HB 1499 — Concerning legal financial obligations.

7 HB 1499 respondent pay the costs of the monitoring.)) The court shall ((consider the ability of the convicted person to pay)) not require the respondent to pay the costs for electronic monitoring;

and (ii) Shall impose a fine of $15, in addition to any penalty or fine imposed, for a violation of a domestic violence protection order issued under this chapter.

Revenue from the $15 fine must be remitted monthly to the state treasury for deposit in the domestic violence prevention account.

(2) A law enforcement officer shall arrest without a warrant and take into custody a person whom the law enforcement officer has probable cause to believe has violated a domestic violence protection order, a sexual assault protection order, a stalking protection order, or a vulnerable adult protection order, or an order issued under chapter 9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 10.77, 10.99, 26.09, 26.26A, or 26.26B RCW, or a valid foreign protection order as defined in RCW 26.52.020, or a Canadian domestic violence protection order as defined in RCW 26.55.010, that restrains the person or excludes the person from a residence, workplace, school, or day care, or prohibits the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, a protected party's person, or a protected party's vehicle, if the person restrained knows of the order.

Presence of the order in the law enforcement computer-based criminal intelligence information system is not the only means of establishing knowledge of the order.

(3) A violation of a domestic violence protection order, a sexual assault protection order, a stalking protection order, or a vulnerable adult protection order, or an order issued under chapter 9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 10.77, 10.99, 26.09, 26.26A, or 26.26B RCW, or a valid foreign protection order as defined in RCW 26.52.020, or a Canadian domestic violence protection order as defined in RCW 26.55.010, shall also constitute contempt of court, and is subject to the penalties prescribed by law.

(4) Any assault that is a violation of a domestic violence protection order, a sexual assault protection order, a stalking protection order, or a vulnerable adult protection order, or an order issued under chapter 9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 10.77, 10.99, 26.09, 26.26A, or 26.26B RCW, or a valid foreign protection order as defined in RCW 26.52.020, or a Canadian domestic violence protection order as defined in RCW 26.55.010, and that does not amount to assault in the first or second degree under RCW 9A.36.011 or p.

8 HB 1499 9A.36.021 is a class C felony, and any conduct in violation of such an order that is reckless and creates a substantial risk of death or serious physical injury to another person is a class C felony.

(5) A violation of a domestic violence protection order, a sexual assault protection order, a stalking protection order, or a vulnerable adult protection order, or a court order issued under chapter 9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 10.77, 10.99, 26.09, 26.26A, or 26.26B RCW, or a valid foreign protection order as defined in RCW 26.52.020, or a Canadian domestic violence protection order as defined in RCW 26.55.010, is a class C felony if the offender has at least two previous convictions for violating the provisions of a domestic violence protection order, a sexual assault protection order, a stalking protection order, or a vulnerable adult protection order, or an order issued under chapter 9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 10.77, 10.99, 26.09, 26.26A, or 26.26B RCW, or a valid foreign protection order as defined in RCW 26.52.020, or a Canadian domestic violence protection order as defined in RCW 26.55.010.

The previous convictions may involve the same victim or other victims specifically protected by the orders the offender violated.

(6)(a) A defendant arrested for violating a domestic violence protection order, sexual assault protection order, stalking protection order, or vulnerable adult protection order, or an order granted under chapter 9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 10.77, 10.99, 26.09, 26.26A, or 26.26B RCW, or a valid foreign protection order as defined in RCW 26.52.020, or a Canadian domestic violence protection order as defined in RCW 26.55.010, is required to appear in person before a magistrate within one judicial day after the arrest.

At the time of the appearance, the court shall determine the necessity of imposing a no-contact order or other conditions of pretrial release.

(b) A defendant who is charged by citation, complaint, or information with violating any protection order identified in (a) of this subsection and not arrested shall appear in court for arraignment in person as soon as practicable, but in no event later than 14 days after the next day on which court is in session following the issuance of the citation or the filing of the complaint or information.

(7) Upon the filing of an affidavit by the petitioner or any law enforcement officer alleging that the respondent has violated a domestic violence protection order, a sexual assault protection p.

9 HB 1499 order, a stalking protection order, or a vulnerable adult protection order, or an order granted under chapter 9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 10.77, 10.99, 26.09, 26.26A, or 26.26B RCW, or a valid foreign protection order as defined in RCW 26.52.020, or a Canadian domestic violence protection order as defined in RCW 26.55.010, the court may issue an order to the respondent, requiring the respondent to appear and show cause within 14 days as to why the respondent should not be found in contempt of court and punished accordingly.

The hearing may be held in the court of any county or municipality in which the petitioner or respondent temporarily or permanently resides at the time of the alleged violation.

(8) Appearances required under this section are mandatory and cannot be waived.

Sec.

7.

