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AN ACT Relating to accountability and access to services for 1
individuals charged with a misdemeanor; amending RCW 46.20.270; 2
adding a new chapter to Title 10 RCW; and creating a new section.3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. This act shall be known and may be cited 5
as the public supporting accountability and fast, effective treatment 6
act, or public SAFE-T act.7
NEW SECTION. Sec. 2. (1) In a court of limited jurisdiction, 8
the court may, upon the motion of either party, agree to dismiss a 9
defendant's simple misdemeanor or gross misdemeanor charge pursuant 10
to the following:11
(a) The court may continue a case pursuant to a defendant's 12
agreement to waive speedy trial in anticipation of dismissal 13
following court-ordered conditions for a period not to exceed 12 14
months and order the defendant to comply with terms, conditions, or 15
programs that the court deems appropriate based on the defendant's 16
specific situation. The court shall hear from both parties and rule 17
on the motion in open court. 18
(b)(i) If the defendant has substantially complied with the 19
imposed terms and conditions, either at the end of or at any point 20
H-0179.1
HOUSE BILL 1113
State of Washington 69th Legislature 2025 Regular Session
By Representatives Farivar, Goodman, Simmons, Taylor, Macri, Scott,
Fosse, Street, Reed, Senn, Berry, Alvarado, Morgan, Mena, Peterson,
Stonier, Walen, Pollet, Wylie, Cortes, Obras, Gregerson, Ormsby,
Bergquist, Salahuddin, and Hill
Prefiled 12/20/24. Read first time 01/13/25. Referred to Committee
on Community Safety.
p. 1 HB 1113
during the continuance period, the court shall dismiss the charges 1
pending against the defendant. 2
(ii) Full restitution must be a required condition for the 3
dismissal of charges. However, a defendant's inability to pay 4
restitution due to indigence may not be grounds for denial of this 5
dismissal following progress towards complying with court-ordered 6
conditions or as a basis for finding that the defendant has failed to 7
substantially comply with the court's conditions. 8
(c) If it appears to the prosecuting attorney that the defendant 9
is not substantially complying with the terms and conditions, after 10
providing the defendant with written notice of the alleged violations 11
and disclosure of all evidence to be offered against the defendant, 12
the court shall hold a hearing to determine whether the defendant 13
has, by a preponderance of the evidence, willfully failed to 14
substantially comply with the terms and conditions set by the court. 15
At that hearing: 16
(i) The rules of evidence do not apply, but the defendant must be 17
afforded the due process rights required for the revocation of 18
probation, including the right to confront and cross-examine all 19
witnesses; 20
(ii) The defendant must have the opportunity to be heard in 21
person and to present evidence; and 22
(iii) If the court finds by a preponderance of the evidence that 23
the defendant is willfully failing to substantially comply with the 24
terms and conditions, the court may either continue the hearing to 25
provide additional time for substantial compliance or end the period 26
of continuance pending dismissal and set a new commencement date.27
(d) If the court agrees to dismiss a defendant's simple 28
misdemeanor or gross misdemeanor charge, any written confirmation of 29
completion of an assessment or statement indicating the defendant's 30
enrollment or referral to a specific service or program, or any 31
written updates regarding treatment or services, must be considered a 32
treatment evaluation or compliance form ordered by the court for 33
purposes of Washington state rules of court, General Rule GR 22.34
(e) Admissions made by the defendant in the course of receiving 35
treatment or services pursuant to the agreement to dismiss may not be 36
used against the defendant in the prosecution's case-in-chief.37
(2) A charge may not be dismissed pursuant to this section for 38
any of the following offenses or any violations of equivalent local 39
ordinances: 40
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(a) Any offense that would constitute a prior offense as defined 1
in RCW 46.61.5055 upon conviction; 2
(b) Reckless driving under RCW 46.61.500; 3
(c) Racing under RCW 46.61.530; 4
(d) Reckless endangerment of roadway workers under RCW 5
46.61.527(4); 6
(e) Negligent driving in the first degree under RCW 46.61.5249;7
(f) Negligent driving in the second degree under RCW 46.61.525;8
(g) Negligent driving in the second degree with a vulnerable user 9
victim under RCW 46.61.526; 10
(h) Hit and run (unattended vehicle or property) under RCW 11
46.52.010; 12
(i) Hit and run (attended vehicle or property) under RCW 13
46.52.020(5); 14
(j) Hit and run (striking a deceased person) under RCW 15
46.52.020(4)(c); 16
(k) A domestic violence offense involving an intimate partner as 17
defined in RCW 7.105.010; 18
(l) Stalking under RCW 9A.46.110(5)(a); 19
(m) Violation of a domestic violence protection order, sexual 20
assault protection order, stalking protection order, or vulnerable 21
adult protection order; an order issued under chapter 9A.40, 9A.44, 22
9A.46, 9A.88, 9.94A, 10.99, 26.09, 26.26A, or 26.26B RCW; a valid 23
foreign protection order as described in RCW 26.52.020; or a Canadian 24
domestic violence protection order as defined in RCW 26.55.010;25
(n) Aiming or discharging firearms under RCW 9.41.230;26
(o) Hazing under RCW 28B.10.901(2)(a); 27
(p) Animal cruelty in the second degree committed under the 28
circumstances described in RCW 16.52.207(1); 29
(q) Assault in the fourth degree under RCW 9A.36.041;30
(r) Any offense with a finding of sexual motivation under RCW 31
