SSB 5611 -
By Committee on Judiciary
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 10.82.090 and 2004 c 121 s 1 are each amended to read
as follows:
(1) Except as provided in subsection (2) of this section, financial
obligations imposed in a judgment shall bear interest from the date of
the judgment until payment, at the rate ((applicable to civil
judgments)) specified in RCW 4.56.110(4). All nonrestitution interest
retained by the court shall be split twenty-five percent to the state
treasurer for deposit in the public safety and education account as
provided in RCW 43.08.250, twenty-five percent to the state treasurer
for deposit in the judicial information system account as provided in
RCW 2.68.020, twenty-five percent to the county current expense fund,
and twenty-five percent to the county current expense fund to fund
local courts. The rate of interest specified in this subsection
applies to the accrual of interest as of the date of entry of judgment
with respect to a judgment that is entered on or after the effective
date of this act, and applies to the accrual of interest as of the
effective date of this act with respect to a judgment that was entered
before the effective date of this act and is still accruing interest on
the effective date of this act.
(2) The court may, on motion by the offender, following the
offender's release from total confinement, reduce or waive the interest
on legal financial obligations levied as a result of a criminal
conviction. The court may reduce or waive the interest only as an
incentive for the offender to meet his or her legal financial
obligations. The court may not waive the interest on the restitution
portion of the legal financial obligation and may only reduce the
interest on the restitution portion of the legal financial obligation
if the principal of the restitution has been paid in full. The
offender must show that he or she has personally made a good faith
effort to pay, that the interest accrual is causing a significant
hardship, and that he or she will be unable to pay the principal and
interest in full and that reduction or waiver of the interest will
likely enable the offender to pay the full principal and any remaining
interest thereon. For purposes of this section, "good faith effort"
means that the offender has either (a) paid the principal amount in
full; or (b) made twenty-four consecutive monthly payments, excluding
any payments mandatorily deducted by the department of corrections, on
his or her legal financial obligations under his or her payment
agreement with the court. The court may grant the motion, establish a
payment schedule, and retain jurisdiction over the offender for
purposes of reviewing and revising the reduction or waiver of interest.
This section applies to persons convicted as adults or in juvenile
court.
Sec. 2 RCW 4.56.110 and 2004 c 185 s 2 are each amended to read
as follows:
Interest on judgments shall accrue as follows:
(1) Judgments founded on written contracts, providing for the
payment of interest until paid at a specified rate, shall bear interest
at the rate specified in the contracts: PROVIDED, That said interest
rate is set forth in the judgment.
(2) All judgments for unpaid child support that have accrued under
a superior court order or an order entered under the administrative
procedure act shall bear interest at the rate of twelve percent.
(3) Judgments founded on the tortious conduct of individuals or
other entities, whether acting in their personal or representative
capacities, shall bear interest from the date of entry at two
percentage points above the equivalent coupon issue yield, as published
by the board of governors of the federal reserve system, of the average
bill rate for twenty-six week treasury bills as determined at the first
bill market auction conducted during the calendar month immediately
preceding the date of entry. In any case where a court is directed on
review to enter judgment on a verdict or in any case where a judgment
entered on a verdict is wholly or partly affirmed on review, interest
on the judgment or on that portion of the judgment affirmed shall date
back to and shall accrue from the date the verdict was rendered.
(4) Legal financial obligations imposed in judgments pertaining to
offenders referred to in RCW 10.82.090 shall bear interest from the
date of entry at two percentage points above the equivalent coupon
issue yield, as published by the board of governors of the federal
reserve system, of the average bill rate for twenty-six week treasury
bills as determined at the first bill market auction conducted in the
month of December immediately preceding the date of entry. The
interest rate on all judgments for legal financial obligations of
offenders referred to in RCW 10.82.090 shall be readjusted annually on
the first day of January of each year to reflect the interest rate
based upon the first bill market auction held each preceding December,
and shall accrue at that rate during the succeeding calendar year.
(5) Except as provided under subsections (1), (2), ((and)) (3), and
(4) of this section, judgments shall bear interest from the date of
entry at the maximum rate permitted under RCW 19.52.020 on the date of
entry thereof. In any case where a court is directed on review to
enter judgment on a verdict or in any case where a judgment entered on
a verdict is wholly or partly affirmed on review, interest on the
judgment or on that portion of the judgment affirmed shall date back to
and shall accrue from the date the verdict was rendered. ((The method
for determining an interest rate prescribed by this subsection is also
the method for determining the "rate applicable to civil judgments" for
purposes of RCW 10.82.090.))"
EFFECT: Makes a technical amendment to delete a provision stating that the interest rate for legal financial obligations is the "rate applicable to civil judgments" (which is the higher of 12% or t-bill plus 4%).