Washington 2021-2022 Regular Session Status: Enacted 11 D cosponsors

HB 1412 — Concerning legal financial obligations.

Last action — Effective date 1/1/2023.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 28, 2021. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 82% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 12 sponsors

    1 primary, 11 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (11 D).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

1630 added · 1640 removed

Plain-language change summary

The amendment to HB 1412 changes how courts assess an offender's ability to pay restitution to insurers or entities. Previously, courts would determine an offender’s payment capability based on current or future ability, but the revised text specifies that an offender can prove they cannot pay if they reasonably demonstrate a lack of means. Additionally, the definition of not making a good faith effort to pay has been clarified, as offenders will now only be found in violation if they willfully fail to pay. These changes are significant because they aim to ensure that individuals who genuinely cannot afford to pay restitution are not unduly penalized while also providing clearer guidelines for enforcement.

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H-0861.3 SUBSTITUTE HOUSE BILL 1412 State of Washington 67th Legislature 2021 Regular Session By House Civil Rights & Judiciary (originally sponsored by Representatives Simmons, Goodman, Davis, Valdez, Berry, Taylor, Fitzgibbon, Peterson, Ormsby, Harris-Talley, Pollet, and Macri) READ FIRST TIME 02/12/21.
H-0501.2 HOUSE BILL 1412 State of Washington 67th Legislature 2021 Regular Session By Representatives Simmons, Goodman, Davis, Valdez, Berry, Taylor, Fitzgibbon, Peterson, Ormsby, Harris-Talley, Pollet, and Macri Read first time 01/28/21.
Referred to Committee on Civil Rights & Judiciary.
adding a new section to chapter 3.66 RCW;
and adding a new section to chapter 3.66 RCW.
and creating a new section.
(2) At any time, the court may determine that the offender is not required to pay, or may relieve the offender of the requirement to pay, full or partial restitution and accrued interest on restitution to any insurer or entity that is not an individual if the court finds p.
(2) At any time, the court may determine that the offender is not required to pay, or may relieve the offender of the requirement to pay, full or partial restitution and accrued interest on restitution to any insurer or entity that is not an individual if the offender p.
1 SHB 1412 that the offender does not have the current or likely future ability to make full or partial restitution to the insurer or entity that is not an individual.
1 HB 1412 reasonably satisfies to the court that he or she does not have the means to make full or partial restitution to the insurer or entity that is not an individual.
(3) All court-ordered restitution obligations may be enforced at any time during the ((ten-year)) 10-year period following the offender's release from total confinement or within ((ten)) 10 years of entry of the judgment and sentence, whichever period is longer.
All court-ordered restitution obligations may be enforced at any time during the ((ten-year)) 10-year period following the offender's release from total confinement or within ((ten)) 10 years of entry of the judgment and sentence, whichever period is longer.
Prior to the expiration of the initial ((ten-year)) 10-year period, the court may extend the criminal judgment an additional ((ten)) 10 years for payment of court-ordered restitution only if the court finds that the offender ((has not made a good faith attempt to pay)) has the current or likely future ability to pay the restitution obligation.
Prior to the expiration of the initial ((ten-year)) 10-year period, the court may extend the criminal judgment an additional ((ten)) 10 years for payment of court-ordered restitution only if the court finds that the offender ((has not made a good faith attempt to pay)) willfully failed to pay the restitution obligation, as described in RCW 9.94A.6333 and 9.94B.040.
A person does not have the current ability to pay if the person is indigent as defined in RCW 10.01.160(3).
The party or entity to whom the court-ordered restitution obligation is owed may utilize any other remedies available to the party or entity to collect the court-ordered financial obligation.
(4) The party or entity to whom the court-ordered restitution obligation is owed may utilize any other remedies available to the party or entity to collect the court-ordered financial obligation.
Nothing in this section may be construed to deprive the court of the authority to determine whether the offender's failure to pay the legal financial obligation constitutes a violation of a condition of probation or to impose a sanction upon the offender if such a violation is found.
(5) Nothing in this section may be construed to deprive the court of the authority to determine whether the offender's failure to pay the legal financial obligation constitutes a violation of a condition of probation or to impose a sanction upon the offender if such a violation is found.
An offender's p.
An offender's inability to make restitution payments while in total confinement may p.
2 SHB 1412 inability to make restitution payments while in total confinement may not be the basis for a violation of his or her sentence unless his or her inability to make payments resulted from a refusal to accept an employment offer to a class I or class II job or a termination for cause from such a job.
2 HB 1412 not be the basis for a violation of his or her sentence unless his or her inability to make payments resulted from a refusal to accept an employment offer to a class I or class II job or a termination for cause from such a job.
(b) At any time, the court may determine that the offender is not required to pay, or may relieve the offender of the requirement to pay, full or partial restitution and accrued interest on restitution to any insurer or entity that is not an individual if the court finds that the offender does not have the current or likely future ability to make full or partial restitution to the insurer or entity that is not an individual.
(b) At any time, the court may determine that the offender is not required to pay, or may relieve the offender of the requirement to pay, full or partial restitution and accrued interest on restitution to any insurer or entity that is not an individual if the offender reasonably satisfies to the court that he or she does not have the means to make full or partial restitution to the insurer or entity that is not an individual.
(ii) "Individual" means any person who has sustained financial or nonfinancial injury to person or financial damage to property as the direct result of the offender's crime, for which the court has ordered the offender to provide direct compensation, and who has not or will not be compensated by a third party for the losses incurred.
(ii) "Individual" means any person who has sustained financial injury to person or property as the direct result of the offender's crime, for which the court has ordered the offender to provide direct compensation, and who has not or will not be compensated by a third party for the losses incurred.
3 SHB 1412 (iii) "Insurer" means any insurer as defined and authorized under Title 48 RCW, and any business, corporation, governmental body, municipal corporation, or other organization of more than 50 employees or members who are self-insured, or any other organization formed for the purposes of jointly self-insuring or self-funding.
3 HB 1412 (iii) "Insurer" means any insurer as defined and authorized under Title 48 RCW, and any business, corporation, governmental body, municipal corporation, or other organization of more than 50 employees or members who are self-insured, or any other organization formed for the purposes of jointly self-insuring or self-funding.
Prior to the expiration of the initial ((ten-year)) 10-year period, the superior court may extend jurisdiction under the criminal judgment an additional ((ten)) 10 years for payment of restitution only if the court finds that the offender has the current or likely future ability to pay the restitution obligation.
Prior to the expiration of the initial ((ten-year)) 10-year period, the superior court may extend jurisdiction under the criminal judgment an additional ((ten)) 10 years for payment of restitution only if the court finds that the offender has willfully failed to pay the restitution obligation, as described in RCW 9.94A.6333 and 9.94B.040.
A person does not have the current ability to pay if the person is indigent as defined in RCW 10.01.160(3).
In p.
In addition, restitution may be ordered to pay for an injury, loss, or p.
4 SHB 1412 addition, restitution may be ordered to pay for an injury, loss, or damage if the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement.
4 HB 1412 damage if the offender pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement.
(8) This section does not limit civil remedies or defenses available to the victim or offender including support enforcement remedies for support ordered under subsection (6) of this section for p.
(8) This section does not limit civil remedies or defenses available to the victim or offender including support enforcement remedies for support ordered under subsection (6) of this section for a child born as a result of a rape of a child victim.
5 SHB 1412 a child born as a result of a rape of a child victim.
The court shall p.
The court shall identify in the judgment and sentence the victim or victims entitled to restitution and what amount is due each victim.
