_______________________________________________
SUBSTITUTE
HOUSE BILL 2776
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Passed
Legislature - 2000 Regular Session
AS
AMENDED BY THE SENATE
State of Washington 56th
Legislature 2000 Regular Session
By
Read first time 02/03/2000.
Referred to Committee on .
Providing
for deferred findings and collection of an administrative fee in an infraction
case.
AN
ACT Relating to deferred findings and collection of an administrative fee in an
infraction case; and amending RCW 46.63.070.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
46.63.070 and 1993 c 501 s 10 are each amended to read as follows:
(1)
Any person who receives a notice of traffic infraction shall respond to such
notice as provided in this section within fifteen days of the date of the
notice.
(2)
If the person determined to have committed the infraction does not contest the
determination the person shall respond by completing the appropriate portion of
the notice of infraction and submitting it, either by mail or in person, to the
court specified on the notice. A check or money order in the amount of the
penalty prescribed for the infraction must be submitted with the response.
When a response which does not contest the determination is received, an
appropriate order shall be entered in the court's records, and a record of the
response and order shall be furnished to the department in accordance with RCW
46.20.270.
(3)
If the person determined to have committed the infraction wishes to contest the
determination the person shall respond by completing the portion of the notice
of infraction requesting a hearing and submitting it, either by mail or in
person, to the court specified on the notice. The court shall notify the
person in writing of the time, place, and date of the hearing, and that date
shall not be sooner than seven days from the date of the notice, except by
agreement.
(4)
If the person determined to have committed the infraction does not contest the
determination but wishes to explain mitigating circumstances surrounding the
infraction the person shall respond by completing the portion of the notice of
infraction requesting a hearing for that purpose and submitting it, either by
mail or in person, to the court specified on the notice. The court shall
notify the person in writing of the time, place, and date of the hearing.
(5)(a)
In hearings conducted pursuant to subsections (3) and (4) of this section, the
court may defer findings, or in a hearing to explain mitigating circumstances
may defer entry of its order, for up to one year and impose conditions upon the
defendant the court deems appropriate. Upon deferring findings, the court may
assess costs as the court deems appropriate for administrative processing. If
at the end of the deferral period the defendant has met all conditions and has
not been determined to have committed another traffic infraction, the court may
dismiss the infraction.
(b)
A person may not receive more than one deferral within a seven-year period for
traffic infractions for moving violations and more than one deferral within a
seven-year period for traffic infractions for nonmoving violations.
(6)
If any person issued a notice of traffic infraction:
(a)
Fails to respond to the notice of traffic infraction as provided in subsection
(2) of this section; or
(b)
Fails to appear at a hearing requested pursuant to subsection (3) or (4) of
this section;
the court shall enter an appropriate order assessing the monetary
penalty prescribed for the traffic infraction and any other penalty authorized
by this chapter and shall notify the department in accordance with RCW
46.20.270, of the failure to respond to the notice of infraction or to appear
at a requested hearing.
