Legal financial obligations

AN ACT Relating to legal financial obligations; amending RCW 1
3.50.100, 3.62.020, 3.62.040, 3.66.120, 7.105.450, 9.92.060, 2
9.94A.725, 9.94A.750, 9.94A.753, 9.94A.760, 9.95.210, 10.01.160, 3
10.01.170, 10.05.140, 10.05.140, 10.05.170, 10.05.170, 10.64.015, 4
10.64.120, 10.82.070, 10.101.020, 35.20.220, 36.18.016, 36.18.020, 5
4.56.110, 6.17.020, 7.68.035, 9.92.070, 9.94A.6333, 9.94B.040, 6
10.01.090, 10.01.180, 10.01.185, and 43.79.505; adding new sections 7
to chapter 10.01 RCW; repealing RCW 3.62.085, 10.46.190, 10.73.160, 8
10.82.090, and 70.48.390; providing an effective date; and providing 9
an expiration date. 10
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:11
NEW SECTION. Sec. 1. A new section is added to chapter 10.01 12
RCW to read as follows: 13
(1) A previously imposed judgment against an offender for any 14
costs, fees, and interest on legal financial obligations eliminated 15
or repealed by this act is not enforceable after the effective date 16
of this section. The court shall not accept payments for such costs 17
and fees or for any accrued interest on legal financial obligations 18
after the effective date of this section. Any such debts shall be 19
rendered null and void, and considered satisfied and paid in full by 20
July 1, 2028, according to the following schedule:21
H-0597.1
HOUSE BILL 1499
State of Washington 69th Legislature 2025 Regular Session
By Representatives Reed, Goodman, Mena, Scott, Entenman, Cortes,
Farivar, Taylor, Berry, Ortiz-Self, Lekanoff, Doglio, Ryu, Peterson,
Parshley, Ormsby, Macri, Pollet, Hill, and Salahuddin
Read first time 01/22/25. Referred to Committee on Civil Rights &
Judiciary.
p. 1 HB 1499
(a) By June 30, 2026, debts resulting from cases filed from July 1
1, 2018, through June 30, 2023; 2
(b) By June 30, 2027, debts resulting from cases filed from July 3
1, 2013, through June 30, 2018; 4
(c) By June 30, 2028, debts resulting from cases filed prior to 5
July 1, 2013. 6
(2) Nothing in this section shall prevent a court from granting 7
individual relief at any time in response to a motion. The presiding 8
judge of a superior court may authorize an administrative process to 9
waive outstanding debt for any uncollectible legal financial 10
obligation, other than restitution, imposed against an adult. This 11
process must ensure that uncollectible debts: 12
(a) Are waived within any statutorily required deadlines;13
(b) Do not affect an individual's credit; 14
(c) Are recalled from any collections agency; and15
(d) Do not appear in any background check. 16
(3) For the purposes of this section, the clerk of the superior 17
court may seek a judicial order to waive outstanding debt for costs 18
and fees, other than restitution, and for accrued interest on legal 19
financial obligations, in the same manner as the clerk is authorized 20
to seek an extension of jurisdiction under RCW 6.17.020 for purposes 21
of collection as allowed under RCW 36.18.190. Any motion filed by the 22
clerk of the superior court under this section does not constitute 23
the practice of law. 24
Sec. 2. RCW 3.50.100 and 2018 c 269 s 2 are each amended to read 25
as follows: 26
(1) Costs in civil and criminal actions may be imposed as 27
provided in district court. All fees, costs, fines, forfeitures and 28
other money imposed by any municipal court for the violation of any 29
municipal or town ordinances shall be collected by the court clerk 30
and, together with any other noninterest revenues received by the 31
clerk, shall be deposited with the city or town treasurer as a part 32
of the general fund of the city or town, or deposited in such other 33
fund of the city or town, or deposited in such other funds as may be 34
designated by the laws of the state of Washington.35
(2) Except as provided in RCW 9A.88.120 and 10.99.080, the city 36
treasurer shall remit monthly ((thirty-two)) 32 percent of the 37
noninterest money received under this section, other than for parking 38
infractions, and certain costs to the state treasurer. "Certain 39
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costs" as used in this subsection, means those costs awarded to 1
prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, 2
or those costs awarded against convicted defendants in criminal 3
actions ((under RCW 10.01.160, 10.46.190, or 36.18.040, or other 4
similar statutes )) as specifically authorized by statute if such 5
costs are specifically designated as costs by the court ((and are 6
awarded for the specific reimbursement of costs incurred by the 7
state, county, city, or town in the prosecution of the case, 8
