HB 2102 — Concerning legal financial obligations.

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This bill amends 28 section(s) of the Revised Code of Washington: RCW 3.50.100; RCW 9A.88.120; RCW 3.62.040; RCW 3.66.120; RCW 6.17.020; RCW 9.92.060.

• RCW 3.50.100

  thirty-two under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes 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 counsel bail forfeitures, twenty-five)) 25 percent to the state treasurer for deposit in the state general fund, ((twenty-five twenty-five → as follows: (1) Costs in civil and criminal actions may be imposed as provided in district court. All fees, costs, fines, forfeitures and other money imposed by any municipal court for the violation of any municipal or town ordinances shall be collected by the court clerk and, together with any other noninterest revenues received by the clerk, shall be deposited with the city or town treasurer as a part of the general fund of the city or town, or deposited in such other fund of the city or town, or deposited in such other funds as may be designated by the laws of the state of Washington. (2) Except as provided in RCW 9A.88.120 and 10.99.080, the city treasurer shall remit monthly 32 percent of the noninterest money received under this section, other than for parking infractions, and certain costs to the state treasurer. "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 ⟦INS⟧as specifically authorized by statute costs are specifically designated as costs by the court . Money remitted u der this subsection to the tate treasurer shall be deposited in he state general fund. (3) The balanc of the noninterest money received u er this section shall be retained by the city and deposited as pr vided by law. (4)(a) Except a provided in (b) of this subsection, p nalties, fines, fees, and co ts may accrue interest at the rate of ( )) 12 percent per annum, upon assignment to a collection ncy. Interest may accrue only while the case is in collection sta (b) As of June , 2018, penalties, fines, bail forfeitur ees, and costs imposed a ainst a defendant in a criminal proceed hall not accrue interest. (5) Interest retained by the court on penalties, fine and costs imposed in civil proceedings 25 for depos t in the judicial in ma in RCW 2.68.020, ⟦INS⟧25 und, and ( 25 ocal courts

  amended

• RCW 9A.88.120

  thirty-two under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes 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 (4) bail forfeitures, twenty-five twenty-five twenty-five → 02 s: Except as vi ees, fines, rf or in p t es and pe ti cause of th vi lerk of the is together w a noting the fo ed by law. Except ( )) (5) an 32 state treasurer. "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 as specifically authorized by statute if such costs are specifically designated as costs by the court . With the exception unds to be transferred th icial stabilization trust acco nder ted under this subsection to tate treasurer shall be si n the state general fund. (3) The balance oninterest money received by t unty treasurer under sub ti ) of this section shall be dep d in the county curren ex fund. Funds deposited un this subsection that a at table to the county's porti f a surcharge imposed u r .62.060(2) must be used to supp ocal trial court and cou el functions. (4) Except as vi in RCW 7.84.100 (5), oney collected for coun pa infractions shall be remitte the clerk of the distr c at least monthly, with the in tion required under su ct (1) of this section, to th unty treasurer for depos n ounty current expense fund. (5)(a) Except a ro in (b) of this subsection, p ies, fines, fees, and c s accrue interest at the rate elve percent per annum, n gnment to a collection agency. rest may accrue only whi he is in collection status. (b) As of June 20 enalties, fines, bail forfeitur ees, and costs imposed a ns efendant in a criminal proceed hall not accrue interest (6) Interest r ne the court on penalties, fine nd s imposed in civil proceedings 25 ent to the ate ( 25 judicial i rm 25 25

  amended

• RCW 3.62.040

  thirty-two under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes 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 counsel bail forfeitures, twenty-five twenty-five twenty-five twenty-five → as follows: (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. (2) Except as provided in RCW 9A.88.120 and 10.99.080, the city treasurer shall remit monthly 32 percent of the noninterest money received under this section, other than for parking infractions and certain costs, to the state treasurer. "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 as specifically authorized by statute if such costs are specifically designated as costs by the court . Money remitted u der this subsection to the te urer shall be deposited in he state general fund. (3) The balanc f oninterest money received u er this section shall be r ne the city and deposited as pr vided by law. (4) All money le or city parking infractions hall be remitted by the cle of istrict court at least month y to the city treasurer for si he city's general fund. (5)(a) Except a ro in (b) of this subsection, p nalties, fines, fees, and co m rue interest at the rate of ( )) 12 percent per a , assignment to a collection ncy. Interest may accrue y the case is in collection sta (b) As of June 20 nalties, fines, bail forfeitur ees, and costs imposed a ns fendant in a criminal proceed hall not accrue interest (6) Interest r ne the court on penalties, fine nd imposed in civil proceedings 25 nt to the te 25 urer for deposit in the judicial informatio ac nt as ded in RCW 2.68.020, 25 p o t city al fund, and 25 percent to th ene fund nd local courts.