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:

6 SHB 1499 (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:

(c) to pay any fine imposed andp. not suspended ((and)) by the court or other costs ((incurred in the prosecution of the case)) specifically authorized by statute, including reimbursement of the state for costs of extradition if return to this state by extradition was required;

10 HB 1499 and not suspended ((and)) by the court or other costs ((incurred in the prosecution of the case)) specifically authorized by statute, including reimbursement of the state for costs of extradition if return to this state by extradition was required;

A person does not have the current ability to pay if the person is indigent as defined in ((RCW 10.01.160(3))) section 1314 of this act.

For the purposes of this subsection, the p.terms "insurer" and "state agency" have the same meanings as provided in RCW 9.94A.750(3).

7 SHB 1499 terms "insurer" and "state agency" have the same meanings as provided in RCW 9.94A.750(3).

Sec.p.

7.11 HB 1499 Sec.

8.

Only those offenders sentenced to a facility operated p.or utilized under contract by a county or the state, or sanctioned under RCW 9.94A.737, are eligible to participate on a work crew.

8 SHB 1499 or utilized under contract by a county or the state, or sanctioned under RCW 9.94A.737, are eligible to participate on a work crew.

The civic improvement tasks shall not affect employment opportunities forp. people with developmental disabilities contracted through sheltered workshops as defined in RCW 82.04.385.

12 HB 1499 for people with developmental disabilities contracted through sheltered workshops as defined in RCW 82.04.385.

p.(1) The offender has diligently attempted but has been unable to obtain employment that provides the offender sufficient income to make such payment.

9 SHB 1499 (1) The offender has diligently attempted but has been unable to obtain employment that provides the offender sufficient income to make such payment.

8.9.

Thep. court shall not issue any order that postpones the commencement of restitution payments until after the offender is released from total confinement.

13 HB 1499 The court shall not issue any order that postpones the commencement of restitution payments until after the offender is released from total confinement.

The sentencing p.court may then reset the monthly minimum payments based on the report from the community corrections officer of the change in circumstances.

10 SHB 1499 court may then reset the monthly minimum payments based on the report from the community corrections officer of the change in circumstances.

A person does not have the current ability to pay if the person is indigent as defined in ((RCW 10.01.160(3))) section 1314 of this act.

(i)p. "Insurer" means any insurer as defined and authorized under Title 48 RCW.

14 HB 1499 (i) "Insurer" means any insurer as defined and authorized under Title 48 RCW.

The portion of the sentence concerning restitution may be modified as to amount, terms p.and conditions during either the initial 10-year period or subsequent 10-year period if the criminal judgment is extended, regardless of the expiration of the offender's term of community supervision and regardless of the statutory maximum sentence for the crime.

11 SHB 1499 and conditions during either the initial 10-year period or subsequent 10-year period if the criminal judgment is extended, regardless of the expiration of the offender's term of community supervision and regardless of the statutory maximum sentence for the crime.

In addition, restitution may be ordered to pay for an injury, loss, or damagep. 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.

15 HB 1499 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.

For the purposes of this subsection, the offender p.shall remain under the court's jurisdiction until the offender has satisfied support obligations under the superior court or administrative order but not longer than a maximum term of 25 years following the offender's release from total confinement or 25 years subsequent to the entry of the judgment and sentence, whichever period is longer.

12 SHB 1499 shall remain under the court's jurisdiction until the offender has satisfied support obligations under the superior court or administrative order but not longer than a maximum term of 25 years following the offender's release from total confinement or 25 years subsequent to the entry of the judgment and sentence, whichever period is longer.

The court shall identify in the judgment and sentence the victim or victims entitled top. restitution and what amount is due each victim.

16 HB 1499 to restitution and what amount is due each victim.

9.10.

The court shall not issue any order that postpones the commencement of p.restitution payments until after the offender is released from total confinement.

13 SHB 1499 restitution payments until after the offender is released from total confinement.

Restitution shall not includep. reimbursement for damages for mental anguish, pain and suffering, or other intangible losses, but may include the costs of counseling reasonably related to the offense.

17 HB 1499 include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses, but may include the costs of counseling reasonably related to the offense.

A person does not have the current ability to pay if the person is indigent as defined in ((RCW 10.01.160(3))) section 1314 of this act.

p.(4) For the purposes of this section, for an offense committed prior to July 1, 2000, the offender shall remain under the court's jurisdiction for a term of 10 years following the offender's release from total confinement or 10 years subsequent to the entry of the judgment and sentence, whichever period ends later.

14 SHB 1499 (4) For the purposes of this section, for an offense committed prior to July 1, 2000, the offender shall remain under the court's jurisdiction for a term of 10 years following the offender's release from total confinement or 10 years subsequent to the entry of the judgment and sentence, whichever period ends later.

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 in confinement in a state correctional institution or a correctional facility pursuant to a transfer agreement with the department, and thep. department shall supervise the offender's compliance during any such period.

18 HB 1499 the department shall supervise the offender's compliance during any such period.

In addition, restitution shall 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 p.required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement.