including the fees of defense counsel )). Money remitted under this 9
subsection to the state treasurer shall be deposited in the state 10
general fund. 11
(3) The balance of the noninterest money received under this 12
section shall be retained by the city and deposited as provided by 13
law. 14
(4)(a) Except as provided in (b) of this subsection, penalties, 15
fines, fees, and costs may accrue interest at the rate of ((twelve)) 16
12 percent per annum, upon assignment to a collection agency. 17
Interest may accrue only while the case is in collection status.18
(b) As of June 7, 2018, penalties, fines, bail forfeitures, fees, 19
and costs imposed against a defendant in a criminal proceeding shall 20
not accrue interest. 21
(5) Interest retained by the court on penalties, fines, bail 22
forfeitures, fees, and costs shall be split ((twenty-five)) 25 23
percent to the state treasurer for deposit in the state general fund, 24
((twenty-five)) 25 percent to the state treasurer for deposit in the 25
judicial information system account as provided in RCW 2.68.020, 26
((twenty-five)) 25 percent to the city general fund, and ((twenty-27
five)) 25 percent to the city general fund to fund local courts.28
Sec. 3. RCW 3.62.020 and 2018 c 269 s 3 are each amended to read 29
as follows: 30
(1) Except as provided in subsection (4) of this section, all 31
costs, fees, fines, forfeitures and penalties assessed and collected 32
in whole or in part by district courts, except costs, fines, 33
forfeitures and penalties assessed and collected, in whole or in 34
part, because of the violation of city ordinances, shall be remitted 35
by the clerk of the district court to the county treasurer at least 36
monthly, together with a financial statement as required by the state 37
auditor, noting the information necessary for crediting of such funds 38
as required by law. 39
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(2) Except as provided in RCW 9A.88.120, 10.99.080, 1
7.84.100(((4))) (5), and this section, the county treasurer shall 2
remit ((thirty-two)) 32 percent of the noninterest money received 3
under subsection (1) of this section except certain costs to the 4
state treasurer. "Certain costs" as used in this subsection, means 5
those costs awarded to prevailing parties in civil actions under RCW 6
4.84.010 or 36.18.040, or those costs awarded against convicted 7
defendants in criminal actions ((under RCW 10.01.160, 10.46.190, or 8
36.18.040, or other similar statutes )) as specifically authorized by 9
statute if such costs are specifically designated as costs by the 10
court ((and are awarded for the specific reimbursement of costs 11
incurred by the state or county in the prosecution of the case, 12
including the fees of defense counsel )). With the exception of funds 13
to be transferred to the judicial stabilization trust account under 14
RCW 3.62.060(2), money remitted under this subsection to the state 15
treasurer shall be deposited in the state general fund.16
(3) The balance of the noninterest money received by the county 17
treasurer under subsection (1) of this section shall be deposited in 18
the county current expense fund. Funds deposited under this 19
subsection that are attributable to the county's portion of a 20
surcharge imposed under RCW 3.62.060(2) must be used to support local 21
trial court and court-related functions. 22
(4) Except as provided in RCW 7.84.100(((4))) (5), all money 23
collected for county parking infractions shall be remitted by the 24
clerk of the district court at least monthly, with the information 25
required under subsection (1) of this section, to the county 26
treasurer for deposit in the county current expense fund.27
(5)(a) Except as provided in (b) of this subsection, penalties, 28
fines, fees, and costs may accrue interest at the rate of twelve 29
percent per annum, upon assignment to a collection agency. Interest 30
may accrue only while the case is in collection status.31
(b) As of June 7, 2018, penalties, fines, bail forfeitures, fees, 32
and costs imposed against a defendant in a criminal proceeding shall 33
not accrue interest. 34
(6) Interest retained by the court on penalties, fines, bail 35
forfeitures, fees, and costs shall be split ((twenty-five)) 25 36
percent to the state treasurer for deposit in the state general fund, 37
((twenty-five)) 25 percent to the state treasurer for deposit in the 38
judicial information system account as provided in RCW 2.68.020, 39
((twenty-five)) 25 percent to the county current expense fund, and 40
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((twenty-five)) 25 percent to the county current expense fund to fund 1