  amended

• RCW 3.66.120

  may may and accrued interest on restitution or likely future RCW 10.01.160(3) → ded read llows: 1) All court-ordered restitution obligations or ed as ult of a conviction for a criminal offense in of mited diction may be enforced in the same manner dgme in a action by the party or entity to whom t l f ncial ation is owed. The judgment and sentence must y t party tity to whom restitution is owed so that t , p y, or y may enforce the judgment. 2) At any time, including at sentencing, the shall mine that the offender is not required to pa shall ve the offender of the requirement to pa tution where the entity to wh⟦INS⟧om restitution is owed is an insurer or st tution owed to the department of labor er 7.68 RCW, if the court finds that the urrent ability to p the current abil to pay if the person section 14 of this act

  amended

• RCW 6.17.020

  [the] [the] or likely future)) ability to pay the nonrestitution legal financial obligations. A person does not have the current ability to pay if the person is indigent as defined in ((RCW 10.01.160(3) → gment mma s provided in R 4.64.030. The filing fe der s s ection shall be cluded in the judgmen shal be ecoverable cost. he application shall b a mat of ght, subject to iew only for timeliness sues f or partial sa faction, or errors i the j men ummary amounts. A par who tains a judgmen r order for restitutio a cr nal dgment and sente or the assignee or th der reo may execute, g ish, and/or have lega ued u th udgment or orde ny time within 10 year to t ent of the judgment d sentence or 10 year he of der release from tot confinement as provide 9.94A . clerk of ⟦INS⟧the superior court, or nated t clerk, may seek ension under subsectio sect fo urposes of colle on as allowed under RC rovid tha o filing fee sha e required. arty o o ins a judgment order for court-ordere cial iga ns other than itution, pursuant to dgmen d s ence, or the ass ee or the current holde y exe , g ish, and have le process issued upon th orde y t within 10 years bsequent to the entry o t an sen e or 10 years llowing the offender' m tot con ment as provided chapter 9.94A RCW. Th the perior court, or party designated by th under subsectio (3) of this section fo allowed under 36.18.190, only if th nder has the cu nt ⟦INS⟧section 14 of this act

  amended

• RCW 9.92.060

  and incurred in the prosecution of the case may may and accrued interest on restitution or likely future RCW 10.01.160(3) → such terms as the superior court deems appropriate under the circumstances, as are necessary: (a) To comply with any order of the court for the payment of family support; (b) to make restitution to any person or persons who may have suffered loss or damage by reason of the commission of the crime in question or when 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; (c) to pay any fine imposed and not suspended by the court or other costs specifically authorized by statute, ding reimbursement of the state for costs radi n if n to this state by extradition was req nd ) to ibute to a county or interlocal drug fund. 3) At any time, including at sentencing, the shall mine that the offender is not required to pa shall ve the offender of the requirement to pa tution where the entity to wh⟦INS⟧om restitution is owed is an insurer or a estitution owed to the department of labor er 7.68 RCW, if the court finds that the urrent ability to p the current abil to pay if the person section 14 of this act supervision, the officer supervising the probationer shall make a reasonable effort to ascertain whether restitution has been made as ordered. If the superior court has ordered supervision and restitution has not been made, the officer shall inform the prosecutor of that violation of the terms of the suspended sentence not less than three months prior to the termination of the suspended sentence.