15 SHB 1499 required to pay restitution to a victim of an offense or offenses which are not prosecuted pursuant to a plea agreement.

The department shall supervise the offender'sp. compliance with the restitution ordered under this subsection.

19 HB 1499 offender's compliance with the restitution ordered under this subsection.

(8) In addition to any sentence that may be imposed, an offender who has been found guilty of an offense involving fraud or other deceptive practice or an organization which has been found guilty of p.any such offense may be ordered by the sentencing court to give notice of the conviction to the class of persons or to the sector of the public affected by the conviction or financially interested in the subject matter of the offense by mail, by advertising in designated areas or through designated media, or by other appropriate means.

16 SHB 1499 any such offense may be ordered by the sentencing court to give notice of the conviction to the class of persons or to the sector of the public affected by the conviction or financially interested in the subject matter of the offense by mail, by advertising in designated areas or through designated media, or by other appropriate means.

(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 recommendationp. 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.

20 HB 1499 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.

For p.purposes of this section, "loss" refers to the amount of money or the value of property or services lost.

17 SHB 1499 purposes of this section, "loss" refers to the amount of money or the value of property or services lost.

10.11.

An offender being indigent as defined in ((RCW 10.01.160(3))) section 1314 of this act is not grounds for failing to impose restitution, subject to RCW 9.94A.750(3) and 9.94A.753(3).

(2)p. Upon receipt of each payment made by or on behalf of an offender, the county clerk shall distribute the payment in the following order of priority until satisfied:

21 HB 1499 (2) Upon receipt of each payment made by or on behalf of an offender, the county clerk shall distribute the payment in the following order of priority until satisfied:

The court shall not order the offender to pay the cost of p.incarceration if the court finds that the offender at the time of sentencing is indigent as defined in RCW 10.01.160(3).

18 SHB 1499 incarceration if the court finds that the offender at the time of sentencing is indigent as defined in RCW 10.01.160(3).

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 legalp. financial obligation payment is past due, the department or the county clerk may serve a notice on the offender stating such requirements and authorizations.

22 HB 1499 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.

p.(b) If restitution is ordered pursuant to RCW 9.94A.750(6) or 9.94A.753(6) to a victim of rape of a child or a victim's child born from the rape, the Washington state child support registry shall be identified as the party to whom payments must be made.

19 SHB 1499 (b) If restitution is ordered pursuant to RCW 9.94A.750(6) or 9.94A.753(6) to a victim of rape of a child or a victim's child born from the rape, the Washington state child support registry shall be identified as the party to whom payments must be made.

(d) All other legal financial obligations other than restitution may be enforced at any time during the 10-year period following the offender'sp. release from total confinement or within 10 years of entry of the judgment and sentence, whichever period ends later.

23 HB 1499 offender's release from total confinement or within 10 years of entry of the judgment and sentence, whichever period ends later.

A person does not have the current ability to pay if the person is indigent as defined in ((RCW 10.01.160(3))) section 1314 of this act.

(e) The department may only supervise the offender's compliance with payment of the legal financial obligations during any period in 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 confined 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 p.such period.

20 SHB 1499 such period.

If the department sets the monthly payment amount, the department may modify the monthly payment amount without the matter beingp. returned to the court.

24 HB 1499 being returned to the court.

If the county clerk sets the monthly payment amount, or if the department set the monthly payment amount and the department has subsequently turned the collection of p.the legal financial obligation over to the county clerk, the clerk may modify the monthly payment amount without the matter being returned to the court.

21 SHB 1499 the legal financial obligation over to the county clerk, the clerk may modify the monthly payment amount without the matter being returned to the court.

(((10)))p. (9) The department or any obligee of the legal financial obligation may seek a mandatory wage assignment for the purposes of obtaining satisfaction for the legal financial obligation pursuant to RCW 9.94A.7701.

25 HB 1499 (((10))) (9) The department or any obligee of the legal financial obligation may seek a mandatory wage assignment for the purposes of obtaining satisfaction for the legal financial obligation pursuant to RCW 9.94A.7701.

(((12))) (11)(a) The administrative office of the courts shall mail individualized periodic billings to the address known by the p.office for each offender with an unsatisfied legal financial obligation.

22 SHB 1499 office for each offender with an unsatisfied legal financial obligation.

(((15)))p. (14) Nothing in this chapter makes the department, the state, the counties, or any state or county employees, agents, or other persons acting on their behalf liable under any circumstances for the payment 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.

26 HB 1499 (((15))) (14) Nothing in this chapter makes the department, the state, the counties, or any state or county employees, agents, or other persons acting on their behalf liable under any circumstances for the payment 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.

11.12.

p.(b) For a defendant sentenced for a domestic violence offense, or under RCW 46.61.5055, the superior court may suspend the imposition or the execution of the sentence and may direct that the suspension continue upon such conditions and for such time as the court shall designate, not to exceed five years.