local courts. 2
Sec. 4. RCW 3.62.040 and 2018 c 269 s 4 are each amended to read 3
as follows: 4
(1) Except as provided in subsection (4) of this section, all 5
costs, fines, forfeitures and penalties assessed and collected, in 6
whole or in part, by district courts because of violations of city 7
ordinances shall be remitted by the clerk of the district court at 8
least monthly directly to the treasurer of the city wherein the 9
violation occurred. 10
(2) Except as provided in RCW 9A.88.120 and 10.99.080, the city 11
treasurer shall remit monthly ((thirty-two)) 32 percent of the 12
noninterest money received under this section, other than for parking 13
infractions and certain costs, to the state treasurer. "Certain 14
costs" as used in this subsection, means those costs awarded to 15
prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, 16
or those costs awarded against convicted defendants in criminal 17
actions ((under RCW 10.01.160, 10.46.190, or 36.18.040, or other 18
similar statutes )) as specifically authorized by statute if such 19
costs are specifically designated as costs by the court ((and are 20
awarded for the specific reimbursement of costs incurred by the 21
state, county, city, or town in the prosecution of the case, 22
including the fees of defense counsel )). Money remitted under this 23
subsection to the state treasurer shall be deposited in the state 24
general fund. 25
(3) The balance of the noninterest money received under this 26
section shall be retained by the city and deposited as provided by 27
law. 28
(4) All money collected for city parking infractions shall be 29
remitted by the clerk of the district court at least monthly to the 30
city treasurer for deposit in the city's general fund.31
(5)(a) Except as provided in (b) of this subsection, penalties, 32
fines, fees, and costs may accrue interest at the rate of ((twelve)) 33
12 percent per annum, upon assignment to a collection agency. 34
Interest may accrue only while the case is in collection status.35
(b) As of June 7, 2018, penalties, fines, bail forfeitures, fees, 36
and costs imposed against a defendant in a criminal proceeding shall 37
not accrue interest. 38
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(6) Interest retained by the court on penalties, fines, bail 1
forfeitures, fees, and costs shall be split ((twenty-five)) 25 2
percent to the state treasurer for deposit in the state general fund, 3
((twenty-five)) 25 percent to the state treasurer for deposit in the 4
judicial information system account as provided in RCW 2.68.020, 5
((twenty-five)) 25 percent to the city general fund, and ((twenty-6
five)) 25 percent to the city general fund to fund local courts.7
Sec. 5. RCW 3.66.120 and 2022 c 260 s 1 are each amended to read 8
as follows: 9
(1) All court-ordered restitution obligations that are ordered as 10
a result of a conviction for a criminal offense in a court of limited 11
jurisdiction may be enforced in the same manner as a judgment in a 12
civil action by the party or entity to whom the legal financial 13
obligation is owed. The judgment and sentence must identify the party 14
or entity to whom restitution is owed so that the state, party, or 15
entity may enforce the judgment. 16
(2) At any time, including at sentencing, the court may determine 17
that the offender is not required to pay, or may relieve the offender 18
of the requirement to pay, full or partial restitution ((and accrued 19
interest on restitution )) where the entity to whom restitution is 20
owed is an insurer or state agency, except for restitution owed to 21
the department of labor and industries under chapter 7.68 RCW, if the 22
court finds that the offender does not have the current or likely 23
future ability to pay. A person does not have the current ability to 24
pay if the person is indigent as defined in ((RCW 10.01.160(3))) 25
section 14 of this act . For the purposes of this subsection, the 26
terms "insurer" and "state agency" have the same meanings as provided 27
in RCW 9.94A.750(3). 28
(3) All court-ordered restitution obligations may be enforced at 29
any time during the 10-year period following the offender's release 30
from total confinement or within 10 years of entry of the judgment 31
and sentence, whichever period is longer. Prior to the expiration of 32
the initial 10-year period, the court may extend the criminal 33
judgment an additional 10 years for payment of court-ordered 34
restitution only if the court finds that the offender has not made a 35
good faith attempt to pay. 36
(4) The party or entity to whom the court-ordered restitution 37
