| Passed by the Senate February 26, 2003 YEAS 49 ________________________________________ President of the Senate Passed by the House April 14, 2003 YEAS 93 ________________________________________ Speaker of the House of Representatives | I, Milton H. Doumit, Jr., Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5396 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 58th Legislature | 2003 Regular Session |
READ FIRST TIME 02/10/03.
AN ACT Relating to court-imposed conditions of deferred prosecutions; and amending RCW 10.05.120 and 10.05.140.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 10.05.120 and 2002 c 219 s 14 are each amended to read
as follows:
(1) Three years after receiving proof of successful completion of
the two-year treatment program, and following proof to the court that
the petitioner has complied with the conditions imposed by the court
following successful completion of the two-year treatment program, but
not before five years following entry of the order of deferred
prosecution pursuant to a petition brought under RCW 10.05.020(1), the
court shall dismiss the charges pending against the petitioner.
(2) When a deferred prosecution is ordered pursuant to a petition
brought under RCW 10.05.020(2) and the court has received proof that
the petitioner has successfully completed the child welfare service
plan, or the plan has been terminated because the alleged victim has
reached his or her majority and there are no other minor children in
the home, the court shall dismiss the charges pending against the
petitioner: PROVIDED, That in any case where the petitioner's parental
rights have been terminated with regard to the alleged victim due to
abuse or neglect that occurred during the pendency of the deferred
prosecution, the termination shall be per se evidence that the
petitioner did not successfully complete the child welfare service
plan.
Sec. 2 RCW 10.05.140 and 1999 c 331 s 4 are each amended to read
as follows:
As a condition of granting a deferred prosecution petition, the
court shall order that the petitioner shall not operate a motor vehicle
upon the public highways without a valid operator's license and proof
of liability insurance. The amount of liability insurance shall be
established by the court at not less than that established by RCW
46.29.490. As a condition of granting a deferred prosecution petition,
the court shall also order the installation of an interlock or other
device under RCW 46.20.720 for a petitioner who has previously been
convicted of a violation of RCW 46.61.502 or 46.61.504 or an equivalent
local ordinance or a petitioner who has been charged with such an
offense and had an alcohol concentration of at least .15, or by reason
of the person's refusal to take a test offered pursuant to RCW
46.20.308 there is no test result indicating the person's alcohol
concentration. For any other petitioner, the court may order the
installation of an interlock device under RCW 46.20.720(1) as a
condition of granting a deferred prosecution petition. As a condition
of granting a deferred prosecution petition, the court may order the
petitioner to make restitution and to pay costs as defined in RCW
10.01.160. To help ensure continued sobriety and reduce the likelihood
of reoffense, the court may order reasonable conditions during the
period of the deferred prosecution including, but not limited to,
attendance at self-help recovery support groups for alcoholism or
drugs, complete abstinence from alcohol and all nonprescribed mind-altering drugs, periodic urinalysis or breath analysis, and maintaining
law-abiding behavior. The court may terminate the deferred prosecution
program upon violation of ((this section)) the deferred prosecution
order.