23 SHB 1499 (b) For a defendant sentenced for a domestic violence offense, or under RCW 46.61.5055, the superior court may suspend the imposition or the execution of the sentence and may direct that the suspension continue upon such conditions and for such time as the court shall designate, not to exceed five years.

As a condition of probation, the superior court may require the defendant to make such monetary payments, on such terms as it deems appropriate underp. the circumstances, as are necessary:

27 HB 1499 under the circumstances, as are necessary:

and (((f))) (e) to make restitution to a public agency for the costs of an p.emergency response under RCW 38.52.430, and may require bonds for the faithful observance of any and all conditions imposed in the probation.

24 SHB 1499 emergency response under RCW 38.52.430, and may require bonds for the faithful observance of any and all conditions imposed in the probation.

A person does not have the current ability to pay if the person is indigent as defined in ((RCW 10.01.160(3))) sectionp. 13 of this act.

28 HB 1499 section 14 of this act.

(6) If the probationer has been ordered to make restitution and the superior court has ordered supervision, the officer supervising p.the probationer shall make a reasonable effort to ascertain whether restitution has been made.

25 SHB 1499 the probationer shall make a reasonable effort to ascertain whether restitution has been made.

12.13.

Costs may be imposed only upon a convicted defendant, except for costs imposed upon a defendant's entry into a deferred prosecution program, costs imposed uponp. a defendant for pretrial supervision, or costs imposed upon a defendant for preparing and serving a warrant for failure to appear.

29 HB 1499 upon a defendant for pretrial supervision, or costs imposed upon a defendant for preparing and serving a warrant for failure to appear.

Costs of incarceration imposed on a defendant p.convicted of a misdemeanor or a gross misdemeanor may not exceed the actual cost of incarceration.

26 SHB 1499 convicted of a misdemeanor or a gross misdemeanor may not exceed the actual cost of incarceration.

(b) is homeless or mentally ill as defined in RCW 71.24.025;p.

30 HB 1499 71.24.025;

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 p.restitution.

27 SHB 1499 restitution.

Medical or mental health treatment and services a defendant receives at a state hospital or other facility are not a costp. of prosecution and shall be recoverable under RCW 10.77.250 and 70.48.130, chapter 43.20B RCW, and any other applicable statute.

31 HB 1499 cost of prosecution and shall be recoverable under RCW 10.77.250 and 70.48.130, chapter 43.20B RCW, and any other applicable statute.

13.14.

(1) Meets the criteria defined in RCW 10.101.010(3) (a) orthrough (b);(c);

(3) has household income ofabove 200 percent or less of the federal poverty level;guidelines and has recurring basic living costs, as defined in RCW 10.101.010, that render the defendant without the financial ability to pay;

or (4) has householdother incomecompelling abovecircumstances 200that percentexist of the federal poverty levels and has recurring basic living costs, as defined in RCW 10.101.010, that renderdemonstrate thean defendantinability without the financial ability to pay;pay.

or (5) has other compelling circumstances that exist that demonstrate an inability to pay.

14.15.

p.(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.

28If SHBthe 1499court (1)finds Whenthat athe defendant is sentencedindigent toas paydefined fines,in penalties,((RCW assessments,10.01.160(3))) fees,section restitution,14 orof costs,this act, the court mayshall grant permission for payment to be made within a specified period of time or in specified installments.

If the court finds that the defendant is indigent as defined in ((RCW 10.01.160(3))) section 13 of this act, the court shall grant permission for payment to be made within a specified period of time or in specified installments.

Sec.p.

15.32 HB 1499 Sec.

16.

To help ensure continued sobriety and reduce the likelihood of reoffense, the court may order reasonable p.conditions during the period of the deferred prosecution including, but not limited to, attendance at self-help recovery support groups for alcoholism or drugs, complete abstinence from alcohol and all nonprescribed mind-altering drugs, periodic urinalysis or breath analysis, and maintaining law-abiding behavior.

29 SHB 1499 conditions during the period of the deferred prosecution including, but not limited to, attendance at self-help recovery support groups for alcoholism or drugs, complete abstinence from alcohol and all nonprescribed mind-altering drugs, periodic urinalysis or breath analysis, and maintaining law-abiding behavior.

Thep. court may terminate the deferred prosecution program upon violation of the deferred prosecution order.

33 HB 1499 The court may terminate the deferred prosecution program upon violation of the deferred prosecution order.

16.17.

As a condition of granting a deferred prosecution petition, the court may order the petitioner to p.make restitution ((and)).

30 SHB 1499 make restitution ((and)).

In addition, to help ensure continued sobriety and reduce the likelihood of reoffense in co-occurring domestic violence and substance use disorder or mental health disorder cases, the court may order reasonable conditions during the period of the deferred prosecutionp. including, but not limited to, attendance at self-help recovery support groups for substance use disorder, complete abstinence from alcohol and all nonprescribed mind-altering drugs, periodic urinalysis or breath analysis, and maintaining law-abiding behavior.