obligation is owed may utilize any other remedies available to the 38
party or entity to collect the court-ordered financial obligation.39
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(5) Nothing in this section may be construed to deprive the court 1
of the authority to determine whether the offender's failure to pay 2
the legal financial obligation constitutes a violation of a condition 3
of probation or to impose a sanction upon the offender if such a 4
violation is found. 5
Sec. 6. RCW 7.105.450 and 2024 c 137 s 2 are each amended to 6
read as follows: 7
(1)(a) Whenever a domestic violence protection order, a sexual 8
assault protection order, a stalking protection order, or a 9
vulnerable adult protection order is granted under this chapter, or 10
an order is granted under chapter 9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 11
10.77, 10.99, 26.09, 26.26A, or 26.26B RCW, or there is a valid 12
foreign protection order as defined in RCW 26.52.020, or there is a 13
Canadian domestic violence protection order as defined in RCW 14
26.55.010, and the respondent or person to be restrained knows of the 15
order, a violation of any of the following provisions of the order is 16
a gross misdemeanor, except as provided in subsections (4) and (5) of 17
this section: 18
(i) The restraint provisions prohibiting acts or threats of 19
violence against, or stalking of, a protected party, or the restraint 20
provisions prohibiting contact with a protected party;21
(ii) A provision excluding the person from a residence, 22
workplace, school, or day care; 23
(iii) A provision prohibiting the person from knowingly coming 24
within, or knowingly remaining within, a specified distance of a 25
location, a protected party's person, or a protected party's vehicle;26
(iv) A provision prohibiting interfering with the protected 27
party's efforts to remove a pet owned, possessed, leased, kept, or 28
held by the petitioner, the respondent, or a minor child residing 29
with either the petitioner or the respondent; or 30
(v) A provision of a foreign protection order or a Canadian 31
domestic violence protection order specifically indicating that a 32
violation will be a crime. 33
(b) Upon conviction, and in addition to any other penalties 34
provided by law, the court: 35
(i) May require that the respondent submit to electronic 36
monitoring. The court shall specify who must provide the electronic 37
monitoring services and the terms under which the monitoring must be 38
performed. ((The order also may include a requirement that the 39
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respondent pay the costs of the monitoring. )) The court shall 1
((consider the ability of the convicted person to pay )) not require 2
the respondent to pay the costs for electronic monitoring; and3
(ii) Shall impose a fine of $15, in addition to any penalty or 4
fine imposed, for a violation of a domestic violence protection order 5
issued under this chapter. Revenue from the $15 fine must be remitted 6
monthly to the state treasury for deposit in the domestic violence 7
prevention account. 8
(2) A law enforcement officer shall arrest without a warrant and 9
take into custody a person whom the law enforcement officer has 10
probable cause to believe has violated a domestic violence protection 11
order, a sexual assault protection order, a stalking protection 12
order, or a vulnerable adult protection order, or an order issued 13
under chapter 9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 10.77, 10.99, 26.09, 14
26.26A, or 26.26B RCW, or a valid foreign protection order as defined 15
in RCW 26.52.020, or a Canadian domestic violence protection order as 16
defined in RCW 26.55.010, that restrains the person or excludes the 17
person from a residence, workplace, school, or day care, or prohibits 18
the person from knowingly coming within, or knowingly remaining 19
within, a specified distance of a location, a protected party's 20
person, or a protected party's vehicle, if the person restrained 21
knows of the order. Presence of the order in the law enforcement 22
computer-based criminal intelligence information system is not the 23
only means of establishing knowledge of the order.24
(3) A violation of a domestic violence protection order, a sexual 25
assault protection order, a stalking protection order, or a 26
vulnerable adult protection order, or an order issued under chapter 27
9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 10.77, 10.99, 26.09, 26.26A, or 28
26.26B RCW, or a valid foreign protection order as defined in RCW 29