  amended

• RCW 9.94A.725

  with the cost of monitoring to be paid by the offender, unless indigent; upon Whenever an offender receives credit against a work crew sentence for hours of approved, verified employment, the offender shall pay to the agency administering the program the monthly assessment of an amount not less than ten dollars per month nor more than fifty dollars per month. This assessment shall be considered payment of the costs of providing the work crew program to an offender. The court may exempt a person from the payment of all or any part of the assessment based upon any of the following factors: (1) The offender has diligently attempted but has been unable to obtain employment that provides the offender sufficient income to make such payment. (2) The offender is a student in a school, college, university, or a course of vocational or technical training designed to fit the student for gainful employment. (3) The offender has an employment handicap, as determined by an examination acceptable to or ordered by the court. (4) The offender is responsible for the support of dependents and the payment of the assessment constitutes an undue hardship. (5) Other extenuating circumstances as determined by the court. → read as follows: Participation in a work crew is conditioned upon the offender's acceptance into the program, abstinence from alcohol and controlled substances as demonstrated by urinalysis and breathalyzer monitoring, and compliance with the rules of the program, which rules require the offender to work to the best of his or her abilities and provide the program with accurate, verified residence information. Work crew may be imposed simultaneously with electronic home detention. Where work crew is imposed as part of a sentence of nine months or more, the offender must serve a minimum of thirty days of total confinement before being eligible for work crew. Work crew tasks shall be performed for a minimum of thirty-five hours per week. Only those offenders sentenced to a facility operated 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. Offenders sentenced for a sex offense are not eligible for the work crew program. An offender who has successfully completed four weeks of work crew at thirty-five hours per week shall thereafter receive credit toward the work crew sentence for hours worked at approved, verified employment. Such employment credit may be earned for up to twenty- four hours actual employment per week provided, however, that every such offender shall continue active participation in work crew projects according to a schedule approved by a work crew supervisor until the work crew sentence has been served. The hours served as part of a work crew sentence may include substance abuse counseling and/or job skills training. The civic improvement tasks performed by offenders on work crew shall be unskilled labor for the benefit of the community as p. 11 HB 2102 ⟦INS⟧determined by the head of the county executive branch or his or her designee. Civic improvement tasks shall not be done on private property unless it is owned or operated by a nonprofit entity, except that, for emergency purposes only, work crews may perform snow removal on any private property. The civic improvement tasks shall have minimal negative impact on existing private industries or the labor force in the county where the service or labor is performed. The civic improvement tasks shall not affect employment opportunities for people with developmental disabilities contracted through sheltered workshops as defined in RCW 82.04.385. In case any dispute arises as to a civic improvement task having more than minimum negative impact on existing private industries or labor force in the county where their service or labor is performed, the matter shall be referred by an interested party, as defined in RCW 39.12.010(4), for arbitration to the director of the department of labor and industries of the state. No fees or assessments shall be charged to an offender for participation in a work crew or for the costs of urinalysis and breathalyzer monitoring.

  amended

• RCW 10.01.160

  present, past, and future may may and accrued interest on restitution or likely future RCW 10.01.160(3) → re each amended to read a llows: Th section or before July 1, 1985. (1 f rest all determine the amount restit ing or within 180 days. court 180 days for good cause. e court y payment that the offend s requ n that is ordered. The co shall s the commencement of re ution p is released from total inement deration the total amount the re current s t the res ution asi or a ity make of to a h a b. cor tions has een a the nthly rec end a our f the se ncing th eport cha in is tion, co ction to loss i y to n s l not p and he ts of am t of nde gain shall shall ve the offender of the requirement to pa tution where the entity to wh⟦INS⟧om restitution is owed is an insurer or st tution owed to the department of labor er 7.68 RCW, if the court finds that the urrent ability to p the current abil to pay if the person section 14 of this act the pu c affec ally interested in the s ct mat by advertising in design areas other appropriate means. (8 his se edies or defenses availa to th upport enforcement remedi or sup f this section for a chil rn as m. The court shall identi in the r victims entitled to re ution tim. The state or victim y enfor in the same manner as a j ment in cted through civil enforc t must the court and must be dis buted p victim's loss when there ore tha

  amended

• RCW 10.01.160

  present, past, and future may may and accrued interest on restitution or likely future RCW 10.01.160(3) → re each amended to read a llows: Th ection r July 1, 1985. (1 hen res hall determine the amount restit ing or within 180 days e pt as p section. The court may c nue the r good cause. The court ll then at the offender is requir to make ordered. The court shall issu commencement of restit n paym eleased from total confin t. The eration the total amount the re current mended change and the reasons for the cha se ncing may then reset the monthly minimum payments th eport the community corrections officer of cha in mstances. 3)(a) Except as provided in subsection (6 is tion, tution ordered by a court pursuant to a co ction be based on easily ascertainable damages fo to loss operty, actual expenses incurred for treat i y to ns, and lost wages resulting from injury. Re n s l not de reimbursement for damages for mental p and ring, or other intangible losses, but may i he ts of eling reasonably related to the offens am t of tution shall not exceed double the amount of nde gain e victim's loss from the commission of the cr b) At any time, including at sentencing, the shall mine that the offender is not required to pa shall ve the offender of the requirement to pa tution where the entity to wh⟦INS⟧om restitution is owed is an insurer or st tution owed to the department of labor er 7.68 RCW, if the court finds that the urrent ability to p the current abil to pay if the person section 14 of this act action. Restitution collected through civil enforcement must be paid through the registry of the court and must be distributed proportionately according to each victim's loss when there is more than one victim. (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. Such an amount may be used to provide restitution to the victim at the order of the court. It is the duty of the prosecuting attorney to investigate the alternative of restitution, and to recommend it to the court, when the prosecuting attorney believes that restitution is appropriate and feasible. If the court orders restitution, the court must make a finding as to the amount of the victim's loss due to the filing of the report of sale in which the designated buyer had no knowledge of the vehicle transfer or the fraudulent filing of the report of sale, and if the record does not contain sufficient evidence to support such finding, the court may conduct a hearing upon the issue. For purposes of this section, "loss" refers to the amount of money or the value of property or services lost.