5 HB 1412 identify in the judgment and sentence the victim or victims entitled to restitution and what amount is due each victim.
(3)(a) Except as provided in subsection (6) of this section, restitution ordered by a court pursuant to a criminal conviction p.
(3)(a) Except as provided in subsection (6) of this section, restitution ordered by a court pursuant to a criminal conviction shall be based on easily ascertainable damages for injury to or loss p.
6 SHB 1412 shall be based on easily ascertainable damages for injury to or loss of property, actual expenses incurred for treatment for injury to persons, and lost wages resulting from injury.
6 HB 1412 of property, actual expenses incurred for treatment for injury to persons, and lost wages resulting from injury.
(b) At any time, the court may determine that the offender is not required to pay, or may relieve the offender of the requirement to pay, full or partial restitution and accrued interest on restitution to any insurer or entity that is not an individual if the court finds that the offender does not have the current or likely future ability to make full or partial restitution to the insurer or entity that is not an individual.
(b) At any time, the court may determine that the offender is not required to pay, or may relieve the offender of the requirement to pay, full or partial restitution and accrued interest on restitution to any insurer or entity that is not an individual if the offender reasonably satisfies to the court that he or she does not have the means to make full or partial restitution to the insurer or entity that is not an individual.
Prior to the expiration of the initial ((ten-year)) 10-year period, the superior court may extend jurisdiction under the criminal judgment an additional ((ten)) 10 years for payment of restitution only if the court finds that the offender has the current or likely future ability to pay the restitution obligation.
Prior to the expiration of the initial ((ten-year)) 10-year period, the superior court may extend jurisdiction under the criminal judgment an additional ((ten)) 10 years for payment of restitution only if the court finds that the offender has willfully failed to pay the restitution obligation, as described in RCW 9.94A.6333 and 9.94B.040.
A person does not have the current ability to pay if the person is indigent as defined in RCW 10.01.160(3).
The offender's compliance with the restitution shall be supervised by the department only during any period which p.
The offender's compliance with the restitution shall be supervised by the department only during any period which the department is authorized to supervise the offender in the community under RCW 9.94A.728, 9.94A.501, or in which the offender is p.
7 SHB 1412 the department is authorized to supervise the offender in the community under RCW 9.94A.728, 9.94A.501, or in which the offender is in confinement in a state correctional institution or a correctional facility pursuant to a transfer agreement with the department, and the department shall supervise the offender's compliance during any such period.
7 HB 1412 in confinement in a state correctional institution or a correctional facility pursuant to a transfer agreement with the department, and the department shall supervise the offender's compliance during any such period.
For the purposes of this subsection, the offender shall remain under the court's jurisdiction until the offender has satisfied support obligations under the superior court or administrative order for the period provided in RCW 4.16.020 or a maximum term of ((twenty-five)) 25 years following the offender's p.
For the purposes of this subsection, the offender shall remain under the court's jurisdiction until the offender has satisfied support obligations under the superior court or administrative order for the period provided in RCW 4.16.020 or a maximum term of ((twenty-five)) 25 years following the offender's release from total confinement or ((twenty-five)) 25 years subsequent to the entry of the judgment and sentence, whichever period is p.
8 SHB 1412 release from total confinement or ((twenty-five)) 25 years subsequent to the entry of the judgment and sentence, whichever period is longer.
8 HB 1412 longer.
p.
(10) If a person has caused a victim to lose money or property through the filing of a vehicle report of sale in which the designated buyer had no knowledge of the vehicle transfer or the p.
9 SHB 1412 (10) If a person has caused a victim to lose money or property through the filing of a vehicle report of sale in which the designated buyer had no knowledge of the vehicle transfer or the fraudulent filing of the report of sale, upon conviction or when the offender pleads guilty and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim, the court may order the defendant to pay an amount, fixed by the court, not to exceed double the amount of the defendant's gain or victim's loss from the filing of the vehicle report of sale in which the designated buyer had no knowledge of the vehicle transfer or the fraudulent filing of the report of sale.
9 HB 1412 fraudulent filing of the report of sale, upon conviction or when the offender pleads guilty and agrees with the prosecutor's recommendation that the offender be required to pay restitution to a victim, the court may order the defendant to pay an amount, fixed by the court, not to exceed double the amount of the defendant's gain or victim's loss from the filing of the vehicle report of sale in which the designated buyer had no knowledge of the vehicle transfer or the fraudulent filing of the report of sale.
On the same order, the court is also to set a sum that the offender is required to pay on a p.
On the same order, the court is also to set a sum that the offender is required to pay on a monthly basis towards satisfying the legal financial obligation.
10 SHB 1412 monthly basis towards satisfying the legal financial obligation.
If the court fails to set the offender monthly payment amount, the department shall set the amount if the department has active p.
If the court fails to set the offender monthly payment amount, the department shall set the amount if the department has active supervision of the offender, otherwise the county clerk shall set the amount.
10 HB 1412 supervision of the offender, otherwise the county clerk shall set the amount.
If the court chooses not to order the immediate issuance of a notice of payroll deduction at sentencing, the court shall add to the judgment and sentence or subsequent order to pay a statement that a notice of payroll deduction may be issued or other income-withholding action may be taken, without further notice to the offender if a monthly court-ordered legal financial obligation p.
If the court chooses not to order the immediate issuance of a notice of payroll deduction at sentencing, the court shall add to the judgment and sentence or subsequent order to pay a statement that a notice of payroll deduction may be issued or other income-withholding action may be taken, without further notice to the offender if a monthly court-ordered legal financial obligation payment is not paid when due, and an amount equal to or greater than the amount payable for one month is owed.
11 SHB 1412 payment is not paid when due, and an amount equal to or greater than the amount payable for one month is owed.
If a judgment and sentence or subsequent order to pay does not include the statement that a notice of payroll deduction may be p.
If a judgment and sentence or subsequent order to pay does not include the statement that a notice of payroll deduction may be issued or other income-withholding action may be taken if a monthly legal financial obligation payment is past due, the department or the county clerk may serve a notice on the offender stating such requirements and authorizations.
11 HB 1412 issued or other income-withholding action may be taken if a monthly legal financial obligation payment is past due, the department or the county clerk may serve a notice on the offender stating such requirements and authorizations.
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All other legal financial obligations ((for an offense committed prior to July 1, 2000,)) may be enforced at any time during the ten-year period following the offender's release from total confinement or within ((ten)) 10 years of entry of the judgment and sentence, whichever period ends later.
All other ((legal financial obligations for an offense committed prior to July 1, 2000,)) restitution obligations may be enforced at any time during the ten- year period following the offender's release from total confinement or within ((ten)) 10 years of entry of the judgment and sentence, whichever period ends later.
Prior to the expiration of the initial ((ten-year)) 10-year period, the superior court may extend the criminal judgment an additional ((ten)) 10 years for payment of legal financial obligations including crime victims' assessments((.
Prior to the expiration of the initial ((ten-year)) 10-year period, the superior court may extend the criminal judgment an additional ((ten)) 10 years for payment of ((legal financial obligations including crime victims' assessments.
For an offense committed on or after July 1, 2000, the court shall retain jurisdiction over the offender, for purposes of the offender's p.
For an offense committed on or after July 1, 2000, the court shall retain jurisdiction over the offender, for purposes of the offender's compliance with payment of the legal financial obligations, until the obligation is completely satisfied, regardless of the statutory maximum for the crime)) restitution only if the court finds that the offender has willfully failed to pay the p.
