H-1697.1  _______________________________________________

 

                          HOUSE BILL 2205

          _______________________________________________

 

State of Washington      56th Legislature  1999 1st Special Session

 

By Representatives McDonald, Lovick, Carrell, Constantine and Haigh

 

Read first time 02/19/1999.  Referred to Committee on Judiciary.

Providing conditions for waiver of the requirement for a mandatory appearance following arrest for DUI.

    AN ACT Relating to the mandatory court appearance following arrest for DUI; and amending RCW 46.61.50571.

 

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

 

    Sec. 1.  RCW 46.61.50571 and 1998 c 214 s 5 are each amended to read as follows:

    (1) A defendant who is arrested for an offense involving driving while under the influence as defined in RCW 46.61.502, driving under age twenty-one after consuming alcohol as defined in RCW 46.61.503, or being in physical control of a vehicle while under the influence as defined in RCW 46.61.504, shall be required to appear in person before a magistrate within one judicial day after the arrest if the defendant is served with a citation or complaint at the time of the arrest.  A court may by local court rule waive the requirement for appearance within one judicial day if it provides for the appearance at the earliest practicable day following arrest and establishes the method for identifying that day in the rule.

    (2) A defendant who is charged by citation, complaint, or information with an offense involving driving while under the influence as defined in RCW 46.61.502, driving under age twenty-one after consuming alcohol as defined in RCW 46.61.503, or being in physical control of a vehicle while under the influence as defined in RCW 46.61.504, and who is not arrested, shall appear in court for arraignment in person as soon as practicable, but in no event later than fourteen days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information.

    (3) At the time of an appearance required by this section, the court shall determine the necessity of imposing conditions of pretrial release according to the procedures established by court rule for a preliminary appearance or an arraignment.

    (4) Appearances required by this section are mandatory and may not be waived.

 

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