  amended

• RCW 9.94A.760

  as described in RCW 10.01.160 if the court finds that the offender at the time of sentencing is indigent as defined in RCW 10.01.160(3) RCW 10.01.160(3) If the court determines that the offender, at the time of sentencing, has the means to pay for the cost of incarceration, the court may require the offender to pay for the cost of incarceration. The court shall not order the offender to pay the cost of incarceration if the court finds that the offender at the time of sentencing is indigent as defined in RCW 10.01.160(3). Costs of incarceration ordered by the court shall not exceed a rate of $50 per day of incarceration, if incarcerated in a prison, or the actual cost of incarceration per day of incarceration, if incarcerated in a county jail. In no case may the court require the offender to pay more than $100 per day for the cost of incarceration. All funds recovered from offenders for the cost of incarceration in the county jail shall be remitted to the county and the costs of incarceration in a prison shall be remitted to the department. (4) (5) or likely future RCW 10.01.160(3) (6) (7) (8) (9) , and any costs incurred related to accepting credit card payments shall be the responsibility of the offender (10) (11) (12) (13) (5) (14) (15) → read as follows: (1) Whenever a person is convicted in superior court, the court may order the payment of a legal financial obligation as part of the sentence. The court may not order an offender to pay costs ⟦INS⟧except as specifically authorized by statute. An offender be section 14 of this act amount of a legal financial obligation and segregate this amount among the separate assessments made for restitution, costs, fines, and other assessments required by law. 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. 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. (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: (a) First, proportionally to restitution to victims that have not been fully compensated from other sources; (b) Second, proportionally to restitution to insurance or other sources with respect to a loss that has provided compensation to victims; (c) Third, proportionally to crime victims' assessments that have not been waived under RCW 7.68.035; and (d) Fourth, proportionally to costs, fines, and other assessments required by law. (3) The court may add to the judgment and sentence or subsequent order to pay a statement that a notice of payroll deduction is to be issued immediately. 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 p. 21 HB 2102 subseq⟦INS⟧uen ord ion y wi ut d l l f unt ual d. a dgm e st or her fin ial c k eme an fo of (4) restitution obl se committed on or er July 1, 2000, may e the offender remai under the court's jur sdi e committed on or r July 1, 2000, the our sdiction over the ender, for purposes of the e with payment of th estitution obligations un completely satisfie regardless of the stat tor me. (d) All oth bligations other tha estitution may be enf ced the 10-year period lowing the offender's ele ement or within 10 y s of entry of the jud ent ever period ends la . Prior to the expirat on r period, the super court may extend the cri itional 10 years f payment of nonrestitut on gations only if the ourt finds that the of end ity to pay the obligat ons the current abil to pay if the person s i section 14 of this act ) T de aym of the par ity der ed a ty sua par nt eri Th er ing th our t u id s u r gal nan (5) (6) mak re the fen fin ial (7) ke rec t s dul sta s. men ay ret ed men ay urp s o le th ffe r ly al on na bri al e t col ) S equ a ori c k er' ont i ina y p ent an he gal nan odi the ed th may qui iew th fin ial ed der ons nce p ert nts que tio che (8) authorized to supervise the offender in the community, the county clerk is authorized to collect unpaid legal financial obligations from the offender. Any amount collected by the department shall be remitted daily to the county clerk for the purpose of disbursements. The department and the county clerks are authorized, but not required, to accept credit cards as payment for a legal financial obligation . ⟦INS⟧(9) tion y se ing isfa 94A. 1. A unty erk. mini ativ y bi ng f (10) s a egal emen of a ies non 4A.7 If erso ho i a l fi not ject (11) indi aliz fo each tion ) Th illi ) Th ount ourt with ntly an w ) Th ount he artm tion (12) tion rsua (4) for lecti (13) ment ecur ment inc dut nec ial igat (14)

  amended

• RCW 9.95.210

  following consideration of the financial condition of the person subject to possible electronic monitoring, to pay for the costs of electronic monitoring if that monitoring was required by the court as a condition of release from custody or as a condition of probation; (e) (f) may may and accrued interest on restitution or likely future RCW 10.01.160(3) → (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 specifically authorized by statute. As a condition of probation, the superior court may require the defendant to make such monetary payments, on such terms as it deems appropriate under the circumstances, as are necessary: (a) To comply with any order of the court for the payment of family support; (b) to make restitution to any person or persons who may have suffered loss or damage by reason of the commission of the crime in question or when 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; (c) to pay such fine as may be imposed and court costs specifically authorized by statute, including reimbursement of the state for costs of extradition if return to this state by extradition was required; (d) to contribute to a county or interlocal drug fund; ⟦INS⟧and (e) ost f an nds r the ed the cas where e tims' t s not ter ed to sat act, f t crime our ithin res ution l r and hea g and shall shall ve the offender of the requirement to pa tution where the entity to wh⟦INS⟧om restitution is owed is an insurer or a estitution owed to the department of labor er 7.68 RCW, if the court finds that the urrent ability to p the current abil to pay if the person section 14 of this act

