S‑2146.1   _____________________________________________

SUBSTITUTE SENATE BILL 5309

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senate Committee on Ways & Means (originally sponsored by Senators Constantine, Sheahan, Hewitt, Costa, Parlette, Carlson, Regala, T. Sheldon, Swecker, Jacobsen, B. Sheldon, Kastama, Gardner and Oke)

READ FIRST TIME 03/08/01. 

_1      AN ACT Relating to funding for local government criminal

_2  justice; amending RCW 3.62.090 and 46.63.110; adding a new section

_3  to chapter 46.64 RCW; and prescribing penalties.

_4  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_5      Sec. 1.  RCW 3.62.090 and 1997 c 331 s 4 are each amended to read

_6  as follows:

_7      (1) There shall be assessed and collected in addition to any

_8  fines, forfeitures, or penalties assessed, other than for parking

_9  infractions, by all courts organized under Title 3 or 35 RCW a

10  public safety and education assessment equal to sixty percent of

11  such fines, forfeitures, or penalties, which shall be remitted as

12  provided in chapters 3.46, 3.50, 3.62, and 35.20 RCW.  The

13  assessment required by this section shall not be suspended or

14  waived by the court.

15      (2) There shall be assessed and collected in addition to any

16  fines, forfeitures, or penalties assessed, other than for parking

17  infractions and for fines levied under RCW 46.61.5055, and in

18  addition to the public safety and education assessment required

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_1  under subsection (1) of this section, by all courts organized

_2  under Title 3 or 35 RCW, an additional public safety and education

_3  assessment equal to fifty percent of the public safety and

_4  education assessment required under subsection (1) of this

_5  section, which shall be remitted to the state treasurer and

_6  deposited as provided in RCW 43.08.250.  The additional assessment

_7  required by this subsection shall not be suspended or waived by

_8  the court.

_9      (3) This section does not apply to the fee imposed under RCW

10  ((43.63.110(6))) 46.63.110(6) or the penalty imposed under RCW

11  46.63.110(7).

12     Sec. 2.  RCW 46.63.110 and 1997 c 331 s 3 are each amended to read

13  as follows:

14      (1) A person found to have committed a traffic infraction shall

15  be assessed a monetary penalty.  No penalty may exceed two hundred

16  and fifty dollars for each offense unless authorized by this

17  chapter or title.

18      (2) The supreme court shall prescribe by rule a schedule of

19  monetary penalties for designated traffic infractions.  This rule

20  shall also specify the conditions under which local courts may

21  exercise discretion in assessing fines and penalties for traffic

22  infractions.  The legislature respectfully requests the supreme

23  court to adjust this schedule every two years for inflation.

24      (3) There shall be a penalty of twenty-five dollars for failure

25  to respond to a notice of traffic infraction except where the

26  infraction relates to parking as defined by local law, ordinance,

27  regulation, or resolution or failure to pay a monetary penalty

28  imposed pursuant to this chapter.  A local legislative body may set

29  a monetary penalty not to exceed twenty-five dollars for failure

30  to respond to a notice of traffic infraction relating to parking

31  as defined by local law, ordinance, regulation, or resolution.  The

32  local court, whether a municipal, police, or district court, shall

33  impose the monetary penalty set by the local legislative body.

34      (4) Monetary penalties provided for in chapter 46.70 RCW which

35  are civil in nature and penalties which may be assessed for

36  violations of chapter 46.44 RCW relating to size, weight, and load

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_1  of motor vehicles are not subject to the limitation on the amount

_2  of monetary penalties which may be imposed pursuant to this

_3  chapter.

_4      (5) Whenever a monetary penalty is imposed by a court under

_5  this chapter it is immediately payable.  If the person is unable to

_6  pay at that time the court may, in its discretion, grant an

_7  extension of the period in which the penalty may be paid.  If the

_8  penalty is not paid on or before the time established for payment

_9  the court shall notify the department of the failure to pay the

10  penalty, and the department shall suspend the person's driver's

11  license or driving privilege until the penalty has been paid and

12  the penalty provided in subsection (3) of this section has been

13  paid.

14      (6) In addition to any other penalties imposed under this

15  section and not subject to the limitation of subsection (1) of

16  this section, a person found to have committed a traffic

17  infraction shall be assessed a fee of five dollars per

18  infraction.  Under no circumstances shall this fee be reduced or

19  waived.  Revenue from this fee shall be forwarded to the state

20  treasurer for deposit in the emergency medical services and trauma

21  care system trust account under RCW 70.168.040.

22      (7)(a) In addition to any other penalties imposed under this

23  section and not subject to the limitation of subsection (1) of

24  this section, a person found to have committed a traffic

25  infraction other than of RCW 46.61.527 shall be assessed an

26  additional penalty of ten dollars.  The court may not reduce, waive,

27  or suspend the additional penalty unless the court finds the

28  offender to be indigent.  If a community service program for

29  offenders is available in the jurisdiction, the court shall allow

30  offenders to offset all or a part of the penalty due under this

31  subsection (7) by participation in the community service program.

32      (b) Revenue from the additional penalty must be remitted under

33  chapters 2.08, 3.46, 3.50, 3.62, 10.82, and 35.20 RCW.  Money

34  remitted under this subsection to the state treasurer must be

35  deposited as provided in RCW 43.08.250.  The balance of the revenue

36  received by the county or city treasurer under this subsection

37  must be deposited into the county or city current expense

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_1  fund.  Moneys retained by the city or county under this subsection

_2  shall constitute reimbursement for any liabilities under RCW

_3  43.135.060.

_4      NEW SECTION. Sec. 3.  A new section is added to chapter 46.64

_5  RCW to read as follows:

_6      (1) In addition to any other penalties imposed for conviction

_7  of a violation of this title that is a misdemeanor, gross

_8  misdemeanor, or felony, the court shall impose an additional

_9  penalty of fifty dollars.  The court may not reduce, waive, or

10  suspend the additional penalty unless the court finds the offender

11  to be indigent.  If a community service program for offenders is

12  available in the jurisdiction, the court shall allow offenders to

13  offset all or a part of the penalty due under this section by

14  participation in the community service program.

15      (2) Revenue from the additional penalty must be remitted under

16  chapters 2.08, 3.46, 3.50, 3.62, 10.82, and 35.20 RCW.  Money

17  remitted under this section to the state treasurer must be

18  deposited as provided in RCW 43.08.250.  The balance of the revenue

19  received by the county or city treasurer under this section must

20  be deposited into the county or city current expense fund.  Moneys

21  retained by the city or county under this subsection shall

22  constitute reimbursement for any liabilities under RCW 43.135.060.

‑‑‑ END ‑‑‑

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