34 HB 1499 prosecution including, but not limited to, attendance at self-help recovery support groups for substance use disorder, complete abstinence from alcohol and all nonprescribed mind-altering drugs, periodic urinalysis or breath analysis, and maintaining law-abiding behavior.

17.18.

In a jurisdiction without a probation department, the court may appoint an appropriate person or agency to p.supervise the petitioner.

31 SHB 1499 supervise the petitioner.

18.19.

(1)p. If the charge for which deferral is granted relates to operation of a motor vehicle, at least once every three months request an abstract of the petitioner's driving record;

35 HB 1499 (1) If the charge for which deferral is granted relates to operation of a motor vehicle, at least once every three months request an abstract of the petitioner's driving record;

19.20.

When the defendant is found guilty, the court shall render judgment accordingly((,accordingly ((, and the defendant may be liable for all costs, unless the court or jury trying the cause expressly find otherwise)).

The court shall not order a defendant to pay costs, as ((described)) defined in RCW 10.01.160, except as specifically p.authorized by statute.

32The SHBcourt 1499shall authorizednot byorder statute.a defendant to pay costs if the court finds that the person at the time of sentencing is indigent as defined in ((RCW 10.01.160(3))) section 14 of this act.

The court shall not order a defendant to pay costs if the court finds that the person at the time of sentencing is indigent as defined in ((RCW 10.01.160(3))) section 13 of this act.

20.21.

This oversight committee shall include a representative from the district and municipal court judges' association, the misdemeanantp. corrections association, the administrative office of the courts, and associations of cities and counties.

36 HB 1499 misdemeanant corrections association, the administrative office of the courts, and associations of cities and counties.

(5) Assessments and fees levied upon a probationer under this section must be suspended while the probationer is being supervised p.by another state under RCW 9.94A.745, the interstate compact for adult offender supervision.)) (2) Probation departments may not levy fees or assessments related to any misdemeanor or felony evaluation or supervision services.

33 SHB 1499 by another state under RCW 9.94A.745, the interstate compact for adult offender supervision.)) (2) Probation departments may not levy fees or assessments related to any misdemeanor or felony evaluation or supervision services.

21.22.

"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,p. 10.46.190, or 36.18.040, or other similar statutes)) as specifically authorized by statute 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)).

37 HB 1499 10.01.160, 10.46.190, or 36.18.040, or other similar statutes)) as specifically authorized by statute 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)).

22.23.

p.(1) A determination of indigency shall be made for all persons wishing the appointment of counsel in criminal, juvenile, involuntary commitment, and dependency cases, and any other case where the right to counsel attaches.

34 SHB 1499 (1) A determination of indigency shall be made for all persons wishing the appointment of counsel in criminal, juvenile, involuntary commitment, and dependency cases, and any other case where the right to counsel attaches.

(4)p. If a determination of eligibility cannot be made before the time when the first services are to be rendered, the court shall appoint an attorney on a provisional basis.

38 HB 1499 (4) If a determination of eligibility cannot be made before the time when the first services are to be rendered, the court shall appoint an attorney on a provisional basis.

p.(6))) The office or individual charged by the court to make the determination of indigency shall provide a written report and opinion as to indigency on a form prescribed by the office of public defense, based on information obtained from the defendant and subject to verification.

35 SHB 1499 (6))) The office or individual charged by the court to make the determination of indigency shall provide a written report and opinion as to indigency on a form prescribed by the office of public defense, based on information obtained from the defendant and subject to verification.

23.24.

The chief clerk shall on eachp. day pay into the city treasury all money received for the city during the day previous, with a detailed account of the same, and taking the treasurer's receipt therefor.

39 HB 1499 each day pay into the city treasury all money received for the city during the day previous, with a detailed account of the same, and taking the treasurer's receipt therefor.

"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)) as specifically authorized by statute if such costs are specifically designated as costs by the court ((and are awarded for the specific reimbursement of costs incurred by the state, county, city, or town in the prosecution of the case, including the fees of defense p.counsel)).

36 SHB 1499 counsel)).

24.25.

(2)(a)p. For the filing of a petition for modification of a decree of dissolution or paternity, within the same case as the original action, and any party filing a counterclaim, cross-claim, or third- party claim in any such action, a fee of $36 must be paid.

40 HB 1499 (2)(a) For the filing of a petition for modification of a decree of dissolution or paternity, within the same case as the original action, and any party filing a counterclaim, cross-claim, or third- party claim in any such action, a fee of $36 must be paid.

On or before December 15th of each year, the county shall report to the department of social and health services revenues p.associated with this section and community-based domestic violence services expenditures.

37 SHB 1499 associated with this section and community-based domestic violence services expenditures.

For copies made onp. a compact disc, an additional fee of $20 for each compact disc must be charged.

41 HB 1499 on a compact disc, an additional fee of $20 for each compact disc must be charged.

p.(11) For clerk's services such as performing historical searches, compiling statistical reports, and conducting exceptional record searches, the clerk may collect a fee not to exceed $30 per hour.