  amended

• RCW 10.01.170

  RCW 10.01.160(3) → nd 2022 c 260 s are each amended to rea sentenced to fines, penalties, ass on, or costs, court may grant per made within a sp fied period of time or If the court fi that the defendant is section 14 of this act (d) Fourth, proportionally to costs, fines, and other assessments required by law. (3) No additional fee, penalty, or assessment may be charged for a defendant to pay legal financial obligations over a period of time or in installments.

  amended

• RCW 10.01.185

  may RCW 10.01.160(3) → read as follows: 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. 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 shall 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. Manifest hardship exists where the defendant is indigent as defined in section 14 of this act.

  amended

• RCW 10.0

  and and → 140 and 2024 c 306 s 21 are each amended to read as follows: (1) As a conditio of granting a deferred prosecution petition for a violation of RCW 6.61.502 or 46.61.504, the court shall order that the petitioner sh l not operate a motor vehicle upon the public highways without a va d operator's license and proof of liability insurance. The amount liability insurance shall be established by the court at not less han that established by RCW 46.29.490. As a condition of grantin a deferred prosecution petition on any substance use disorde based case, the court shall also order the installation of an i ition interlock under RCW 46.20.720. The required periods of us of the interlock shall be not less than the periods provided for i deferred prosecution p ition, the court may order the petitioner to make restitution ⟦INS⟧. The court may not order the petitioner to pay costs as defin except as specifically authorized by statute the likelihood of reoffense, the court may order reasonable conditions during the period of the deferred 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. The court may terminate the deferred prosecution upon violation of the deferred prosecution order. (2) As a condition of granting a deferred prosecution petition for a case involving a domestic violence behavior problem: (a) The court shall order the petitioner not to possess firearms and order the petitioner to surrender firearms under RCW 9.41.800; and (b) The court may order the petitioner to make restitution . The court may not order the petitioner to pay costs as defined in RCW 10.01.160 except as specifically authorized by statute. 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 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. The court may terminate the deferred prosecution upon violation of the deferred prosecution order.

  amended

• RCW 10.05.170

  and may levy a monthly assessment upon the petitioner as provided in RCW 10.64.120 → read as follows: As a condition of granting deferred prosecution, the court may order supervision of the petitioner during the period of deferral . The court may not charge a fee or assessment in connection with the deferred prosecution. (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; (2) At least once every month make contact with the petitioner until treatment is completed; (3) Review the petitioner's criminal history at a minimum of every 90 days until the end of the deferral period; and (4) Report known violations of supervision or law and noncompliance with conditions of the deferred prosecution to the court within five business days or as soon as practicable.

  amended

• RCW 10.64.015

  , and the defendant may be liable for all costs, unless the court or jury trying the cause expressly find otherwise described RCW 10.01.160(3) → read as follows: When the defendant is found guilty, the court shall render judgment accordingly . The court shall not order a defendant to pay costs, as defined in RCW 10.01.160, except as specifically authorized by statute. 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 section 14 of this act.

  amended

• RCW 10.64.120

  Every judge of a court of limited jurisdiction shall have the authority to levy upon a person a monthly assessment not to exceed one hundred dollars for services provided whenever the person is referred by the court to the misdemeanant probation department for evaluation or supervision services. The assessment may also be made by a judge in superior court when such misdemeanor or gross misdemeanor cases are heard in the superior court. Nothing in this subsection prevents contracting jurisdictions under RCW 39.34.180(6) from agreeing to the division of moneys received for probation supervision services. (2) For the purposes of this section the (3) It shall be the responsibility of the probation services office to implement local procedures approved by the court of limited jurisdiction to ensure collection and payment of such fees into the general fund of the city or county treasury. (4) Revenues raised under this section shall be used to fund programs for probation services and shall be in addition to those funds provided in RCW 3.62.050. (5) Assessments and fees levied upon a probationer under this section must be suspended while the probationer is being supervised by another state under RCW 9.94A.745, the interstate compact for adult offender supervision. → read as follows: (1) ⟦INS⟧The misdemeanant corrections association, the administrative office of the courts, and associations of cities and counties. The oversight committee shall consider qualifications that provide the training and education necessary to (a) conduct presentencing and postsentencing background investigations, including sentencing recommendations to the court regarding jail terms, alternatives to incarceration, and conditions of release; and (b) provide ongoing supervision and assessment of offenders' needs and the risk they pose to the community. (2) Probation departments may not levy fees or assessments related to any misdemeanor or felony evaluation or supervision services.

