HOUSE BILL REPORT
SHB 1650
As Amended by the Senate
Title: An act relating to citations and infractions.
Brief Description: Decriminalizing refusal to sign citations and notices of infractions issued electronically or by mail.
Sponsors: By House Committee on Criminal Justice & Corrections (originally sponsored by Representatives O'Brien, Newhouse, Lovick and Rodne; by request of Integrated Justice Information Board).
Brief History:
Criminal Justice & Corrections: 2/15/05, 2/22/05 [DPS].
Floor Activity:
Passed House: 2/9/06, 98-0.
Senate Amended.
Passed Senate: 3/3/06, 48-0.
Brief Summary of Substitute Bill |
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HOUSE COMMITTEE ON CRIMINAL JUSTICE & CORRECTIONS
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 6 members: Representatives O'Brien, Chair; Darneille, Vice Chair; Ahern, Assistant Ranking Minority Member; Kagi, Kirby and Strow.
Minority Report: Without recommendation. Signed by 1 member: Representative Pearson, Ranking Minority Member.
Staff: Kathryn Leathers (786-7114).
Background:
Traffic Infractions and Citations:
When issued a traffic infraction, the person cited must sign the ticket in acknowledgment of
his or her receipt of the notice of infraction and as a promise to respond as directed in the
notice. A notice of traffic infraction represents a determination that an infraction has been
committed. Signing the notice of infraction is not a waiver of the right to contest this
determination. A traffic infraction is a non-criminal offense. Failure to sign a notice of
infraction acknowledging receipt of the notice is a gross misdemeanor.
If a law enforcement officer serves a traffic citation and notice to appear on a person who has
been arrested for any violation of the traffic laws or regulations punishable as a misdemeanor,
the person must give his or her written promise to appear in court by signing the citation as a
condition precedent to his or her release. Signing the citation is not an admission of guilt.
Other Civil Infractions:
A civil infraction is a non-criminal offense for which imprisonment may not be imposed.
Civil infraction notices are required by statute to include a statement which the cited person
must sign, stating that he or she promises to respond to the notice of civil infraction in one of
the ways allowed by statute. The notices are also required to state that failure to respond to a
notice of civil infraction as promised or to appear at a requested hearing is a misdemeanor.
Summary of Substitute Bill:
Decriminalizes the refusal to sign a notice of infraction or citation if the notice is issued
electronically or by mail. Continues to allow law enforcement officers that issue notices of
infraction or citation on a paper ticket to require the cited person to sign the notice. If a
person refuses to sign the paper notice of infraction or citation, he or she has committed a
misdemeanor.
EFFECT OF SENATE AMENDMENT(S):
The Senate amendment returns the bill almost to the original House bill. The amendment:
Removes the requirement that a person cited for a traffic infraction or other non-traffic
civil infraction sign the notice of infraction or citation. The original House bill has
identical provisions, whereas the substitute House bill provides that only those notices of
infraction or citation issued electronically or by mail need not be signed. Decriminalizes the refusal to sign notices of infraction or citation. The original House
bill has identical provisions, and the substitute House bill does not address this issue.Provides that, when arrested for a traffic law violation punishable as a misdemeanor, the
requirement that the person sign a notice of written promise to appear in court in order to
secure his or her release is removed. The original House bill has identical provisions, and
the substitute House bill does not address this issue.Specifies that a person who receives a statement of his or her options and the procedures
for responding to a notice of civil infraction, and thereafter fails to exercise one of those
options in a timely manner, is guilty of a misdemeanor. The original House bill provides
that a person who willfully fails to respond to a notice of civil infraction is guilty of a
misdemeanor, and the substitute House bill does not address the issue.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.
Testimony For: (In support) This bill improves the work flow in the criminal justice
community and maximizes the standardization of data and communications technology – all
with no associated costs and no mandate to local law enforcement. Traffic records are key to
everything related to traffic safety. E-tickets are critical to getting data into the computer
system as soon as possible. Paper tickets slow down the system. The Personal Digital
Assistant that accepts electronic signatures are much more expensive than the ones that do
not. Savings under this bill are significant because it will save time and money if the data
that the patrol officers collect in the field does not need to be entered into the system later by
someone else. There is no real need to be concerned regarding the potential for false names
being provided to law enforcement when a notice of infraction is issued without requiring
that the person being cited sign the notice. First, a person is required to provide the law
enforcement officer with an identification (ID) at the time the notice is issued, and officers
routinely check to make sure that the person stopped matches the personal information
contained on the ID. Second, this issue will only affect a very small percentage of the
population. And finally, the state always has the burden of proving identity in order to prove
that the infraction was committed.
(Concerns) While e-ticketing is the wave of the future, there is some concern that no longer
requiring a person to sign for a notice of infraction will increase the frequency of an innocent
person being cited because someone else gave a false name to the officer when cited. The
bill is good legislation but should be amended to provide some protection to those who are
victims of identity theft.
Small jurisdictions that cannot afford to purchase electronic ticketing machines should be
given the option to continue to require a signature on the paper ticket. Being required to sign
for the notice of infraction makes people take responsibility and ownership of the infraction.
Testimony Against: None.
Persons Testifying: (In support) Brian Le Duc, Justice Information Network; Steve Lind,
Washington Traffic Safety Commission; Brett Buckley, District and Municipal Court Judges;
and James McMahan, Washington Association of Sheriffs and Police Chiefs.
(Concerns) Pam Crone, Washington Defenders Association and Washington Association of
Criminal Defense Lawyers; and Tammy Fellin, Association of Washington Cities.