12 SHB 1412 compliance with payment of the legal financial obligations, until the obligation is completely satisfied, regardless of the statutory maximum for the crime)) only if the court finds that the offender has the current or likely future ability to pay the obligations.
12 HB 1412 restitution obligation as described in RCW 9.94A.6333 and 9.94B.040.
A person does not have the current ability to pay if the person is indigent as defined in RCW 10.01.160(3).
All legal financial obligations other than restitution may be enforced at any time during the five-year period following the offender's release from total confinement or within five years of entry of the judgment and sentence, whichever period ends later.
13 SHB 1412 the offender is required under oath to respond truthfully and honestly to all questions concerning earning capabilities and the location and nature of all property or financial assets.
13 HB 1412 the offender is required under oath to respond truthfully and honestly to all questions concerning earning capabilities and the location and nature of all property or financial assets.
14 SHB 1412 the administrative office of the courts, whichever is providing the monthly billing for the offender.
14 HB 1412 the administrative office of the courts, whichever is providing the monthly billing for the offender.
15 SHB 1412 of these legal financial obligations or for the acts of any offender who is no longer, or was not, subject to supervision by the department for a term of community custody, and who remains under the jurisdiction of the court for payment of legal financial obligations.
15 HB 1412 of these legal financial obligations or for the acts of any offender who is no longer, or was not, subject to supervision by the department for a term of community custody, and who remains under the jurisdiction of the court for payment of legal financial obligations.
16 SHB 1412 shall be the fee for filing the first or initial paper in a civil action in the superior court where the judgment was transcribed.
16 HB 1412 shall be the fee for filing the first or initial paper in a civil action in the superior court where the judgment was transcribed.
The clerk of superior court, or a party designated by the clerk, may seek extension under subsection (3) of this section for purposes of collection as allowed under RCW 36.18.190, ((provided that no)) only if the court finds that the offender has the current or likely future ability to pay the restitution obligation.
The clerk of superior court, or a party designated by the clerk, may seek extension under subsection (3) of this section for purposes of collection as allowed under RCW 36.18.190, ((provided that no)) only if the court finds that the offender has willfully failed to pay the restitution obligation, as described in RCW 9.94A.6333 and 9.94B.040.
A person does not have the current ability to pay if the person is indigent as defined in RCW 10.01.160(3).
Prior to the expiration of the initial five-year period, the superior court may extend the criminal judgment an additional five years for payment of nonrestitution legal financial obligations only if the court finds that the offender has the current or likely future ability to pay the obligations.
(6) "Court" as used in this section includes but is not limited to the United States supreme court, the United States courts of appeals, the United States district courts, the United States bankruptcy courts, the Washington state supreme court, the court of appeals of the state of Washington, superior courts and district courts of the counties of the state of Washington, and courts of other states and jurisdictions from which judgment has been filed in this state under chapter 6.36 or 6.40 RCW.
A person does not have the current ability to pay if the person is indigent as defined in RCW 10.01.160(3).
17 SHB 1412 (6) "Court" as used in this section includes but is not limited to the United States supreme court, the United States courts of appeals, the United States district courts, the United States bankruptcy courts, the Washington state supreme court, the court of appeals of the state of Washington, superior courts and district courts of the counties of the state of Washington, and courts of other states and jurisdictions from which judgment has been filed in this state under chapter 6.36 or 6.40 RCW.
17 HB 1412 (((6))) (7) The perfection of any judgment lien and the priority of that judgment lien on property as established by RCW 6.13.090 and chapter 4.56 RCW is not altered by the extension of the judgment pursuant to the provisions of this section and the lien remains in full force and effect and does not have to be rerecorded after it is extended.
(((6))) (7) The perfection of any judgment lien and the priority of that judgment lien on property as established by RCW 6.13.090 and chapter 4.56 RCW is not altered by the extension of the judgment pursuant to the provisions of this section and the lien remains in full force and effect and does not have to be rerecorded after it is extended.
(1) Whenever any person is convicted of any crime except murder, burglary in the first degree, arson in the first degree, robbery, rape of a child, or rape, the superior court may, in its discretion, at the time of imposing sentence upon such person, direct that such sentence be stayed and suspended until otherwise ordered by the p.
(1) Whenever any person is convicted of any crime except murder, burglary in the first degree, arson in the first degree, robbery, rape of a child, or rape, the superior court may, in its discretion, at the time of imposing sentence upon such person, direct that such sentence be stayed and suspended until otherwise ordered by the superior court, and, upon such terms as the superior court may determine, that the sentenced person be placed under the charge of:
18 SHB 1412 superior court, and, upon such terms as the superior court may determine, that the sentenced person be placed under the charge of:
(2) As a condition to suspension of sentence, the superior court shall require the payment of the penalty assessment required by RCW 7.68.035.
p.
18 HB 1412 (2) As a condition to suspension of sentence, the superior court shall require the payment of the penalty assessment required by RCW 7.68.035.
(3) At any time, the court may determine that the offender is not required to pay, or may relieve the offender of the requirement to pay, full or partial restitution and accrued interest on restitution to any insurer or entity that is not an individual if the court finds that the offender does not have the current or likely future ability to make full or partial restitution to the insurer or entity that is not an individual.
(3) At any time, the court may determine that the offender is not required to pay, or may relieve the offender of the requirement to pay, full or partial restitution and accrued interest on restitution to any insurer or entity that is not an individual if the offender reasonably satisfies to the court that he or she does not have the means to make full or partial restitution to the insurer or entity that is not an individual.
If the county legislative authority has elected to assume responsibility for the supervision of superior court misdemeanant probationers within p.
If the county legislative authority has elected to assume responsibility for the supervision of superior court misdemeanant probationers within its jurisdiction, the superior court misdemeanant probationer shall report to a probation officer employed or contracted for by the county.
19 SHB 1412 its jurisdiction, the superior court misdemeanant probationer shall report to a probation officer employed or contracted for by the county.
(((4))) (5) If restitution to the victim has been ordered under subsection (2)(b) of this section and the superior court has ordered supervision, the officer supervising the probationer shall make a reasonable effort to ascertain whether restitution has been made as ordered.
(((4))) (5) If restitution to the victim has been ordered under subsection (2)(b) of this section and the superior court has ordered p.
19 HB 1412 supervision, the officer supervising the probationer shall make a reasonable effort to ascertain whether restitution has been made as ordered.
p.
(2) In the order granting probation and as a condition thereof, the superior court may in its discretion imprison the defendant in the county jail for a period not exceeding one year and may fine the defendant any sum not exceeding the statutory limit for the offense committed, and court costs.
20 SHB 1412 (2) In the order granting probation and as a condition thereof, the superior court may in its discretion imprison the defendant in the county jail for a period not exceeding one year and may fine the defendant any sum not exceeding the statutory limit for the offense committed, and court costs.
The superior court may also require the defendant to make such monetary payments, on such terms as it deems appropriate under the circumstances, as are necessary:
The superior court may also require the defendant to make such monetary payments, on such terms as it deems appropriate p.
20 HB 1412 under the circumstances, as are necessary:
(4) At any time, the court may determine that the offender is not required to pay, or may relieve the offender of the requirement to p.
(4) At any time, the court may determine that the offender is not required to pay, or may relieve the offender of the requirement to pay, full or partial restitution and accrued interest on restitution to any insurer or entity that is not an individual if the offender reasonably satisfies to the court that he or she does not have the means to make full or partial restitution to the insurer or entity that is not an individual.