38 SHB 1499 (11) For clerk's services such as performing historical searches, compiling statistical reports, and conducting exceptional record searches, the clerk may collect a fee not to exceed $30 per hour.

(19)p. For preparation of a change of venue, a fee of $20 must be charged by the originating court in addition to the per page charges in subsection (4) of this section.

42 HB 1499 (19) For preparation of a change of venue, a fee of $20 must be charged by the originating court in addition to the per page charges in subsection (4) of this section.

p.(25) For filing a request for civil arbitration, a filing fee may be assessed against the party filing a statement of arbitrability not to exceed $250 as established by authority of local ordinance.

39 SHB 1499 (25) For filing a request for civil arbitration, a filing fee may be assessed against the party filing a statement of arbitrability not to exceed $250 as established by authority of local ordinance.

The revenue to counties from the fees established in this section shall be deemed to be complete reimbursement from the state for the state's share of benefits paid to the superior court judges of the statep. prior to July 24, 2005, and no claim shall lie against the state for such benefits.

43 HB 1499 state prior to July 24, 2005, and no claim shall lie against the state for such benefits.

25.26.

(a) In addition to any other fee required by law, the party filing the first or initial document in any civil action, including, but not limited to an action for restitution, adoption, or change of name, and any party filing a counterclaim, cross-claim, or third- party claim in any such civil action, shall pay, at the time the document is filed, a fee of $200 except, in an unlawful detainer p.action under chapter 59.18 or 59.20 RCW for which the plaintiff shall pay a case initiating filing fee of $45, or in proceedings filed under RCW 28A.225.030 alleging a violation of the compulsory attendance laws where the petitioner shall not pay a filing fee.

40 SHB 1499 action under chapter 59.18 or 59.20 RCW for which the plaintiff shall pay a case initiating filing fee of $45, or in proceedings filed under RCW 28A.225.030 alleging a violation of the compulsory attendance laws where the petitioner shall not pay a filing fee.

(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 objectingp. to a written agreement or memorandum as provided in RCW 11.96A.220, there shall be paid a fee of $200.

44 HB 1499 objecting to a written agreement or memorandum as provided in RCW 11.96A.220, there shall be paid a fee of $200.

p.(3) No filing fee shall be charged or collected in a criminal case.

41 SHB 1499 (3) No filing fee shall be charged or collected in a criminal case.

26.27.

Interestp. on judgments shall accrue as follows:

45 HB 1499 Interest on judgments shall accrue as follows:

In any case where a court is directed on review to enter judgment on a verdict or p.in any case where a judgment entered on a verdict is wholly or partly affirmed on review, interest on the judgment or on that portion of the judgment affirmed shall date back to and shall accrue from the date the verdict was rendered.

42 SHB 1499 in any case where a judgment entered on a verdict is wholly or partly affirmed on review, interest on the judgment or on that portion of the judgment affirmed shall date back to and shall accrue from the date the verdict was rendered.

(5)p. Except as provided under subsection (1) of this section, judgments for unpaid consumer debt, as defined in RCW 6.01.060, shall bear interest from the date of entry at a rate of nine percent.

46 HB 1499 (5) Except as provided under subsection (1) of this section, judgments for unpaid consumer debt, as defined in RCW 6.01.060, shall bear interest from the date of entry at a rate of nine percent.

27.28.

p.(1) Except as provided in subsections (2), (3), and (4) of this section, the party in whose favor a judgment of a court has been or may be filed or rendered, or the assignee or the current holder thereof, may have an execution, garnishment, or other legal process issued for the collection or enforcement of the judgment at any time within 10 years from entry of the judgment or the filing of the judgment in this state.

43 SHB 1499 (1) Except as provided in subsections (2), (3), and (4) of this section, the party in whose favor a judgment of a court has been or may be filed or rendered, or the assignee or the current holder thereof, may have an execution, garnishment, or other legal process issued for the collection or enforcement of the judgment at any time within 10 years from entry of the judgment or the filing of the judgment in this state.

If a district court judgment of this state is transcribed to a superior court of thisp. state, the original district court judgment shall not be extended and any petition under this section to extend the judgment that has been transcribed to superior court shall be filed in the superior court within 90 days before the expiration of the 10-year period of the date the transcript of the district court judgment was filed in the superior court of this state.

47 HB 1499 this state, the original district court judgment shall not be extended and any petition under this section to extend the judgment that has been transcribed to superior court shall be filed in the superior court within 90 days before the expiration of the 10-year period of the date the transcript of the district court judgment was filed in the superior court of this state.

The application shall be granted as a matter of right, subject to review only for timeliness, p.factual issues of full or partial satisfaction, or errors in calculating the judgment summary amounts.

44 SHB 1499 factual issues of full or partial satisfaction, or errors in calculating the judgment summary amounts.

A personp. does not have the current ability to pay if the person is indigent as defined in ((RCW 10.01.160(3))) section 13 of this act.