  amended

• RCW 10.82.070

  under RCW p. 35 HB 2102 10.01.160, 10.46.190, or 36.18.040, or other similar statutes 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 → amended to lties, and a superior other like laws shall wenty days y in which the county the money the state eposit the d in this s in civil ts awarded specifically authorized by statute if such costs are specifically designated as costs by the court . Costs or assessments awarde⟦INS⟧d to dedicated accou , state e allocation or to RC .68.035 forfeitures and pe ies co t because of the vio on of a d in chapter 3.62 RC now ex nes, forfeitures, an nalties urt in cases on appe rom a l nicipal or district rt from

  amended

• RCW 10.101.02

  section or sections All persons determined to be indigent and able to contribute, shall be required to execute a promissory note at the time counsel is appointed. The person shall be informed whether payment shall be made in the form of a lump sum payment or periodic payments. The payment and payment schedule must be set forth in writing. The person receiving the appointment of counsel shall also sign an affidavit swearing under penalty of perjury that all income and assets reported are complete and accurate. In addition, the person must swear in the affidavit to immediately report any change in financial status to the court. (6) → 0 and 1997 c 41 s 5 e each indigency shall be for a ounsel in criminal, nile, cases, and any other e where court or its desi shall nt pursuant to the s ards se rmination of indige the c pated length and mplexit d customary charges n attor services, and any er ci h are relevant to th sue of shall not be denied he pers atives, other than ouse w or offenses allege committ quate to retain cou , or b ble of posting bond. of indigency shall e made with the court or the ear ourt or its designee ll keep of indigency. Any ormatio chapter (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. If the court subsequently determines that the person receiving the services is ineligible, the court shall notify the person of the termination of services, subject to court-ordered reinstatement. (5) 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. The form shall include information necessary to provide a basis for making a determination with respect to indigency as provided by this chapter. (6) A defendant who is indigent shall not be charged costs or fees for court-appointed counsel.

  amended

• RCW 35.20.220

  under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes 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 counsel bail forfeitures, twenty-five)) 25 percent to the state treasurer for deposit in the state general fund, ((twenty-five twenty-five twenty-five → 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. (2) Except as provided in RCW 9A.88.120 and 10.99.080, the city treasurer shall remit monthly thirty-two percent of the noninterest money received under this section, other than for parking infractions and certain costs to the state treasurer. "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 as specifically authorized by statute if such costs are specifically designated as costs by the court . Money emitted under this subsection to t tate treasurer shall be eposited in the state general fund. (3) The balanc of the noninterest money received u this section shall be r tained by the city and deposited as pr d by law. (4)(a) Except a provided in (b) of this subsection, p ies, fines, fees, and c sts may accrue interest at the rate elve percent per annum, upon assignment to a collection agency. rest may accrue only whi e the case is in collection status. (b) As of June , 2018, penalties, fines, bail forfeitur ees, and costs imposed a ainst a defendant in a criminal proceed hall not accrue interest (5) Interest r tained by the court on penalties, fine and costs imposed in civil proceedings 25 t in the judicial in ma 68.020, ⟦INS⟧25 25