21 SHB 1412 pay, full or partial restitution and accrued interest on restitution to any insurer or entity that is not an individual if the court finds that the offender does not have the current or likely future ability to make full or partial restitution to the insurer or entity that is not an individual.
(5) In granting probation, the superior court may order the probationer to report to the secretary of corrections or such officer as the secretary may designate and as a condition of the probation to follow the instructions of the secretary for up to twelve months.
p.
21 HB 1412 (5) In granting probation, the superior court may order the probationer to report to the secretary of corrections or such officer as the secretary may designate and as a condition of the probation to follow the instructions of the secretary for up to twelve months.
p.
A defendant who has been ordered to pay fines and who has not willfully failed to pay the obligation, as described in RCW 9.94A.6333 and 9.94B.040, may at any time petition the sentencing court for remission of the payment of fines or of any unpaid portion thereof.
22 SHB 1412 A defendant who has been ordered to pay fines and who has not willfully failed to pay the obligation, as described in RCW 9.94A.6333 and 9.94B.040, may at any time petition the sentencing court for remission of the payment of fines or of any unpaid portion thereof.
If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may remit all or part of p.
If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may remit all or part of the amount due in fines, modify the method of payment under RCW 10.01.170, or convert the unpaid amounts to community restitution hours, if the jurisdiction operates a community restitution program, at the rate of no less than the state minimum wage established in RCW 49.46.020 for each hour of community restitution.
22 HB 1412 the amount due in fines, modify the method of payment under RCW 10.01.170, or convert the unpaid amounts to community restitution hours, if the jurisdiction operates a community restitution program, at the rate of no less than the state minimum wage established in RCW 49.46.020 for each hour of community restitution.
Costs of incarceration imposed on a defendant convicted of a misdemeanor or a gross misdemeanor may not p.
Costs of incarceration imposed on a defendant convicted of a misdemeanor or a gross misdemeanor may not exceed the actual cost of incarceration.
23 SHB 1412 exceed the actual cost of incarceration.
All funds received from defendants for the cost of incarceration in the county or city jail must be remitted for criminal justice purposes to the county or city that is responsible for the defendant's jail costs.
All funds received from defendants for the cost of incarceration in the county or city jail p.
23 HB 1412 must be remitted for criminal justice purposes to the county or city that is responsible for the defendant's jail costs.
If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may remit all or part of the amount due in costs, modify the method of payment under RCW 10.01.170, or p.
If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may remit all or part of the amount due in costs, modify the method of payment under RCW 10.01.170, or convert the unpaid costs to community restitution hours, if the jurisdiction operates a community restitution program, at the rate of no less than the state minimum wage established in RCW 49.46.020 for each hour of community restitution.
24 SHB 1412 convert the unpaid costs to community restitution hours, if the jurisdiction operates a community restitution program, at the rate of no less than the state minimum wage established in RCW 49.46.020 for each hour of community restitution.
(5) Except for direct costs relating to evaluating and reporting to the court, prosecutor, or defense counsel regarding a defendant's competency to stand trial as provided in RCW 10.77.060, this section shall not apply to costs related to medical or mental health treatment or services a defendant receives while in custody of the secretary of the department of social and health services or other governmental units.
p.
24 HB 1412 (5) Except for direct costs relating to evaluating and reporting to the court, prosecutor, or defense counsel regarding a defendant's competency to stand trial as provided in RCW 10.77.060, this section shall not apply to costs related to medical or mental health treatment or services a defendant receives while in custody of the secretary of the department of social and health services or other governmental units.
(3) Costs, including recoupment of fees for court-appointed counsel, shall be requested in accordance with the procedures p.
(3) Costs, including recoupment of fees for court-appointed counsel, shall be requested in accordance with the procedures contained in Title 14 of the rules of appellate procedure and in Title 9 of the rules for appeal of decisions of courts of limited jurisdiction.
25 SHB 1412 contained in Title 14 of the rules of appellate procedure and in Title 9 of the rules for appeal of decisions of courts of limited jurisdiction.
(4) A defendant who has been sentenced to pay costs and who ((is not in contumacious default in the payment)) has not willfully failed to pay the obligation, as described in RCW 9.94A.6333 and 9.94B.040, may at any time ((after release from total confinement)) petition the court that sentenced the defendant or juvenile offender for remission of the payment of costs or of any unpaid portion.
(4) A defendant who has been sentenced to pay costs and who ((is not in contumacious default in the payment)) has not willfully failed p.
25 HB 1412 to pay the obligation, as described in RCW 9.94A.6333 and 9.94B.040, may at any time ((after release from total confinement)) petition the court that sentenced the defendant or juvenile offender for remission of the payment of costs or of any unpaid portion.
p.
Sec.
26 SHB 1412 Sec.
(1) Except as provided in subsections (2) and (3) of this section and RCW 3.50.100, 3.62.020, and 35.20.220, restitution imposed in a judgment shall bear interest from the date of the judgment or the offender's date of release from total confinement, whichever is later, until payment, at the rate applicable to civil judgments.
(1) Except as provided in subsections (2) and (3) of this section and RCW 3.50.100, 3.62.020, and 35.20.220, restitution imposed in a judgment shall bear interest from the date of the judgment or the p.
26 HB 1412 offender's date of release from total confinement, whichever is later, until payment, at the rate applicable to civil judgments.
All nonrestitution interest that is outstanding on the effective date of this section, and that accrued prior to June 7, 2018, shall be automatically waived without motion of the defendant.
All nonrestitution interest that accrued prior to June 7, 2018, shall be automatically waived without motion of the defendant.
(3) 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:
(3) 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:
p.
(b) The court may waive or 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)).
27 SHB 1412 (b) The court may)) waive or 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 p.
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.
27 HB 1412 the offender for purposes of reviewing and revising the reduction or waiver of interest.
(1)(a) When any person is found guilty in any superior court of having committed a crime, except as provided in subsections (2) and (3) of this section, there shall be imposed by the court upon such convicted person a penalty assessment.
(1)(a) When any person is found guilty in any superior court of having committed a crime, except as provided in subsection s (2) and (3) of this section, there shall be imposed by the court upon such convicted person a penalty assessment.
(3) Upon motion by the defendant, the court may waive or reduce the assessment imposed by subsection (1) of this section if the court finds that the defendant is indigent as defined in RCW 10.01.160(3) and lacks the likely future ability to pay.
28 SHB 1412 (3) Upon motion by the defendant, the court may waive or reduce the assessment imposed by subsection (1) of this section if the court finds that the defendant is indigent as defined in RCW 10.01.160(3) and does not have the current or likely future ability to pay.
28 HB 1412 (4) When any person accused of having committed a crime posts bail in superior court pursuant to the provisions of chapter 10.19 RCW and such bail is forfeited, there shall be deducted from the proceeds of such forfeited bail a penalty assessment, in addition to any other penalty or fine imposed by law, equal to the assessment which would be applicable under subsection (1) of this section if the person had been convicted of the crime.
(4) When any person accused of having committed a crime posts bail in superior court pursuant to the provisions of chapter 10.19 RCW and such bail is forfeited, there shall be deducted from the proceeds of such forfeited bail a penalty assessment, in addition to any other penalty or fine imposed by law, equal to the assessment which would be applicable under subsection (1) of this section if the person had been convicted of the crime.
and p.
and (e) Assist victims of violent crimes in the preparation and presentation of their claims to the department of labor and industries under this chapter.
29 SHB 1412 (e) Assist victims of violent crimes in the preparation and presentation of their claims to the department of labor and industries under this chapter.
Before a program in any county west of the Cascade mountains is submitted to the department for approval, it shall be submitted for p.
