CERTIFICATION OF ENROLLMENT
SUBSTITUTE
HOUSE BILL 1117
Chapter 115, Laws of 2001
57th Legislature
2001 Regular Legislative Session
RESTITUTION
OBLIGATIONS--ENFORCEMENT
EFFECTIVE DATE: 7/22/01
|
Passed by the House March 9,
2001
Yeas 96 Nays 0
 FRANK
CHOPP
Speaker of the House
of Representatives
 CLYDE
BALLARD
Speaker of the House of
Representatives
Passed by the Senate April 10,
2001
Yeas 47 Nays 0
|
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 1117 as passed by the House of
Representatives and the Senate on the dates hereon set forth.
 TIMOTHY A. MARTIN
Chief Clerk
CYNTHIA ZEHNDER
Chief Clerk
|
|
BRAD OWEN
President of the Senate
|
|
|
Approved April 27, 2001 Place Style On
Codes above, and Style Off Codes below.
|
FILED
April 27, 2001 - 1:04 p.m.
|
|
|
|
|
GARY LOCKE
Governor of the State of Washington
|
Secretary of State
State of Washington
|
_______________________________________________
SUBSTITUTE
HOUSE BILL 1117
_______________________________________________
Passed
Legislature - 2001 Regular Session
State
of Washington 57th Legislature 2001 Regular Session
By
Read
first time . Referred to Committee on .
Providing procedures for enforcement of court-ordered
restitution obligations in courts of limited jurisdiction.
AN
ACT Relating to enforcement of court-ordered restitution obligations; and
adding new sections to chapter 3.66 RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 3.66 RCW to read as follows:
All
court-ordered restitution obligations that are ordered as a result of a conviction
for a criminal offense in a court of limited jurisdiction may be enforced in
the same manner as a judgment in a civil action by the party or entity to whom
the legal financial obligation is owed. The judgment and sentence must
identify the party or entity to whom restitution is owed so that the state,
party, or entity may enforce the judgment.
All
court-ordered restitution obligations may be enforced at any time during the
ten-year period following the offender's release from total confinement or within
ten years of entry of the judgment and sentence, whichever period is longer.
Prior to the expiration of the initial ten-year period, the court may extend
the criminal judgment an additional ten years for payment of court-ordered
restitution only if the court finds that the offender has not made a good faith
attempt to pay.
The
party or entity to whom the court-ordered restitution obligation is owed may
utilize any other remedies available to the party or entity to collect the
court-ordered financial obligation.
Nothing
in this section may be construed to deprive the court of the authority to
determine whether the offender's failure to pay the legal financial obligation
constitutes a violation of a condition of probation or to impose a sanction
upon the offender if such a violation is found.
NEW
SECTION. Sec. 2. A
new section is added to chapter 3.66 RCW to read as follows:
If
the party or entity for whom a court-ordered restitution obligation has been
entered pursuant to this title seeks to enforce the judgment as a lien on real
estate, he or she shall commence a lien of judgment upon the real estate of the
judgment debtor/obligor as provided in RCW 4.56.200.
When
any court-ordered restitution obligation entered pursuant to this title is paid
or satisfied, the clerk of the court of limited jurisdiction in which the
restitution obligation was ordered shall note upon the record of the court of
limited jurisdiction satisfaction thereof including the date of the satisfaction.
Passed the House March 9, 2001.
Passed the Senate April 10, 2001.
Approved by the Governor
April 27, 2001.
Filed
in Office of Secretary of State April 27, 2001.