26.52.020, or a Canadian domestic violence protection order as 30
defined in RCW 26.55.010, shall also constitute contempt of court, 31
and is subject to the penalties prescribed by law.32
(4) Any assault that is a violation of a domestic violence 33
protection order, a sexual assault protection order, a stalking 34
protection order, or a vulnerable adult protection order, or an order 35
issued under chapter 9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 10.77, 10.99, 36
26.09, 26.26A, or 26.26B RCW, or a valid foreign protection order as 37
defined in RCW 26.52.020, or a Canadian domestic violence protection 38
order as defined in RCW 26.55.010, and that does not amount to 39
assault in the first or second degree under RCW 9A.36.011 or 40
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9A.36.021 is a class C felony, and any conduct in violation of such 1
an order that is reckless and creates a substantial risk of death or 2
serious physical injury to another person is a class C felony.3
(5) A violation of a domestic violence protection order, a sexual 4
assault protection order, a stalking protection order, or a 5
vulnerable adult protection order, or a court order issued under 6
chapter 9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 10.77, 10.99, 26.09, 7
26.26A, or 26.26B RCW, or a valid foreign protection order as defined 8
in RCW 26.52.020, or a Canadian domestic violence protection order as 9
defined in RCW 26.55.010, is a class C felony if the offender has at 10
least two previous convictions for violating the provisions of a 11
domestic violence protection order, a sexual assault protection 12
order, a stalking protection order, or a vulnerable adult protection 13
order, or an order issued under chapter 9A.40, 9A.44, 9A.46, 9A.88, 14
9.94A, 10.77, 10.99, 26.09, 26.26A, or 26.26B RCW, or a valid foreign 15
protection order as defined in RCW 26.52.020, or a Canadian domestic 16
violence protection order as defined in RCW 26.55.010. The previous 17
convictions may involve the same victim or other victims specifically 18
protected by the orders the offender violated. 19
(6)(a) A defendant arrested for violating a domestic violence 20
protection order, sexual assault protection order, stalking 21
protection order, or vulnerable adult protection order, or an order 22
granted under chapter 9A.40, 9A.44, 9A.46, 9A.88, 9.94A, 10.77, 23
10.99, 26.09, 26.26A, or 26.26B RCW, or a valid foreign protection 24
order as defined in RCW 26.52.020, or a Canadian domestic violence 25
protection order as defined in RCW 26.55.010, is required to appear 26
in person before a magistrate within one judicial day after the 27
arrest. At the time of the appearance, the court shall determine the 28
necessity of imposing a no-contact order or other conditions of 29
pretrial release. 30
(b) A defendant who is charged by citation, complaint, or 31
information with violating any protection order identified in (a) of 32
this subsection and not arrested shall appear in court for 33
arraignment in person as soon as practicable, but in no event later 34
than 14 days after the next day on which court is in session 35
following the issuance of the citation or the filing of the complaint 36
or information. 37
(7) Upon the filing of an affidavit by the petitioner or any law 38
enforcement officer alleging that the respondent has violated a 39
domestic violence protection order, a sexual assault protection 40
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order, a stalking protection order, or a vulnerable adult protection 1
order, or an order granted under chapter 9A.40, 9A.44, 9A.46, 9A.88, 2
9.94A, 10.77, 10.99, 26.09, 26.26A, or 26.26B RCW, or a valid foreign 3
protection order as defined in RCW 26.52.020, or a Canadian domestic 4
violence protection order as defined in RCW 26.55.010, the court may 5
issue an order to the respondent, requiring the respondent to appear 6
and show cause within 14 days as to why the respondent should not be 7
found in contempt of court and punished accordingly. The hearing may 8
be held in the court of any county or municipality in which the 9
petitioner or respondent temporarily or permanently resides at the 10
time of the alleged violation. 11
(8) Appearances required under this section are mandatory and 12
cannot be waived. 13
Sec. 7. RCW 9.92.060 and 2023 c 449 s 7 are each amended to read 14
as follows: 15
(1) Whenever any person is convicted of any crime except murder, 16
burglary in the first degree, arson in the first degree, robbery, 17
rape of a child, or rape, the superior court may, in its discretion, 18