Before a program in any county west of the Cascade mountains is submitted to the department for approval, it shall be submitted for review and comment to each city within the county with a population of more than one hundred fifty thousand.
29 HB 1412 review and comment to each city within the county with a population of more than one hundred fifty thousand.
(1) If an offender violates any condition or requirement of a sentence, and the offender is not being supervised by the department, the court may modify its order of judgment and sentence and impose further punishment in accordance with this section.
30 SHB 1412 (1) If an offender violates any condition or requirement of a sentence, and the offender is not being supervised by the department, the court may modify its order of judgment and sentence and impose further punishment in accordance with this section.
30 HB 1412 (2) If an offender fails to comply with any of the nonfinancial conditions or requirements of a sentence the following provisions apply:
(2) If an offender fails to comply with any of the nonfinancial conditions or requirements of a sentence the following provisions apply:
(a) The court, upon the motion of the state, or upon its own motion, shall require the offender to show cause why the offender p.
(a) The court, upon the motion of the state, or upon its own motion, shall require the offender to show cause why the offender should not be punished for the noncompliance.
31 SHB 1412 should not be punished for the noncompliance.
(c) The court may not sanction the offender for failure to pay legal financial obligations unless the court finds, after a hearing and on the record, that the failure to pay is willful.
p.
31 HB 1412 (c) The court may not sanction the offender for failure to pay legal financial obligations unless the court finds, after a hearing and on the record, that the failure to pay is willful.
p.
(5) Nothing in this section prohibits the filing of escape charges if appropriate.
32 SHB 1412 (5) Nothing in this section prohibits the filing of escape charges if appropriate.
(1) If an offender violates any condition or requirement of a sentence, the court may modify its order of judgment and sentence and impose further punishment in accordance with this section.
p.
32 HB 1412 (1) If an offender violates any condition or requirement of a sentence, the court may modify its order of judgment and sentence and impose further punishment in accordance with this section.
(b) In the absence of a stipulated agreement, or where the court is not satisfied with the department's sanctions as provided in (a) of this subsection, the court, upon the motion of the state, or upon its own motion, shall require the offender to show cause why the p.
(b) In the absence of a stipulated agreement, or where the court is not satisfied with the department's sanctions as provided in (a) of this subsection, the court, upon the motion of the state, or upon its own motion, shall require the offender to show cause why the offender should not be punished for the noncompliance.
33 SHB 1412 offender should not be punished for the noncompliance.
If the court finds that the violation has occurred, it may order the offender to be confined for a period not to exceed ((sixty)) 60 days for each violation, and may (i) convert a term of partial confinement to total confinement, (ii) convert community restitution obligation to total or partial confinement, or (iii) order one or more of the penalties authorized in (a)(i) of this subsection.
If the court finds that the violation has occurred, it may order the offender to be confined for a period not to exceed ((sixty)) 60 days for each violation, and may (i) p.
33 HB 1412 convert a term of partial confinement to total confinement, (ii) convert community restitution obligation to total or partial confinement, or (iii) order one or more of the penalties authorized in (a)(i) of this subsection.
p.
(c) The state has the burden of showing noncompliance by a preponderance of the evidence.
34 SHB 1412 (c) The state has the burden of showing noncompliance by a preponderance of the evidence.
In determining whether the offender has the current ability to pay, the court shall inquire into and consider:
In determining whether p.
34 HB 1412 the offender has the current ability to pay, the court shall inquire into and consider:
p.
(6) An offender under community placement or community supervision who is civilly detained under chapter 71.05 RCW, and subsequently discharged or conditionally released to the community, shall be under the supervision of the department of corrections for the duration of his or her period of community placement or community supervision.
35 SHB 1412 (6) An offender under community placement or community supervision who is civilly detained under chapter 71.05 RCW, and subsequently discharged or conditionally released to the community, shall be under the supervision of the department of corrections for the duration of his or her period of community placement or community supervision.
During any period of inpatient mental health treatment p.
During any period of inpatient mental health treatment that falls within the period of community placement or community supervision, the inpatient treatment provider and the supervising community corrections officer shall notify each other about the offender's discharge, release, and legal status, and shall share other relevant information.
35 HB 1412 that falls within the period of community placement or community supervision, the inpatient treatment provider and the supervising community corrections officer shall notify each other about the offender's discharge, release, and legal status, and shall share other relevant information.
p.
(c) If the court determines that the defendant is homeless or a person who is mentally ill, as defined in RCW 71.24.025, failure to pay a legal financial obligation is not willful contempt and shall not subject the defendant to penalties.
36 SHB 1412 (c) If the court determines that the defendant is homeless or a person who is mentally ill, as defined in RCW 71.24.025, failure to pay a legal financial obligation is not willful contempt and shall not subject the defendant to penalties.
(4) If a term of imprisonment for contempt for nonpayment of any fine, penalty, assessment, fee, or costs is ordered, the term of p.
(4) If a term of imprisonment for contempt for nonpayment of any fine, penalty, assessment, fee, or costs is ordered, the term of imprisonment shall be set forth in the commitment order, and shall not exceed one day for each ((twenty-five dollars)) $25 of the amount ordered, ((thirty)) 30 days if the amount ordered of costs was imposed upon conviction of a violation or misdemeanor, or one year in any other case, whichever is the shorter period.
36 HB 1412 imprisonment shall be set forth in the commitment order, and shall not exceed one day for each ((twenty-five dollars)) $25 of the amount ordered, ((thirty)) 30 days if the amount ordered of costs was imposed upon conviction of a violation or misdemeanor, or one year in any other case, whichever is the shorter period.
p.
Upon conviction or a plea of guilty in any court organized under this title or Title 35 RCW, a defendant in a criminal case is liable for a fee of ((forty-three dollars)) $43, except this fee shall not be imposed on a defendant who is indigent as defined in RCW ((10.101.010(3) (a) through (c))) 10.01.160(3).
37 SHB 1412 Upon conviction or a plea of guilty in any court organized under this title or Title 35 RCW, a defendant in a criminal case is liable for a fee of ((forty-three dollars)) $43, except this fee shall not be imposed on a defendant who is indigent as defined in RCW ((10.101.010(3) (a) through (c))) 10.01.160(3).
Sec.
p.
37 HB 1412 Sec.
p.
(e) For filing the notice of debt due for the compensation of a crime victim under RCW 7.68.120(2)(a) a fee of ((two hundred dollars)) $200.
38 SHB 1412 (e) For filing the notice of debt due for the compensation of a crime victim under RCW 7.68.120(2)(a) a fee of ((two hundred dollars)) $200.
(g) For filing any petition to contest a will admitted to probate or a petition to admit a will which has been rejected, or a petition objecting to a written agreement or memorandum as provided in RCW 11.96A.220, there shall be paid a fee of ((two hundred dollars)) $200.
(g) For filing any petition to contest a will admitted to probate or a petition to admit a will which has been rejected, or a petition objecting to a written agreement or memorandum as provided in RCW p.
38 HB 1412 11.96A.220, there shall be paid a fee of ((two hundred dollars)) $200.
p.
(b) On filing fees required to be collected under subsection (2)(b) of this section, a surcharge of ((thirty dollars)) $30 must be collected.
39 SHB 1412 (b) On filing fees required to be collected under subsection (2)(b) of this section, a surcharge of ((thirty dollars)) $30 must be collected.
(1) Every sentence imposed for a crime specified in RCW 43.43.754 must include a fee of ((one hundred dollars)) $100 unless the state has previously collected the offender's DNA as a result of a prior conviction.
p.
39 HB 1412 (1) Every sentence imposed for a crime specified in RCW 43.43.754 must include a fee of ((one hundred dollars)) $100 unless the state has previously collected the offender's DNA as a result of a prior conviction.
(1) Except as provided in subsection (4) of this section, all costs, fees, fines, forfeitures and penalties assessed and collected in whole or in part by district courts, except costs, fines, forfeitures and penalties assessed and collected, in whole or in part, because of the violation of city ordinances, shall be remitted by the clerk of the district court to the county treasurer at least p.
