HB 1994 — Concerning judicial dismissal of a misdemeanor following completion of court-ordered conditions.

H-2727.2H-2203.2 SUBSTITUTE HOUSE BILL 1994 State of Washington 68th Legislature 2024 Regular Session By House Community Safety, Justice, & Reentry (originally sponsored by Representatives Farivar, Goodman, Reed, Alvarado, Ramos, Cortes, Morgan, Reeves, Simmons, Ormsby, Macri, Street, Fosse, and Pollet)Pollet READPrefiled FIRST12/20/23. TIME 01/22/24.

Read first time 01/08/24.

Referred to Committee on Community Safety, Justice, & Reentry.

amending RCW 46.20.270;

(1) InThe a court of limited jurisdiction, the court may, in its discretion, or upon motion of either party, offer to dismiss a defendant's simple misdemeanor or gross misdemeanor charge pursuant to the following:

The(b)(i) If the defendant has made meaningful progress towards complying with the imposed terms and conditions, either at the end of or at any point during the continuance period, the court shall ruledismiss on the motioncharges inpending openagainst court.the defendant.

(b)(i) If the defendant has substantially complied with the imposed terms and conditions, either at the end of or at any point during the continuance period, the court shall dismiss the charges pending against the defendant.

However, a defendant's inability to pay restitution due to indigence may not be grounds for denial of this dismissal following progress towards complying with court-ordered p.

1 SHBHB 1994 dismissal following progress towards complying with court-ordered conditions or as a basis for finding that the defendant has failed to substantiallymake complymeaningful progress in complying with the court's conditions.

(c) If it appears to the prosecuting attorney that the defendant is not substantiallymeaningfully complyingengaged with the terms and conditions, after providing the defendant with written notice of the alleged violations and disclosure of all evidence to be offered against the defendant, the court shall hold a hearing to determine whether the defendant has, by aclear preponderanceand ofconvincing the evidence, willfully failed to substantiallymeaningfully complyengage with the terms and conditions set by the court.

and (iii) IfTo theprotect courtboth findsservice byproviders' aefficacy preponderanceand of the evidenceprivacy thatof theprovider-client defendantrelationships, isservice willfullyproviders failingmay tonot substantiallybe complysubpoenaed withby the termsprosecution andor conditions, the court may continue the hearing to provide additionalrecords time for substantial compliance or maytestimony endin theany periodrevocation ofproceeding; continuance pending dismissal.

(d)and (iv) If the court offersfinds toby dismissclear aand defendant'sconvincing simpleevidence misdemeanorthat orthe grossdefendant misdemeanoris charge,willfully anyfailing writtento confirmationmeaningfully ofengage completionwith ofthe anterms assessmentand orconditions, statement indicating the defendant'scourt enrollmentmay orcontinue referralthe hearing to aprovide specificadditional servicetime orfor program,meaningful orengagement any written updates regarding treatment or services,may mustend bethe consideredperiod aof treatmentcontinuance evaluationpending ordismissal. compliance form ordered by the court.

(e) Admissions made by the defendant in the course of receiving treatment or services pursuant to the offer to dismiss may not be used against the defendant in the prosecution's case in chief.

(a) A violation of RCW 46.61.502 where a person has a previous conviction under RCW 46.61.502 or 46.61.504;the person has one or more prior offenses within 10 years as described in RCW 46.61.5055(4), or the person has ever previously been convicted of:

(b)(i) AVehicular domestichomicide violencewhile offenseunder involvingthe aninfluence intimateof partnerintoxicating asliquor definedor inany drug, RCW 7.105.010;46.61.520(1)(a);

(c)or Stalking(ii) Vehicular assault while under the influence of intoxicating liquor or any drug, RCW 9A.46.110(5)(a);46.61.522(1)(b);

(d)or (b) A violationdomestic ofviolence offense involving an intimate partner as defined in RCW 9.41.230;7.105.010.

(e) Animal cruelty in the second degree committed under the circumstances described in RCW 16.52.207(1);

2 SHBHB 1994 (f)NEW AssaultSECTION. in the fourth degree under RCW 9A.36.041;

(g) Any offense with a finding of sexual motivation under RCW 9.94A.835 or 13.40.135;

(h) Communication with a minor or someone believed to be a minor for immoral purposes under RCW 9.68A.090(1);

(i) Any traffic offense involving a commercial driver's license or a commercial learner's permit, or involving the operation of a commercial motor vehicle;

or (j) Any offense that was originally filed as a felony charge and subsequently amended to, or refiled as, a gross misdemeanor or misdemeanor charge.

RCW 46.20.270 and 2015 c 189 s 1 are each amended to read as follows:

(1) Every court having jurisdiction over offenses committed under this chapter, or any other act of this state or municipal ordinance adopted by a local authority regulating the operation of motor vehicles on highways, or any federal authority having jurisdiction over offenses substantially the same as those set forth in this title which occur on federal installations within this state, shall immediately forward to the department a forfeiture of bail or collateral deposited to secure the defendant's appearance in court, a payment of a fine, penalty, or court cost, a plea of guilty or nolo contendere or a finding of guilt, or a finding that any person has committed a traffic infraction an abstract of the court record in the form prescribed by rule of the supreme court, showing the conviction of any person or the finding that any person has committed a traffic infraction in said court for a violation of any said laws other than regulations governing standing, stopping, parking, and pedestrian offenses.

(2) Every state agency or municipality having jurisdiction over offenses committed under this chapter, or under any other act of this state or municipal ordinance adopted by a state or local authority regulating the operation of motor vehicles on highways, may forward to the department within ten days of failure to respond, failure to pay a penalty, failure to appear at a hearing to contest the determination that a violation of any statute, ordinance, or regulation relating to standing, stopping, parking, or civil penalties issued under RCW 46.63.160 has been committed, or failure to appear at a hearing to explain mitigating circumstances, an p.

3 SHB 1994 abstract of the citation record in the form prescribed by rule of the department, showing the finding by such municipality that two or more violations of laws governing standing, stopping, and parking or one or more civil penalties issued under RCW 46.63.160 have been committed and indicating the nature of the defendant's failure to act.

Such violations or infractions may not have occurred while the vehicle is stolen from the registered owner.

The department may enter into agreements of reciprocity with the duly authorized representatives of the states for reporting to each other violations of laws governing standing, stopping, and parking.

(3) For the purposes of this title and except as defined in RCW 46.25.010, "conviction" means a final conviction in a state or municipal court or by any federal authority having jurisdiction over offenses substantially the same as those set forth in this title which occur on federal installations in this state, an unvacated forfeiture of bail or collateral deposited to secure a defendant's appearance in court, the payment of a fine or court cost, a plea of guilty or nolo contendere, or a finding of guilt on a traffic law violation charge, regardless of whether the imposition of sentence or sanctions are deferred or the penalty is suspended, but not including entry into a deferred prosecution agreement under chapter 10.05 RCW or entry into a judicially authorized dismissal of a misdemeanor or gross misdemeanor following substantial compliance with court-ordered conditions under section 1 of this act.

(4) Perfection of a notice of appeal shall stay the execution of the sentence pertaining to the withholding of the driving privilege.

(5) For the purposes of this title, "finding that a traffic infraction has been committed" means a failure to respond to a notice of infraction or a determination made by a court pursuant to this chapter.

Payment of a monetary penalty made pursuant to RCW 46.63.070(2) is deemed equivalent to such a finding.

NEW SECTION.

Sec.

3.

43 SHBHB 1994