S‑0598.1   _____________________________________________

SENATE BILL 5309

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Constantine, Sheahan, Hewitt, Costa, Parlette, Carlson, Regala, T. Sheldon, Swecker, Jacobsen, B. Sheldon, Kastama, Gardner and Oke

Read first time 01/18/2001.  Referred to Committee on Judiciary.

_1      AN ACT Relating to funding for local government criminal

_2  justice; amending RCW 46.63.110; adding a new section to chapter

_3  46.64 RCW; creating a new section; and prescribing penalties.

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

_5      NEW SECTION. Sec. 1.  The legislature finds that:

_6      (1) The legislature has adopted numerous criminal laws related

_7  to DUI and domestic violence and that implementation of these laws

_8  has created substantial cumulative fiscal impacts on county and

_9  city criminal justice agencies; and

10      (2) In 1999, Initiative 695 repealed the motor vehicle excise

11  tax, from which local governments derived a significant amount of

12  criminal justice funding.  That funding has been only partially

13  replaced.

14      It is the intent of the legislature to provide a source of

15  funds for county and city law enforcement, prosecutors, and courts

16  to help implement the criminal laws it has enacted.  It is the

17  intent of the legislature to increase fines in order to increase

18  revenue to local governments.

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_1     

_2      Sec. 2.  RCW 46.63.110 and 1997 c 331 s 3 are each amended to read

_3  as follows:

_4      (1) A person found to have committed a traffic infraction shall

_5  be assessed a monetary penalty.  No penalty may exceed two hundred

_6  and fifty dollars for each offense unless authorized by this

_7  chapter or title.

_8      (2) The supreme court shall prescribe by rule a schedule of

_9  monetary penalties for designated traffic infractions.  This rule

10  shall also specify the conditions under which local courts may

11  exercise discretion in assessing fines and penalties for traffic

12  infractions.  The legislature respectfully requests the supreme

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

28  of monetary penalties which may be imposed pursuant to this

29  chapter.

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

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

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

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

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

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

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

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

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_1  the penalty provided in subsection (3) of this section has been

_2  paid.

_3      (6) In addition to any other penalties imposed under this

_4  section and not subject to the limitation of subsection (1) of

_5  this section, a person found to have committed a traffic

_6  infraction shall be assessed a fee of five dollars per

_7  infraction.  Under no circumstances shall this fee be reduced or

_8  waived.  Revenue from this fee shall be forwarded to the state

_9  treasurer for deposit in the emergency medical services and trauma

10  care system trust account under RCW 70.168.040.

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

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

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

14  infraction other than of RCW 46.61.527 shall be assessed an

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

16  or suspend the additional penalty unless the court finds the

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

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

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

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

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

22  chapters 2.08, 3.46, 3.50, 3.62, and 35.20 RCW.  Money remitted

23  under this subsection to the state treasurer must be deposited as

24  provided in RCW 43.08.250.  The balance of the revenue received by

25  the county or city treasurer under this subsection must be

26  deposited into the county or city current expense fund.

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

28  RCW to read as follows:

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

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

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

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

33  suspend the additional penalty unless the court finds the offender

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

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

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

37  participation in the community service program.

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_1      (2) Revenue from the additional penalty must be remitted under

_2  chapters 2.08, 3.46, 3.50, 3.62, and 35.20 RCW.  Money remitted

_3  under this section to the state treasurer must be deposited as

_4  provided in RCW 43.08.250.  The balance of the revenue received by

_5  the county or city treasurer under this section must be deposited

_6  into the county or city current expense fund.

‑‑‑ END ‑‑‑

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