(1) Except as provided in subsection (4) of this section, all costs, fees, fines, forfeitures and penalties assessed and collected in whole or in part by district courts, except costs, fines, forfeitures and penalties assessed and collected, in whole or in part, because of the violation of city ordinances, shall be remitted by the clerk of the district court to the county treasurer at least monthly, together with a financial statement as required by the state auditor, noting the information necessary for crediting of such funds as required by law.
40 SHB 1412 monthly, together with a financial statement as required by the state auditor, noting the information necessary for crediting of such funds as required by law.
"Certain costs" as used in this subsection, means those costs awarded to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are specifically designated as costs by the court and are awarded for the specific reimbursement of costs incurred by the state or county in the prosecution of the case, including the fees of defense counsel.
"Certain costs" as used in this subsection, means those costs awarded to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or those costs awarded against convicted defendants in criminal p.
40 HB 1412 actions under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are specifically designated as costs by the court and are awarded for the specific reimbursement of costs incurred by the state or county in the prosecution of the case, including the fees of defense counsel.
All nonrestitution interest that is outstanding on the effective date of this section, and that accrued prior to June 7, 2018, shall be automatically waived without motion of the defendant.
All nonrestitution interest that accrued prior to June 7, 2018, shall be automatically waived without motion of the defendant.
p.
(6) Interest retained by the court on penalties, fines, bail forfeitures, fees, and costs shall be split ((twenty-five)) 25 percent to the state treasurer for deposit in the state general fund, ((twenty-five)) 25 percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020, ((twenty-five)) 25 percent to the county current expense fund, and ((twenty-five)) 25 percent to the county current expense fund to fund local courts.
41 SHB 1412 (6) Interest retained by the court on penalties, fines, bail forfeitures, fees, and costs shall be split ((twenty-five)) 25 percent to the state treasurer for deposit in the state general fund, ((twenty-five)) 25 percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020, ((twenty-five)) 25 percent to the county current expense fund, and ((twenty-five)) 25 percent to the county current expense fund to fund local courts.
(1) Except as provided in subsection (4) of this section, all costs, fines, forfeitures and penalties assessed and collected, in whole or in part, by district courts because of violations of city ordinances shall be remitted by the clerk of the district court at least monthly directly to the treasurer of the city wherein the violation occurred.
p.
41 HB 1412 (1) Except as provided in subsection (4) of this section, all costs, fines, forfeitures and penalties assessed and collected, in whole or in part, by district courts because of violations of city ordinances shall be remitted by the clerk of the district court at least monthly directly to the treasurer of the city wherein the violation occurred.
(5)(a) Except as provided in (b) of this subsection, penalties, fines, fees, and costs may accrue interest at the rate of ((twelve)) p.
(5)(a) Except as provided in (b) of this subsection, penalties, fines, fees, and costs may accrue interest at the rate of ((twelve)) 12 percent per annum, upon assignment to a collection agency.
42 SHB 1412 12 percent per annum, upon assignment to a collection agency.
All nonrestitution interest that is outstanding on the effective date of this section, and that accrued prior to June 7, 2018, shall be automatically waived without motion of the defendant.
All nonrestitution interest that accrued prior to June 7, 2018, shall be automatically waived without motion of the defendant.
(6) Interest retained by the court on penalties, fines, bail forfeitures, fees, and costs shall be split ((twenty-five)) 25 percent to the state treasurer for deposit in the state general fund, ((twenty-five)) 25 percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020, ((twenty-five)) 25 percent to the city general fund, and ((twenty- five)) 25 percent to the city general fund to fund local courts.
(6) Interest retained by the court on penalties, fines, bail forfeitures, fees, and costs shall be split ((twenty-five)) 25 percent to the state treasurer for deposit in the state general fund, ((twenty-five)) 25 percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020, p.
42 HB 1412 ((twenty-five)) 25 percent to the city general fund, and ((twenty- five)) 25 percent to the city general fund to fund local courts.
Money remitted under p.
Money remitted under this subsection to the state treasurer shall be deposited in the state general fund.
43 SHB 1412 this subsection to the state treasurer shall be deposited in the state general fund.
All nonrestitution interest that is outstanding on the effective date of this section, and that accrued prior to June 7, 2018, shall be automatically waived without motion of the defendant.
All nonrestitution interest that accrued prior to June 7, 2018, shall be automatically waived without motion of the defendant.
(5) Interest retained by the court on penalties, fines, bail forfeitures, fees, and costs shall be split ((twenty-five)) 25 percent to the state treasurer for deposit in the state general fund, ((twenty-five)) 25 percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020, ((twenty-five)) 25 percent to the city general fund, and ((twenty- five)) 25 percent to the city general fund to fund local courts.
p.
43 HB 1412 (5) Interest retained by the court on penalties, fines, bail forfeitures, fees, and costs shall be split ((twenty-five)) 25 percent to the state treasurer for deposit in the state general fund, ((twenty-five)) 25 percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020, ((twenty-five)) 25 percent to the city general fund, and ((twenty- five)) 25 percent to the city general fund to fund local courts.
p.
(2) Except as provided in RCW 9A.88.120 and 10.99.080, the city treasurer shall remit monthly ((thirty-two)) 32 percent of the noninterest money received under this section, other than for parking infractions and certain costs to the state treasurer.
44 SHB 1412 (2) Except as provided in RCW 9A.88.120 and 10.99.080, the city treasurer shall remit monthly ((thirty-two)) 32 percent of the noninterest money received under this section, other than for parking infractions and certain costs to the state treasurer.
(3) The balance of the noninterest money received under this section shall be retained by the city and deposited as provided by law.
p.
44 HB 1412 (3) The balance of the noninterest money received under this section shall be retained by the city and deposited as provided by law.
All nonrestitution interest that is outstanding on the effective date of this section, and that accrued prior to June 7, 2018, shall be automatically waived without motion of the defendant.
All nonrestitution interest that accrued prior to June 7, 2018, shall be automatically waived without motion of the defendant.
"Legal financial obligation" means a sum of money that is ordered by a district or municipal court of the state of Washington for legal financial obligations which may include restitution to the victim, p.
"Legal financial obligation" means a sum of money that is ordered by a district or municipal court of the state of Washington for legal financial obligations which may include restitution to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a conviction.
45 SHB 1412 court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a conviction.
Upon conviction for vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), legal financial obligations may also include payment to a public agency of the expense of an emergency response to the incident resulting in the conviction, subject to RCW 38.52.430.
Legal financial obligations may also include payment to a public agency of the expense of an emergency response to the incident resulting in the conviction, subject to RCW 38.52.430.
(1) When a defendant is sentenced to pay fines, penalties, assessments, fees, restitution, or costs, the court may grant permission for payment to be made within a specified period of time or in specified installments.
(1) When a defendant is sentenced to pay fines, penalties, assessments, fees, restitution, or costs, the court may grant permission for payment to be made within a specified period of time p.
45 HB 1412 or in specified installments.
The jury fee, when collected for a case tried by p.
The jury fee, when collected for a case tried by the superior court, shall be paid to the clerk and applied as the jury fee in civil cases is applied.
46 SHB 1412 the superior court, shall be paid to the clerk and applied as the jury fee in civil cases is applied.
If the court finds that the defendant is indigent as defined in RCW ((10.101.010(3) (a) through (c))) 10.01.160(3), the court shall allow for payment in certain designated installments or within certain designated periods.
If the court finds that the defendant is indigent as defined in RCW ((10.101.010(3) (a) p.
46 HB 1412 through (c))) 10.01.160(3), the court shall allow for payment in certain designated installments or within certain designated periods.
NEW SECTION.
Sec.
29.
Nothing in this act requires the courts to refund or reimburse amounts previously paid towards legal financial obligations or interest on legal financial obligations.
47 SHB 1412
47 HB 1412
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Action History

