HB 1500 — Concerning misdemeanor marijuana offense convictions.

H-1718.2SUBSTITUTEH-0600.1HOUSE HOUSE BILL 1500State of Washington66th Legislature2019 Regular SessionByHouseSessionByRepresentatives Public Safety (originally sponsored by Representatives Fitzgibbon, Stanford, Valdez, Frame, Appleton, Senn, Tarleton, Ormsby, Kloba, Walen, Davis, and Macri)READMacriRead FIRSTfirst TIMEtime 02/18/19.AN01/23/19.Referred to Committee on Public Safety.AN ACT Relating to misdemeanor marijuana offense convictions;

and reenacting and amending RCW 9.96.060;9.96.060.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:Sec.

adding a new section to chapter 9.96 RCW;

creating a new section;

and providing an expiration date.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:Sec.

RCW 9.96.060 and 2017 c 336 s 2, 2017 c 272 s 9, and 2017 c 128 s 1 are each reenacted and amended to read as follows:(1) ((EveryEvery person convicted of a misdemeanor ormarijuana grossoffense misdemeanorunder offenseRCW 69.50.4014, who haswas completedtwenty-one allyears of theage termsor ofolder at the sentencetime forof the misdemeanoroffense, or gross misdemeanor offense may apply to the sentencing court for a vacation of the applicant's record of conviction for the offense.

IfThe the court findsshall the applicant meets the tests prescribed in subsection (2) of this section, the court may in its discretion vacate the record of conviction))When the court exercises its discretion to vacate a conviction or is otherwise required to vacate a conviction, the record of conviction is vacated by:

and (b) the court dismissing the information, indictment, complaint, or citation against the applicant and vacating the judgment and sentence.(2) EveryExcept as provided in subsection (1) of this section, every person convicted of a misdemeanor or gross misdemeanor offense who has completed all of the terms of the sentence for the misdemeanor or gross misdemeanor offense may apply to the sentencing court for a vacation of the applicant's record of conviction for the offense.

If the court finds the applicant meets the tests prescribed in this subsection (2),(((2)))(3) of this section, the court may in its discretion vacate the record of conviction inby: accordance with subsection (1) of this section.

Except(a)(i) asPermitting providedthe in subsections (3), (4), and (5) of this section, an applicant mayto notwithdraw have the recordapplicant's ofplea conviction for a misdemeanor or gross misdemeanor offense vacated if any one of theguilty followingand is present:(a) There are any criminal charges against the applicant pending in any court of this state or another state, or in any federal court;(b) The offense was a violent offense as defined in RCW 9.94A.030 or an attempt to commitenter a violentplea offense;(c) The offense was a violation of RCWnot 46.61.502guilty; (driving while under the influence), 46.61.504 (actual physical control while under the influence), 9.91.020 (operating a railroad, etc.

or (ii) if the applicant has been convicted after a plea of not guilty, the court setting aside the verdict of guilty;

and (b) the court dismissing the information, indictment, complaint, or citation against the applicant and vacating the judgment and sentence.(((2)))(3) Pursuant to subsection (2) of this section, an applicant may not have the record of conviction for a misdemeanor or gross misdemeanor offense vacated if any one of the following is present:(a) There are any criminal charges against the applicant pending in any court of this state or another state, or in any federal court;(b) The offense was a violent offense as defined in RCW 9.94A.030 or an attempt to commit a violent offense;(c) The offense was a violation of RCW 46.61.502 (driving while under the influence), 46.61.504 (actual physical control while under the influence), 9.91.020 (operating a railroad, etc.

or(i) The applicant is currently restrained, or has been restrained within five years prior to the vacation application, by a domestic violence protection order, a no-contact order, an antiharassment order, or a civil restraining order which restrains one party from contacting the other party.(3)party.(((3)))(4) Subject to RCW 9.96.070, every person convicted of prostitution under RCW 9A.88.030 who committed the offense as a result of being a victim of trafficking, RCW 9A.40.100, promoting prostitution in the first degree, RCW 9A.88.070, promoting commercial sexual abuse of a minor, RCW 9.68A.101, or trafficking in persons under the trafficking victims protection act of 2000, 22 U.S.C.