48 HB 1499 person does not have the current ability to pay if the person is indigent as defined in ((RCW 10.01.160(3))) section 14 of this act.

(6) 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 p.effect and does not have to be rerecorded after it is extended.

45 SHB 1499 effect and does not have to be rerecorded after it is extended.

28.29.

(1) Except as provided in subsection (4) of this section, when any adult person is found guilty in any superior court of having committed a crime, except as provided in subsection (2) of this section,p. there shall be imposed by the court upon such convicted person a penalty assessment.

49 HB 1499 section, there shall be imposed by the court upon such convicted person a penalty assessment.

(3) Except as provided in subsection (4) of this section, when any adult person accused of having committed a crime posts bail in p.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.

46(4) SHBThe 1499 superior court pursuant to the provisions of chapter 10.19 RCW and such bail is forfeited, there shall benot deductedimpose from the proceeds of such forfeited bail a penalty assessment,assessment inunder additionthis tosection anyif otherthe penaltycourt orfinds finethat imposedthe bydefendant, law,at equal to the assessmenttime whichof wouldsentencing, beis applicableindigent underas subsectiondefined (1)in of((RCW this10.01.160(3))) section if14 the person had been convicted of thethis crime.act.

(4) The court shall not impose the penalty assessment under this section if the court finds that the defendant, at the time of sentencing, is indigent as defined in ((RCW 10.01.160(3))) section 13 of this act.

A person does not have the ability to pay if the person is indigent as defined in ((RCW 10.01.160(3))) section 1314 of this act.

Each county shall deposit one hundred percent of the money it receives per case or cause of action under subsection (1) of this section, not less than one and seventy- five one-hundredths percent of the remaining money it retains under RCW 10.82.070 and the money it retains under chapter 3.62 RCW, and allp. money it receives under subsection (9) of this section into a fund maintained exclusively for the support of comprehensive programs to encourage and facilitate testimony by the victims of crimes and witnesses to crimes.

50 HB 1499 all money it receives under subsection (9) of this section into a fund maintained exclusively for the support of comprehensive programs to encourage and facilitate testimony by the victims of crimes and witnesses to crimes.

(b) Are administered by the county prosecuting attorney either directly through the prosecuting attorney's office or by contract p.between the county and agencies providing services to victims of crime;

47 SHB 1499 between the county and agencies providing services to victims of crime;

The county prosecuting attorney shall not make any expenditures from thep. money deposited under subsection (6) of this section until approval of a comprehensive plan by the department.

51 HB 1499 the money deposited under subsection (6) of this section until approval of a comprehensive plan by the department.

(9) Every city and town shall transmit monthly one and seventy- five one-hundredths percent of all money, other than money received for parking infractions, retained under RCW 3.50.100 and 35.20.220 to p.the county treasurer for deposit as provided in subsection (6) of this section.

48 SHB 1499 the county treasurer for deposit as provided in subsection (6) of this section.

29.30.

If the court finds that the defendant is indigent as defined in ((RCW 10.01.160(3))) section 1314 of this act, the court shall allow for payment in certain designated installments or within certain designated periods.

30.31.

(1) If an offender violates any condition or requirement of a sentence, and the offender is not being supervised by the department, thep. court may modify its order of judgment and sentence and impose further punishment in accordance with this section.

52 HB 1499 the court may modify its order of judgment and sentence and impose further punishment in accordance with this section.

p.(i) Convert a term of partial confinement to total confinement;

49 SHB 1499 (i) Convert a term of partial confinement to total confinement;

(b)p. The state has the burden of showing noncompliance by a preponderance of the evidence;

53 HB 1499 (b) The state has the burden of showing noncompliance by a preponderance of the evidence;

An offender who is indigent as defined in ((RCW 10.01.160(3))) section 1314 of this act is presumed to lack the current ability to pay;

p.(d) If the court determines that the offender 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 noncompliance and shall not subject the offender to penalties;

50 SHB 1499 (d) If the court determines that the offender 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 noncompliance and shall not subject the offender to penalties;

and (f) If the court finds that the violation was not willful, the court may, and if the court finds that the defendant is indigent as defined in ((RCW 10.01.160(3))) section 1314 of this act, the court shall modify the terms of payment of the legal financial obligations, reduce or waive nonrestitution legal financial obligations, or convert nonrestitution legal financial obligations 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.

31.32.

(1)p. 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.

54 HB 1499 (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.

(a)(i) Following the violation, if the offender and the department make a stipulated agreement, the department may impose sanctions such as work release, home detention with electronic monitoring, work crew, community restitution, inpatient treatment, p.daily reporting, curfew, educational or counseling sessions, supervision enhanced through electronic monitoring, jail time, or other sanctions available in the community.

51 SHB 1499 daily reporting, curfew, educational or counseling sessions, supervision enhanced through electronic monitoring, jail time, or other sanctions available in the community.