9.94A.835 or 13.40.135; 32
(s) Communication with a minor or someone believed to be a minor 33
for immoral purposes under RCW 9.68A.090(1); 34
(t) Harassment under RCW 9A.46.020(2)(a); 35
(u) Cyber harassment under RCW 9A.90.120(2)(a), excluding cyber 36
harassment committed solely pursuant to the element set forth in RCW 37
9A.90.120(1)(a)(i); 38
(v) Unlawful carrying or handling of a firearm under RCW 39
9.41.270; 40
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(w) Indecent exposure under RCW 9A.88.010(2) (a) or (b);1
(x) Disclosing intimate images under RCW 9A.86.010(7)(a);2
(y) Abandonment of a dependent person in the third degree under 3
RCW 9A.42.080; 4
(z) Leaving a child in the care of a sex offender under RCW 5
9A.42.110; 6
(aa) Criminal mistreatment in the third degree under RCW 7
9A.42.035; 8
(bb) Criminal mistreatment in the fourth degree under RCW 9
9A.42.037; 10
(cc) Interfering with the reporting of domestic violence under 11
RCW 9A.36.150; 12
(dd) Reckless endangerment under RCW 9A.36.050;13
(ee) A violation of the provisions of an order to surrender and 14
prohibit weapons, an extreme risk protection order, or any other 15
protection order or no-contact order restraining the person or 16
excluding the person from a residence; 17
(ff) Any traffic offense involving a commercial driver's license 18
or a commercial learner's permit, or involving the operation of a 19
commercial motor vehicle; or 20
(gg) Any offense that was originally filed as a felony charge and 21
subsequently amended to, or refiled as, a gross misdemeanor or 22
misdemeanor charge. 23
Sec. 3. RCW 46.20.270 and 2024 c 308 s 2 are each amended to 24
read as follows: 25
(1) Every court having jurisdiction over offenses committed under 26
this chapter, or any other act of this state or municipal ordinance 27
adopted by a local authority regulating the operation of motor 28
vehicles on highways, or any federal authority having jurisdiction 29
over offenses substantially the same as those set forth in this title 30
which occur on federal installations within this state, shall 31
immediately forward to the department a forfeiture of bail or 32
collateral deposited to secure the defendant's appearance in court, a 33
payment of a fine, penalty, or court cost, a plea of guilty or nolo 34
contendere or a finding of guilt, or a finding that any person has 35
committed a traffic infraction an abstract of the court record in the 36
form prescribed by rule of the supreme court, showing the conviction 37
of any person or the finding that any person has committed a traffic 38
infraction in said court for a violation of any said laws other than 39
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regulations governing standing, stopping, parking, and pedestrian 1
offenses. 2
(2) Every state agency or municipality having jurisdiction over 3
offenses committed under this chapter, or under any other act of this 4
state or municipal ordinance adopted by a state or local authority 5
regulating the operation of motor vehicles on highways, may forward 6
to the department within 10 days of failure to respond, failure to 7
pay a penalty, failure to appear at a hearing to contest the 8
determination that a violation of any statute, ordinance, or 9
regulation relating to standing, stopping, parking, or civil 10
penalties issued under RCW 46.63.160 or 46.63.200 has been committed, 11
or failure to appear at a hearing to explain mitigating 12
circumstances, an abstract of the citation record in the form 13
prescribed by rule of the department, showing the finding by such 14
municipality that two or more violations of laws governing standing, 15
stopping, and parking or one or more civil penalties issued under RCW 16
46.63.160 or 46.63.200 have been committed and indicating the nature 17
of the defendant's failure to act. Such violations or infractions may 18
not have occurred while the vehicle is stolen from the registered 19
owner. The department may enter into agreements of reciprocity with 20
the duly authorized representatives of the states for reporting to 21
each other violations of laws governing standing, stopping, and 22
parking. 23
(3) For the purposes of this title and except as defined in RCW 24
46.25.010, "conviction" means a final conviction in a state or 25
municipal court or by any federal authority having jurisdiction over 26
offenses substantially the same as those set forth in this title 27
which occur on federal installations in this state, an unvacated 28
forfeiture of bail or collateral deposited to secure a defendant's 29
appearance in court, the payment of a fine or court cost, a plea of 30
guilty or nolo contendere, or a finding of guilt on a traffic law 31
violation charge, regardless of whether the imposition of sentence or 32
sanctions are deferred or the penalty is suspended, but not including 33
entry into a deferred prosecution agreement under chapter 10.05 RCW 34
or entry into a judicially authorized dismissal of a misdemeanor or 35
gross misdemeanor following substantial compliance with court-ordered 36
conditions under section 2 of this act. 37
(4) Perfection of a notice of appeal shall stay the execution of 38
the sentence pertaining to the withholding of the driving privilege.39
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(5) For the purposes of this title, "finding that a traffic 1
infraction has been committed" means a failure to respond to a notice 2
of infraction or a determination made by a court pursuant to this 3
chapter. Payment of a monetary penalty made pursuant to RCW 4
46.63.070(2) is deemed equivalent to such a finding.5
NEW SECTION. Sec. 4. Section 2 of this act constitutes a new 6
chapter in Title 10 RCW.7
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