1412-S4 AMH GRAH ADAM 586


4SHB 1412 - H AMD TO H AMD (H-2659.2/22) 891

By Representative Graham

WITHDRAWN 02/10/2022

On page 1 of the striking amendment, strike all material after line 2 and insert the following:

"Sec. RCW 10.82.090 and 2018 c 269 s 1 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, restitution imposed in a judgment shall bear interest from the date of the judgment until payment, at the rate ((applicable to civil judgments)) of two percent. As of June 7, 2018, no interest shall accrue on nonrestitution legal financial obligations. All nonrestitution interest retained by the court shall be split twenty-five percent to the state treasurer for deposit in the state general fund, 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.

(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 as follows:

(a) The court shall waive all interest on the portions of the legal financial obligations that are not restitution that accrued prior to June 7, 2018;

(b) The court may reduce interest on the restitution portion of the legal financial obligations only if the principal has been paid in full and as an incentive for the offender to meet his or her other legal financial obligations. 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.

(3) This section only applies to adult offenders.

Correct the title."

EFFECT:   Strikes all provisions of the striking amendment and instead provides that judgments for restitution bear interest at the rate of two percent (rather than at the rate applicable to civil judgments, which is currently 12 percent).

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