at the time of imposing sentence upon such person, direct that such 19
sentence be stayed and suspended until otherwise ordered by the 20
superior court, and, upon such terms as the superior court may 21
determine, that the sentenced person be placed under the charge of:22
(a) A community corrections officer employed by the department of 23
corrections, if the person is subject to supervision under RCW 24
9.94A.501 or 9.94A.5011; or 25
(b) A probation officer employed or contracted for by the county, 26
if the county has elected to assume responsibility for the 27
supervision of superior court misdemeanant probationers.28
(2) As a condition to suspension of sentence, the superior court 29
may require the convicted person to make such monetary payments, on 30
such terms as the superior court deems appropriate under the 31
circumstances, as are necessary: (a) To comply with any order of the 32
court for the payment of family support; (b) to make restitution to 33
any person or persons who may have suffered loss or damage by reason 34
of the commission of the crime in question or when the offender 35
pleads guilty to a lesser offense or fewer offenses and agrees with 36
the prosecutor's recommendation that the offender be required to pay 37
restitution to a victim of an offense or offenses which are not 38
prosecuted pursuant to a plea agreement; (c) to pay any fine imposed 39
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and not suspended ((and)) by the court or other costs ((incurred in 1
the prosecution of the case )) specifically authorized by statute , 2
including reimbursement of the state for costs of extradition if 3
return to this state by extradition was required; and (d) to 4
contribute to a county or interlocal drug fund. 5
(3) At any time, including at sentencing, the court may determine 6
that the offender is not required to pay, or may relieve the offender 7
of the requirement to pay, full or partial restitution ((and accrued 8
interest on restitution )) where the entity to whom restitution is 9
owed is an insurer or a state agency, except for restitution owed to 10
the department of labor and industries under chapter 7.68 RCW, if the 11
court finds that the offender does not have the current or likely 12
future ability to pay. A person does not have the current ability to 13
pay if the person is indigent as defined in ((RCW 10.01.160(3))) 14
section 14 of this act . For the purposes of this subsection, the 15
terms "insurer" and "state agency" have the same meanings as provided 16
in RCW 9.94A.750(3). 17
(4) As a condition of the suspended sentence, the superior court 18
may order the probationer to report to the secretary of corrections 19
or such officer as the secretary may designate and as a condition of 20
the probation to follow the instructions of the secretary. If the 21
county legislative authority has elected to assume responsibility for 22
the supervision of superior court misdemeanant probationers within 23
its jurisdiction, the superior court misdemeanant probationer shall 24
report to a probation officer employed or contracted for by the 25
county. In cases where a superior court misdemeanant probationer is 26
sentenced in one county, but resides within another county, there 27
must be provisions for the probationer to report to the agency having 28
supervision responsibility for the probationer's county of residence.29
(5) If restitution to the victim has been ordered under 30
subsection (2)(b) of this section and the superior court has ordered 31
supervision, the officer supervising the probationer shall make a 32
reasonable effort to ascertain whether restitution has been made as 33
ordered. If the superior court has ordered supervision and 34
restitution has not been made, the officer shall inform the 35
prosecutor of that violation of the terms of the suspended sentence 36
not less than three months prior to the termination of the suspended 37
sentence. 38
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Sec. 8. RCW 9.94A.725 and 2000 c 28 s 27 are each amended to 1
read as follows: 2
Participation in a work crew is conditioned upon the offender's 3
acceptance into the program, abstinence from alcohol and controlled 4
substances as demonstrated by urinalysis and breathalyzer monitoring, 5
((with the cost of monitoring to be paid by the offender, unless 6
indigent;)) and ((upon)) compliance with the rules of the program, 7
which rules require the offender to work to the best of his or her 8
abilities and provide the program with accurate, verified residence 9
information. Work crew may be imposed simultaneously with electronic 10
home detention. 11
