CERTIFICATION
OF ENROLLMENT
SUBSTITUTE
HOUSE BILL 2776
Chapter
110, Laws of 2000
56th
Legislature
2000
Regular Session
TRAFFIC
INFRACTIONS--DEFERRED FINDINGS
EFFECTIVE
DATE: 6/8/00
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Passed by the House March 6, 2000
Yeas 98 Nays 0
 CLYDE BALLARD
Speaker of the House
of Representatives
 FRANK CHOPP
Speaker of the House of Representatives
Passed by the Senate March 3, 2000
Yeas 39 Nays 8
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CERTIFICATE
We, Timothy A. Martin and Cynthia Zehnder, Co-Chief Clerks of the
House of Representatives of the State of Washington, do hereby certify that
the attached is SUBSTITUTE HOUSE BILL 2776 as passed by the House of
Representatives and the Senate on the dates hereon set forth.
 CYNTHIA ZEHNDER
Chief Clerk
TIMOTHY A. MARTIN
Chief Clerk
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BRAD OWEN
President of the Senate
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Approved March 24, 2000 Place Style On
Codes above, and Style Off Codes below.
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FILED
March 24, 2000 - 3:01 p.m.
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GARY LOCKE
Governor of the State of Washington
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Secretary of State
State of Washington
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_______________________________________________
SUBSTITUTE
HOUSE BILL 2776
_______________________________________________
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.
Passed the House March 6, 2000.
Passed the Senate March 3, 2000.
Approved by the Governor
March 24, 2000.
Filed
in Office of Secretary of State March 24, 2000.