7101 et seq., according to the requirements provided in RCW 9.96.070 for each respective conviction.(4)conviction.(((4)))(5) Every person convicted prior to January 1, 1975, of violating any statute or rule regarding the regulation of fishing activities, including, but not limited to, RCW 75.08.260, 75.12.060, 75.12.070, 75.12.160, 77.16.020, 77.16.030, 77.16.040, 77.16.060, and 77.16.240 who claimed to be exercising a treaty Indian fishing right, may apply to the sentencing court for vacation of the applicant's record of the misdemeanor, gross misdemeanor, or felony conviction for the offense.

Oregon 1969), and any posttrial orders of those courts, or any other state supreme court or federal court decision.(5)decision.(((5)))(6)(a) EveryOnce personthe convictedcourt ofvacates a misdemeanorrecord marijuanaof possessionconviction offenseunder whosubsections was(1) twenty-oneand years(2) of agethis orsection, olderthe atperson theshall timebe ofreleased from all penalties and disabilities resulting from the offense mayand applythe tofact that the sentencingperson courthas forbeen aconvicted vacation of the applicant'soffense recordshall ofnot convictionbe forincluded in the offense.person's criminal history for purposes of determining a sentence in any subsequent conviction.

AFor misdemeanorall marijuanapurposes, possession offense includes, but is not limited to, an offense under RCW 69.50.4014, from July 1, 2004, onward, and its predecessor statutes, including RCWresponding 69.50.401(e), from March 21, 1979, to Julyquestions 1,on 2004,employment andor RCWhousing 69.50.401(d),applications, froma Mayperson 21,whose 1971,conviction tohas Marchbeen 21,vacated 1979, and any offense under ansubsections equivalent(1) municipaland ordinance.The restrictions in subsection (2) of this section domay notstate applythat tohe applicationsor undershe thishas subsection.never been convicted of that crime.

Upon receipt of a qualifying application, the court shall vacate the record of conviction in accordance with subsection (1) of this section.(6)(a) Once the court vacates a record of conviction under this section, the person shall be released from all penalties and disabilities resulting from the offense and the fact that the person has been convicted of the offense shall not be included in the person's criminal history for purposes of determining a sentence in any subsequent conviction.

For all purposes, including responding to questions on employment or housing applications, a person whose conviction has been vacated under this section may state that he or she has never been convicted of that crime.

478.11.(((6)))(7) ExceptAll as provided in subsection (5) of this section, all costs incurred by the court and probation services shall be paid by the person making the motion to vacate the record unless a determination is made pursuant to chapter 10.101 RCW that the person making the motion is indigent, at the time the motion is brought.(((7)))(8) The clerk of the court in which the vacation order is entered shall immediately transmit the order vacating the conviction to the Washington state patrol identification section and to the local police agency, if any, which holds criminal history information for the person who is the subject of the conviction.

A conviction that has been vacated under this section may not be disseminated or disclosed by the state patrol or local law enforcement agency to any person, except other criminal justice enforcement agencies.NEWagencies.--- SECTION.  Sec.END ---

2.

(1) By January 1, 2020, the administrative office of the courts shall develop a single master pattern form for applications under RCW 9.96.060(5).(2) This section expires January 1, 2021.NEW SECTION.  Sec.

3.

A new section is added to chapter 9.96 RCW to read as follows:(1) On or before January 1, 2020, county and city prosecuting attorneys shall file motions with applicable sentencing courts to dismiss and vacate all misdemeanor marijuana possession convictions occurring in their respective jurisdictions from January 1, 1998, through December 5, 2012, where defendants were age twenty-one years or older at the time of the offense.

The restrictions under RCW 9.96.060 do not apply to motions filed under this section.

A motion under this section may be filed ex parte and may include multiple defendants.(2) Upon a motion of a prosecuting attorney under subsection (1) of this section, the court shall set aside each guilty plea or verdict, dismiss the information, indictment, complaint, or citation, and vacate the judgment and sentence.

The effect of a vacation under this section must be the same as provided under RCW 9.96.060 (6) and (8).(3) Nothing in this section prohibits an applicant from applying to vacate a conviction under RCW 9.96.060.(4) For the purposes of this section, "misdemeanor marijuana possession offense" includes, but is not limited to, an offense under RCW 69.50.4014 and its predecessor statute, RCW 69.50.401(e), and any offense under an equivalent municipal ordinance.--- END ---