  1. Effective date 1/1/2023.

  2. Chapter 260, 2022 Laws.

  3. Governor signed.

  4. Delivered to Governor.

  5. President signed.

  6. Speaker signed.

  7. Passed final passage; yeas, 64; nays, 32; absent, 0; excused, 2.

  8. House concurred in Senate amendments.

  9. Third reading, passed; yeas, 38; nays, 11; absent, 0; excused, 0.

  10. Rules suspended. Placed on Third Reading.

  11. Committee amendment(s) adopted with no other amendments.

  12. Placed on second reading by Rules Committee.

  13. Scheduled for public hearing in the Senate Committee on Ways & Means at 10:00 AM

  14. Passed to Rules Committee for second reading.

  15. Minority; do not pass.

  16. WM - Majority; do pass with amendment(s).

  17. Executive action taken in the Senate Committee on Ways & Means at 10:00 AM.

  18. Scheduled for public hearing in the Senate Committee on Ways & Means at 09:00 AM

  19. Public hearing in the Senate Committee on Ways & Means at 9:00 AM.

  20. Scheduled for public hearing in the Senate Committee on Law & Justice at 10:30 AM

  21. Referred to Ways & Means.

  22. And refer to Ways & Means.

  23. Minority; without recommendation.

  24. Minority; do not pass.

  25. LAW - Majority; do pass with amendment(s).

  26. Executive action taken in the Senate Committee on Law & Justice at 10:30 AM.

  27. Scheduled for public hearing in the Senate Committee on Law & Justice at 10:30 AM

  28. Public hearing in the Senate Committee on Law & Justice at 10:30 AM.

  29. First reading, referred to Law & Justice.

  30. Third reading, passed; yeas, 70; nays, 24; absent, 0; excused, 4.

  31. Rules suspended. Placed on Third Reading.

  32. Floor amendment(s) adopted.

  33. 4th substitute bill substituted (APP 22).

  34. Rules Committee relieved of further consideration. Placed on second reading.

  35. Referred to Rules 2 Review.

  36. Scheduled for public hearing in the House Committee on Appropriations at 03:30 PM

  37. Minority; without recommendation.

  38. APP - Majority; 4th substitute bill be substituted, do pass.

  39. Executive action taken in the House Committee on Appropriations at 3:30 PM.

  40. Scheduled for public hearing in the House Committee on Appropriations at 03:30 PM

  41. Public hearing in the House Committee on Appropriations at 3:30 PM.

  42. Referred to Appropriations.

  43. Scheduled for public hearing in the House Committee on Civil Rights & Judiciary at 08:00 AM

  44. Minority; do not pass.

  45. CRJ - Majority; 3rd substitute bill be substituted, do pass.

  46. Executive action taken in the House Committee on Civil Rights & Judiciary at 8:00 AM.

  47. Scheduled for public hearing in the House Committee on Civil Rights & Judiciary at 10:00 AM

  48. Public hearing in the House Committee on Civil Rights & Judiciary at 10:00 AM.

  49. Referred to Civil Rights & Judiciary.

  50. Rules Committee relieved of further consideration.

  51. Scheduled for public hearing in the House Committee on Appropriations at 09:00 AM

  52. Referred to Rules 2 Review.

  53. Minority; without recommendation.

  54. Minority; do not pass.

  55. APP - Majority; 2nd substitute bill be substituted, do pass.

  56. Executive action taken in the House Committee on Appropriations at 9:00 AM.

  57. Scheduled for public hearing in the House Committee on Appropriations at 01:30 PM

  58. Public hearing in the House Committee on Appropriations at 1:30 PM.

  59. Referred to Appropriations.

  60. Scheduled for public hearing in the House Committee on Civil Rights & Judiciary at 10:00 AM

  61. Minority; do not pass.

  62. CRJ - Majority; 1st substitute bill be substituted, do pass.

  63. Executive action taken in the House Committee on Civil Rights & Judiciary at 10:00 AM.

  64. Executive session scheduled, but no action was taken in the House Committee on Civil Rights & Judiciary at 8:00 AM.

  65. Scheduled for public hearing in the House Committee on Civil Rights & Judiciary at 10:00 AM

  66. Public hearing in the House Committee on Civil Rights & Judiciary at 10:00 AM.

  67. First reading, referred to Civil Rights & Judiciary.

Sponsors

Sponsorship breakdown

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1 sponsors · 11 co-sponsors · 139 not signed on · 29 voted No

Sponsors (1)

Co-sponsors (11)

Not signed on (139)

139 members have not signed on to this bill.

Show all 139 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Final Passage as Amended by the Senate (#1)

Passed 64 Yea · 32 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 71900
Democrat 46101
Unaffiliated 111201
Total 643202
% of votes cast 65%33%0%2%
How each member voted (98)
Member Party Vote
Chambers — Nay
Chandler — Nay
Chopp — Yea
Cody — Yea
Dolan — Yea
Gilday — Yea
Harris-Talley — Yea
Hoff — Nay
Kirby — Yea
Klippert — Not Voting
Kraft — Nay
Kretz — Nay
Maycumber — Nay
McCaslin — Nay
Mosbrucker — Nay
Robertson — Nay
Sells — Yea
Sullivan — Yea
Sutherland — Nay
Vick — Yea
Wicks — Yea
Wilcox — Nay
Young — Nay
Johnson, J. — Yea
Alex Ramel Democrat Yea
Alicia Rule Democrat Nay
Amy Walen Democrat Yea
April Berg Democrat Yea
Bill Ramos Democrat Yea
Brandy Donaghy Democrat Yea
Cindy Ryu Democrat Yea
Dan Bronoske Democrat Yea
Dave Paul Democrat Yea
David Hackney Democrat Yea
Davina Duerr Democrat Yea
Debra Entenman Democrat Yea
Debra Lekanoff Democrat Yea
Drew Hansen Democrat Yea
Gerry Pollet Democrat Yea
Jake Fey Democrat Yea
Jamila Taylor Democrat Yea
Javier Valdez Democrat Yea
Jessica Bateman Democrat Yea
Joe Fitzgibbon Democrat Yea
Larry Springer Democrat Yea
Lauren Davis Democrat Yea
Laurie Jinkins Democrat Yea
Lillian Ortiz-Self Democrat Yea
Lisa Callan Democrat Yea
Liz Berry Democrat Yea
Marcus Riccelli Democrat Yea
Mari Leavitt Democrat Yea
Melanie Morgan Democrat Yea
Mia Gregerson Democrat Yea
Mike Chapman Democrat Yea
Monica Jurado Stonier Democrat Yea
My-Linh Thai Democrat Yea
Nicole Macri Democrat Yea
Noel Frame Democrat Yea
Roger Goodman Democrat Yea
Sharon Shewmake Democrat Yea
Sharon Tomiko Santos Democrat Yea
Sharon Wylie Democrat Yea
Shelley Kloba Democrat Yea
Steve Bergquist Democrat Yea
Steve Tharinger Democrat Yea
Strom Peterson Democrat Yea
Tana Senn Democrat Yea
Tarra Simmons Democrat Yea
Timm Ormsby Democrat Not Voting
Tina Orwall Democrat Yea
Vandana Slatter Democrat Yea
Alex Ybarra Republican Nay
Andrew Barkis Republican Nay
Carolyn Eslick Republican Nay
Chris Corry Republican Nay
Cyndy Jacobsen Republican Nay
Dan Griffey Republican Yea
Drew MacEwen Republican Yea
Drew Stokesbary Republican Yea
Ed Orcutt Republican Nay
Jenny Graham Republican Nay
Jeremie Dufault Republican Nay
Jim Walsh Republican Nay
Joe Schmick Republican Nay
Joel McEntire Republican Nay
Keith Goehner Republican Nay
Mark Klicker Republican Nay
Mary Dye Republican Nay
Matt Boehnke Republican Nay
Michelle Valdez Republican Nay
Mike Steele Republican Yea
Mike Volz Republican Yea
Paul Harris Republican Yea
Peter Abbarno Republican Nay
Rob Chase Republican Nay
Skyler Rude Republican Yea
Tom Dent Republican Nay