  amended

• RCW 36.18.016

  (a) (b) Upon conviction in criminal cases a jury demand charge of $125 for a jury of six, or $250 for a jury of 12 may be imposed as costs under RCW 10.46.190. under RCW 10.46.190 → (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. (b) The party filing the first or initial petition for dissolution, legal separation, or declaration concerning the validity of marriage shall pay, at the time and in addition to the filing fee required under RCW 36.18.020, a fee of $54. The clerk of the superior court shall transmit monthly $48 of the $54 fee collected under this subsection to the state treasury for deposit in the domestic violence prevention account. The remaining six dollars shall be retained by the county for the purpose of supporting community-based domestic violence services within the county, except for five percent of the six dollars, which may be retained by the court for administrative purposes. On or before December 15th of each year, the county shall report to the department of social and health services revenues associated with this section and community-based domestic violence services expenditures. The department of social and health services shall develop a reporting form to be utilized by counties for uniform reporting purposes. (3) The party making a demand for a jury of six in a civil action shall pay, at the time, a fee of $125; if the demand is for a jury of 12, a fee of $250. If, after the party demands a jury of six and pays the required fee, any other party to the action requests a jury of 12, an additional $125 fee will be required of the party demanding the increased number of jurors. (4) For preparing a certified copy of an instrument on file or of record in the clerk's office, for the first page or portion of the first page, a fee of five dollars, and for each additional page or portion of a page, a fee of one dollar must be charged. For authenticating or exemplifying an instrument, a fee of two dollars for each additional seal affixed must be charged. For preparing a copy of an instrument on file or of record in the clerk's office without a seal, a fee of 50 cents per page must be charged. When copying a document without a seal or file that is in an electronic format, a fee of 25 cents per page must be charged. For copies made p. 39 HB 2102 ⟦INS⟧on a compact disc, an additional fee of $20 for each compact disc must be charged. (5) For executing a certificate, with or without a seal, a fee of two dollars must be charged. (6) For a garnishee defendant named in an affidavit for garnishment and for a writ of attachment, a fee of $20 must be charged. (7) For filing a supplemental proceeding, a fee of $20 must be charged. (8) For approving a bond, including justification on the bond, in other than civil actions and probate proceedings, a fee of two dollars must be charged. (9) For the issuance of a certificate of qualification and a certified copy of letters of administration, letters testamentary, or letters of guardianship, there must be a fee of five dollars. (10) For the preparation of a passport application, the clerk may collect an execution fee as authorized by the federal government. (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. (12) For processing ex parte orders, the clerk may collect a fee of $30. (13) For duplicated recordings of court's proceedings there must be a fee of $10 for each audiotape and $25 for each video or other electronic storage medium. (14) For registration of land titles, Torrens Act, under RCW 65.12.780, a fee of $20 must be charged. (15) For the issuance of extension of judgment under RCW 6.17.020 and chapter 9.94A RCW, a fee of $200 must be charged. When the extension of judgment is at the request of the clerk, the $200 charge may be imposed as court costs . This charge may not be imposed in criminal cas

  amended

• RCW 28A.225.030

  (5) (6) Upon conviction or plea of guilty, upon failure to prosecute an appeal from a court of limited jurisdiction as provided by law, or upon affirmance of a conviction by a court of limited jurisdiction, an adult defendant in a criminal case shall be liable for a fee of two hundred dollars, except this fee shall not be imposed on a defendant who is indigent as defined in RCW 10.01.160(3). Upon motion by the defendant, the court may waive or reduce any fee previously imposed under this subsection if the court finds that the defendant is indigent as defined in RCW 10.01.160(3). (i) (4) (5) as provided in this subsection (5) , , and (h) (6) → 6.1 nd 25 s: e lec er s e u r R 18. an fun un W 24. (6) (7) objecting to a written agreement or memorandum as provided in RCW 11.96A.220, there shall be paid a fee of $200. (h) No fee shall be assessed if an order of dismissal on the clerk's record be filed as provided by rule of the supreme court. (3) No filing fee shall be charged or collected in a criminal case. (4) No fee collected when a petition for rel i ent of parental rig filed pursuant to RCW 26.33.080 o r rms and instructiona ures provided under RCW 7.105.115. (5) e shall be collected when an r of judgment is fil the county clerk of another coun f the purposes of coll of legal financial obligations. (6)( ddition to the fees required to b l ted under this sect erks of the superior courts must e the following surcha f ich rcent must the ial stabili e ned e county. b) On fili s ion ) of this s c) On all e his on, except and ted (7)

  amended

• RCW 4.56.110

  10.82.090 → from th date of e rate, a ublished system o he first eceding t date of e er subsec n (1) o t, as de ed in RCW try at a e of nine subsecti (1) thro terest fr the date CW 19.52. on the urt is d cted on case whe a judgme firmed o review, i he judgme affirmed date the rdict wa t rate p cribed by ning the ate appl 10.01.090

  amended

• RCW 7.68.035

  RCW 10.01.160(3) RCW 10.01.160(3) → superior co e provisions of chapter 10.19 RCW and such bail i shall be deducted from the proceeds of such forfei assessment, in addition to any other penalty or w, equal to the assessment which would be applicab (1) of this section if the person had been convic (4) The pose the penalty assessment under this section if that the defendant, at the time of sentencing, ined in section 14 of this act ndant, the court all waive any crime vic sed prior to July 2023, if: ile at the time penalty assessment was have the abilit to pay the penalty ass have the abilit o pay if the person is section 14 of this act the county treas ded in subsecti (6) of this section.

