5536-S2.E AMH MOSB PATT 198

E2SSB 5536 - H AMD TO H AMD (H-1919.1/23) 713

By Representative Mosbrucker

NOT ADOPTED 04/11/2023

On page 2, line 37 of the striking amendment, after "(1)(b)" strike "or (c)"

On page 2, at the beginning of line 38 of the striking amendment, strike "a misdemeanor" and insert "a gross misdemeanor"

On page 3, line 6 of the striking amendment, after "(b)" insert "A violation of subsection (1)(c) of this section is a misdemeanor. The prosecutor is encouraged to divert such cases for assessment, treatment, or other services through the recovery navigator program established under RCW 71.24.115 or a comparable program including, but not limited to, arrest and jail alternative programs established under RCW 36.28A.450 and law enforcement assisted diversion programs established under RCW 71.24.589.

(c)"

Renumber the remaining subsections consecutively and correct any internal references accordingly.

On page 3, at the beginning of line 39 of the striking amendment, strike "or (b) of this section is a misdemeanor" and insert "of this section is a gross misdemeanor, and a violation of subsection (1)(b) of this section is a misdemeanor"

On page 15, line 34 of the striking amendment, after "violation of" strike "RCW 69.50.4011(1) (b) or (c), 69.50.4013," and insert "RCW 69.50.4011(1)(c), 69.50.4013(1)(b),"

On page 16, line 2 of the striking amendment, after "years." insert "In courts of limited jurisdiction, if an individual who is convicted of a violation of RCW 69.50.4011(1)(b) or 69.50.4013(1)(a) agrees as a condition of probation to obtain a biopsychosocial assessment by an applicable program and participate in any recommended treatment or services, or, if the applicable program recommends no treatment or services, to complete court-ordered community service, the court shall sentence the individual to a term of confinement of up to 364 days, all of which shall be suspended for a period not to exceed two years."

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