Official roll call →

3rd Reading & Final Passage as Amended by the Senate (#29)

Passed 38 Yea · 11 Nay
Party YeaNayPresentNot Voting
Unaffiliated 14400
Republican 6700
Democrat 18000
Total 381100
% of votes cast 78%22%0%0%
How each member voted (49)
Member Party Vote
Billig — Yea
Brown — Nay
Carlyle — Yea
Das — Yea
Frockt — Yea
Hawkins — Yea
Honeyford — Nay
Keiser — Yea
Kuderer — Yea
Mullet — Yea
Padden — Nay
Randall — Yea
Rivers — Yea
Rolfes — Yea
Sefzik — Yea
Sheldon — Yea
Van De Wege — Yea
Wilson, L. — Nay
Annette Cleveland Democrat Yea
Bob Hasegawa Democrat Yea
Claire Wilson Democrat Yea
Derek Stanford Democrat Yea
Jamie Pedersen Democrat Yea
Jesse Salomon Democrat Yea
Joe Nguyen Democrat Yea
John Lovick Democrat Yea
June Robinson Democrat Yea
Lisa Wellman Democrat Yea
Liz Lovelett Democrat Yea
Manka Dhingra Democrat Yea
Marko Liias Democrat Yea
Rebecca Saldaña Democrat Yea
Steve Conway Democrat Yea
T'wina Nobles Democrat Yea
Victoria Hunt Democrat Yea
Yasmin Trudeau Democrat Yea
Chris Gildon Republican Yea
Curtis King Republican Yea
Jeff Holy Republican Yea
Jeff Wilson Republican Nay
Jim McCune Republican Nay
John Braun Republican Nay
Judy Warnick Republican Nay
Keith Wagoner Republican Yea
Mark Schoesler Republican Nay
Perry Dozier Republican Nay
Phil Fortunato Republican Yea
Ron Muzzall Republican Yea
Shelly Short Republican Nay

Official roll call →

3rd Reading & Final Passage (#10)

Passed 70 Yea · 24 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 111401
Democrat 45201
Unaffiliated 14802
Total 702404
% of votes cast 71%24%0%4%
How each member voted (98)
Member Party Vote
Chambers — Nay
Chandler — Nay
Chopp — Yea
Cody — Yea
Dolan — Yea
Gilday — Yea
Harris-Talley — Yea
Hoff — Nay
Kirby — Yea
Klippert — Nay
Kraft — Nay
Kretz — Not Voting
Maycumber — Yea
McCaslin — Not Voting
Mosbrucker — Nay
Robertson — Yea
Sells — Yea
Sullivan — Yea
Sutherland — Nay
Vick — Yea
Wicks — Yea
Wilcox — Yea
Young — Nay
Johnson, J. — Yea
Alex Ramel Democrat Yea
Alicia Rule Democrat Nay
Amy Walen Democrat Not Voting
April Berg Democrat Yea
Bill Ramos Democrat Yea
Brandy Donaghy Democrat Yea
Cindy Ryu Democrat Yea
Dan Bronoske Democrat Yea
Dave Paul Democrat Yea
David Hackney Democrat Yea
Davina Duerr Democrat Yea
Debra Entenman Democrat Yea
Debra Lekanoff Democrat Yea
Drew Hansen Democrat Yea
Gerry Pollet Democrat Yea
Jake Fey Democrat Yea
Jamila Taylor Democrat Yea
Javier Valdez Democrat Yea
Jessica Bateman Democrat Yea
Joe Fitzgibbon Democrat Yea
Larry Springer Democrat Yea
Lauren Davis Democrat Yea
Laurie Jinkins Democrat Yea
Lillian Ortiz-Self Democrat Yea
Lisa Callan Democrat Yea
Liz Berry Democrat Yea
Marcus Riccelli Democrat Yea
Mari Leavitt Democrat Yea
Melanie Morgan Democrat Yea
Mia Gregerson Democrat Yea
Mike Chapman Democrat Yea
Monica Jurado Stonier Democrat Yea
My-Linh Thai Democrat Yea
Nicole Macri Democrat Yea
Noel Frame Democrat Yea
Roger Goodman Democrat Yea
Sharon Shewmake Democrat Nay
Sharon Tomiko Santos Democrat Yea
Sharon Wylie Democrat Yea
Shelley Kloba Democrat Yea
Steve Bergquist Democrat Yea
Steve Tharinger Democrat Yea
Strom Peterson Democrat Yea
Tana Senn Democrat Yea
Tarra Simmons Democrat Yea
Timm Ormsby Democrat Yea
Tina Orwall Democrat Yea
Vandana Slatter Democrat Yea
Alex Ybarra Republican Nay
Andrew Barkis Republican Yea
Carolyn Eslick Republican Yea
Chris Corry Republican Yea
Cyndy Jacobsen Republican Nay
Dan Griffey Republican Yea
Drew MacEwen Republican Yea
Drew Stokesbary Republican Yea
Ed Orcutt Republican Nay
Jenny Graham Republican Nay
Jeremie Dufault Republican Nay
Jim Walsh Republican Nay
Joe Schmick Republican Nay
Joel McEntire Republican Nay
Keith Goehner Republican Yea
Mark Klicker Republican Nay
Mary Dye Republican Nay
Matt Boehnke Republican Not Voting
Michelle Valdez Republican Nay
Mike Steele Republican Yea
Mike Volz Republican Yea
Paul Harris Republican Yea
Peter Abbarno Republican Nay
Rob Chase Republican Nay
Skyler Rude Republican Yea
Tom Dent Republican Nay

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

Who sponsors HB 1412?
HB 1412 is sponsored by Nicole Macri (Democrat), Gerry Pollet (Democrat), Harris-Talley, Timm Ormsby (Democrat), Strom Peterson (Democrat), Joe Fitzgibbon (Democrat), Jamila Taylor (Democrat), Liz Berry (Democrat), Javier Valdez (Democrat), Lauren Davis (Democrat), Roger Goodman (Democrat), and Tarra Simmons (Democrat).
What is the current status of HB 1412?
This bill has been enacted into law. Introduced January 28, 2021. Enacted.
Where can I track HB 1412?
Track HB 1412 free on One Click Politics — get push/email alerts when it moves.

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