If the court finds that the violation has occurred, it may order the offender to be confined for a period not to exceed 60 days for each violation, and may (i) convert a term ofp. 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.

55 HB 1499 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.

Enforcement of orders concerning outpatient mental health treatment must reflect the availability of treatment and must pursue the least restrictive means p.of promoting participation in treatment.

52 SHB 1499 of promoting participation in treatment.

In determining whether thep. offender has the current ability to pay, the court shall inquire into and consider:

56 HB 1499 the offender has the current ability to pay, the court shall inquire into and consider:

An offender who is indigent as defined in ((RCW 10.01.160(3))) section 1314 of this act is presumed to lack the current ability to pay;

(e) If the court finds that the failure to pay is willful noncompliance, the court may order the offender to be confined for a period not to exceed 60 days for each violation or order one or more p.of the penalties authorized in subsection (3)(a)(i) of this section;

53and SHB(f) 1499If ofthe court finds that the penaltiesviolation authorizedwas not willful, the court may, and if the court finds that the defendant is indigent as defined in subsection((RCW (3)(a)(i)10.01.160(3))) section 14 of this section;act, the court shall modify the terms of payment of the legal financial obligations, reduce or waive nonrestitution legal financial obligations, or convert nonrestitution legal financial obligations 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.

and (f) If the court finds that the violation was not willful, the court may, and if the court finds that the defendant is indigent as defined in ((RCW 10.01.160(3))) section 13 of this act, the court shall modify the terms of payment of the legal financial obligations, reduce or waive nonrestitution legal financial obligations, or convert nonrestitution legal financial obligations 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.

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 communityp. corrections officer shall notify each other about the offender's discharge, release, and legal status, and shall share other relevant information.

57 HB 1499 community corrections officer shall notify each other about the offender's discharge, release, and legal status, and shall share other relevant information.

32.33.

Legal financial obligations imposed upon an entity shall be entered and docketed by the clerk, or district or municipal court as a judgment against the entity, and it shall be of the same force and effect and be enforced against such p.entity in the same manner as a judgment in a civil action.

54 SHB 1499 entity in the same manner as a judgment in a civil action.

33.34.

(2)p. When any fine, penalty, assessment, fee, or assessment of costs is imposed on a corporation or unincorporated association, it is the duty of the person authorized to make disbursement from the assets of the corporation or association to pay the obligation from those assets, and his or her failure to do so may be held to be contempt.

58 HB 1499 (2) When any fine, penalty, assessment, fee, or assessment of costs is imposed on a corporation or unincorporated association, it is the duty of the person authorized to make disbursement from the assets of the corporation or association to pay the obligation from those assets, and his or her failure to do so may be held to be contempt.

and (iii) the p.defendant's bona fide efforts to acquire additional resources.

55A SHBdefendant 1499who defendant'sis bonaindigent fideas effortsdefined in ((RCW 10.01.160(3))) section 14 of this act is presumed to acquirelack additionalthe resources.current ability to pay.

A defendant who is indigent as defined in ((RCW 10.01.160(3))) section 13 of this act is presumed to lack the current ability to pay.

(5) If it appears to the satisfaction of the court that the default in the payment of any fine, penalty, assessment, fee, or costs is not willful contempt, the court may, and if the defendant is indigent as defined in ((RCW 10.01.160(3))) section 1314 of this act, the court shall enter an order:

(c) revoking the fine, penalty, assessment, fee, or costsp. or the unpaid portion thereof in whole or in part;

59 HB 1499 costs or the unpaid portion thereof in whole or in part;

34.35.

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, 9.94B.040, and 10.01.180, may at any time petition the sentencing court for remission of the payment of fines or of any unpaid portion thereof.

56 SHB 1499 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, 9.94B.040, and 10.01.180, may at any time petition the sentencing court for remission of the payment of fines or of any unpaid portion thereof.

Manifest hardship exists where the defendant is indigent as defined in ((RCW 10.01.160(3))) section 1314 of this act.

35.36.

Expenditures from the account may be used only for the support of judicial branch agencies and, for the 2021-2023 fiscal biennium, for expendituresp. to address state and local costs related to the State v.

60 HB 1499 expenditures to address state and local costs related to the State v.

36.37.

(4) RCW 10.82.090 (Interest on judgments— Disposition of nonrestitution interest) and 2023 c 449 s 13, 2022 c 260 s 12, 2018 c p.269 s 1, 2015 c 265 s 23, 2011 c 106 s 2, 2009 c 479 s 14, 2004 c 121 s 1, 1995 c 291 s 7, & 1989 c 276 s 3;

57 SHB 1499 269 s 1, 2015 c 265 s 23, 2011 c 106 s 2, 2009 c 479 s 14, 2004 c 121 s 1, 1995 c 291 s 7, & 1989 c 276 s 3;

37.38.

Sections 1516 and 1718 of this act expire January 1, 2026.

38.39.

Sections 1617 and 1819 of this act take effect January 1, 2026.

5861 SHBHB 1499