  amended

• RCW 10.01.160

  RCW 10.01.160(3) → s 21 are each nded to read as follows: Hereafter whe perior court or istrict or municipal ju erson to pay a fines, penalties, asses the judge may in the judge's discreti s, penalties, as sments, fees, and costs esignated instal nts, or within certain d . If the court ds that the defendant is section 14 of this act

  amended

• RCW 9.94A.6333

  RCW 10.01.160(3) RCW 10.01.160(3) → (i) Conver ment to total co nement; or (ii) Conve gation to total partial confinement; (d) If th tion was not wi ul, the court may mod ding community r itution obligations; a (e) If the to undergo or c ly with a mental heal outpatient men health treatment, the ndation from the eatment provider or . Enforcement orders concerning ou atment must re ct the availability o he least restric e means of promoting p the offender's lure to receive care afety presents isk of serious physi l consequences, civil detention and apter 71.05 RCW all be considered in on in a local state correctional f (3) If an financial obliga ns as a requirement of visions apply: (a) The c e state, or upo its own motion, shall ow cause why th ffender should not be ce. The court m issue a summons or a w nder's appearance (b) The owing noncompli by a preponderance (c) The c fender for fail to pay legal financia rt finds, after hearing and on the re y is willful. A lure to pay is willfu urrent ability pay but refuses to do e offender has t current ability to pa nto and conside (i) The offender's inc ender's basic li g costs as defined by iabilities inclu g child support and igations; and i) the offender's bo additional res es. An offender who section 14 of this act e court determin that the offender is ho mentally ill, a efined in RCW 71.24.025, financial obliga is not willful noncom ect the offender penalties; he court finds at a failure to pay it may impo the sanctions specifi and e court finds th the violation was not d if the court f that the defendant is section 14 of this act

  amended

• RCW 9.94B.040

  RCW 10.01.160(3) RCW 10.01.160(3) → of promoting rticipation in treatme to receive car ssential for health of serious phy al harm or probable vil detention a commitment procedures be considered preference to incar ate correctional cility. (4) If violation involves ial obligations, e following provisions (a) The artment and the offen ted agreement t the failure to p ce, according to e provisions and requ of this section (b) In t absence of a stipulat urt is not sati ed with the departmen n a stipulated a ement under (a) of t pon the motion the state, or upon it the offender to ow cause why the offe for the noncomp ce. The court may is of arrest for t offender's appearance; (c) The ate has the burden a preponderanc of the evidence. Th the offender for ailure to pay legal f the court finds, ter a hearing and on to pay is willf A failure to pay is the current abil to pay but refuses t her the offender s the current ability ire into and co der: (i) The offender the offender's b c living costs as def her liabilities cluding child suppor ial obligations; d (iii) the offender' ire additional r urces. An offender who section 14 of this act es authorized in bsection (3)(a)(i) of t e court finds th the violation was not d if the court f that the defendant is section 14 of this act

  amended

• RCW 10.01.090

  10.01.160,)) 10.01.170, 10.01.180, ((10.46.190, 10.64.015, 10.73.160, 10.82.090, → he same manner as a judgment in a c ng any other provisions pertaining to le all legal financial obligations imposed i tity under this section bear interest from until payment at the rate applicable to ci 56.110. When an entity is ordered to pay he clerk must be distributed to restitution ions. t as otherwise provided under subsection ents on legal financial obligations must ed according to the requirements under

  amended

• RCW 10.01.180

  RCW 10.01.160(3) → defendant's b forts to acquir additional resources. A defendant who as defined in ( )) section 14 of this act to lack the cur ability to pay. rmines that the endant is homeless or l, as defined in W 71.24.025, failure t igation is not lful contempt and shal to penalties. isonment for con t for nonpayment of an , fee, or costs s ordered, the term o forth in the c itment order, and shal h $25 of the amo ordered, 30 days if th s imposed upon c iction of a violation o in any other cas whichever is the shorte ed for nonpayme of any fine, penalty shall be given edit toward payment fo at the rate s fied in the commitmen the satisfacti of the court that th f any fine, pe y, assessment, fee, o mpt, the court m and if the defendant i section 14 of this act

  amended

• RCW 3.62.085

  --- END ---

  amended

Action History

1. January 20, 2026

   Public hearing in the House Committee on Civil Rights & Judiciary at 10:30 AM.

2. January 12, 2026

   First reading, referred to Civil Rights & Judiciary.

3. December 05, 2025

   Prefiled for introduction.

Sponsors

• Gerry Pollet · Cosponsor
• Natasha Hill · Cosponsor
• Mary Fosse · Cosponsor
• Nicole Macri · Cosponsor
• Darya Farivar · Cosponsor
• Timm Ormsby · Cosponsor
• Shaun Scott · Cosponsor
• Chipalo Street · Cosponsor
• Sharlett Mena · Cosponsor
• Liz Berry · Cosponsor
• Julia Reed · Primary
• Julio Cortes · Cosponsor

Subjects