Sec.
2. RCW
10.05.100 and 1985 c 352 s 13 are each amended to read as follows:
If
a petitioner is subsequently convicted of a similar offense ((while)) that
was committed while the petitioner was in a deferred prosecution program,
upon notice the court shall remove the petitioner's docket from the deferred
prosecution file and the court shall enter judgment pursuant to RCW 10.05.020.
Sec.
3. RCW
10.05.120 and 1994 c 275 s 19 are each amended to read as follows:
((Upon))
Three years after receiving proof of successful completion of the
two-year treatment program, but not before five years following entry of the
order of deferred prosecution, the court shall dismiss the charges pending
against the petitioner.
Sec.
4. RCW
10.05.160 and 1985 c 352 s 18 are each amended to read as follows:
The
prosecutor may appeal an order granting deferred prosecution on any or all of
the following grounds:
(1)
Prior deferred prosecution has been granted to the defendant ((within five
years));
(2)
Failure of the court to obtain proof of insurance or a treatment plan
conforming to the requirements of this chapter;
(3)
Failure of the court to comply with the requirements of RCW 10.05.100;
(4)
Failure of the evaluation facility to provide the information required in RCW
10.05.040 and 10.05.050, if the defendant has been referred to the facility for
treatment. If an appeal on such basis is successful, the trial court may
consider the use of another treatment facility.
NEW
SECTION. Sec. 5. If
specific funding for the purposes of this act, referencing this act by bill or
chapter number, is not provided by June 30, 1998, in the omnibus appropriations
act, this act is null and void.
*NEW
SECTION. Sec. 6.
If this act mandates an increased level of service by local governments, the
local government may, under RCW 43.135.060 and chapter 4.92 RCW, submit claims
for reimbursement by the legislature. The claims shall be subject to
verification by the office of financial management.
*Sec. 6 was vetoed. See message at end of chapter.
NEW
SECTION. Sec. 7. This
act takes effect January 1, 1999.
Passed the House March 9, 1998.
Passed the Senate March 5, 1998.
Approved by the Governor
March 30, 1998, with the exception of certain items that were vetoed.
Filed in Office of Secretary of State March 30, 1998.
Note:
Governor's explanation of partial veto is as follows:
"I
am returning herewith, without my approval as to section 6, Second Substitute
House Bill No. 3089 entitled:
"AN ACT Relating to drunk driving;"
2SHB 3089 allows a person
to dispose of a DUI case by deferred prosecution only once in a lifetime, and
reinstates the deferred charge if the person has a second DUI within five
years. I strongly agree with this legislation; however, one section is
problematic.
Section 6 of 2SHB 3089
would require that the Office of Financial Management verify claims from local
governments for increased levels of services mandated by the act. This section
would add an unnecessary additional bureaucratic layer to the existing
statutory and procedural process for handling these claims. I will direct the
Office of Financial Management and the Department of General Administration to
work collaboratively with the appropriate legislative committees to ensure that
timely and accurate information is provided to the Legislature.
For this reason, I have
vetoed section 6 of Second Substitute House Bill No. 3089.
With
the exception of section 6, Second Substitute House Bill No. 3089 is
approved."