Where work crew is imposed as part of a sentence of nine months 12
or more, the offender must serve a minimum of thirty days of total 13
confinement before being eligible for work crew. 14
Work crew tasks shall be performed for a minimum of thirty-five 15
hours per week. Only those offenders sentenced to a facility operated 16
or utilized under contract by a county or the state, or sanctioned 17
under RCW 9.94A.737, are eligible to participate on a work crew. 18
Offenders sentenced for a sex offense are not eligible for the work 19
crew program. 20
An offender who has successfully completed four weeks of work 21
crew at thirty-five hours per week shall thereafter receive credit 22
toward the work crew sentence for hours worked at approved, verified 23
employment. Such employment credit may be earned for up to twenty-24
four hours actual employment per week provided, however, that every 25
such offender shall continue active participation in work crew 26
projects according to a schedule approved by a work crew supervisor 27
until the work crew sentence has been served. 28
The hours served as part of a work crew sentence may include 29
substance abuse counseling and/or job skills training.30
The civic improvement tasks performed by offenders on work crew 31
shall be unskilled labor for the benefit of the community as 32
determined by the head of the county executive branch or his or her 33
designee. Civic improvement tasks shall not be done on private 34
property unless it is owned or operated by a nonprofit entity, except 35
that, for emergency purposes only, work crews may perform snow 36
removal on any private property. The civic improvement tasks shall 37
have minimal negative impact on existing private industries or the 38
labor force in the county where the service or labor is performed. 39
The civic improvement tasks shall not affect employment opportunities 40
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for people with developmental disabilities contracted through 1
sheltered workshops as defined in RCW 82.04.385. In case any dispute 2
arises as to a civic improvement task having more than minimum 3
negative impact on existing private industries or labor force in the 4
county where their service or labor is performed, the matter shall be 5
referred by an interested party, as defined in RCW 39.12.010(4), for 6
arbitration to the director of the department of labor and industries 7
of the state. 8
((Whenever an offender receives credit against a work crew 9
sentence for hours of approved, verified employment, the offender 10
shall pay to the agency administering the program the monthly 11
assessment of an amount not less than ten dollars per month nor more 12
than fifty dollars per month. This assessment shall be considered 13
payment of the costs of providing the work crew program to an 14
offender. The court may exempt a person from the payment of all or 15
any part of the assessment based upon any of the following factors:16
(1) The offender has diligently attempted but has been unable to 17
obtain employment that provides the offender sufficient income to 18
make such payment.19
(2) The offender is a student in a school, college, university, 20
or a course of vocational or technical training designed to fit the 21
student for gainful employment.22
(3) The offender has an employment handicap, as determined by an 23
examination acceptable to or ordered by the court.24
(4) The offender is responsible for the support of dependents and 25
the payment of the assessment constitutes an undue hardship.26
(5) Other extenuating circumstances as determined by the court. )) 27
No fees or assessments shall be charged to an offender for 28
participation in a work crew or for the costs of urinalysis and 29
breathalyzer monitoring.30
Sec. 9. RCW 9.94A.750 and 2022 c 260 s 2 are each amended to 31
read as follows: 32
This section applies to offenses committed on or before July 1, 33
1985. 34
(1) If restitution is ordered, the court shall determine the 35
amount of restitution due at the sentencing hearing or within 180 36
days. The court may continue the hearing beyond the 180 days for good 37
cause. The court shall then set a minimum monthly payment that the 38
offender is required to make towards the restitution that is ordered. 39
p. 13 HB 1499
The court shall not issue any order that postpones the commencement 1
of restitution payments until after the offender is released from 2
total confinement. The court should take into consideration the total 3
amount of the restitution owed, the offender's present, past, and 4
future ability to pay, as well as any assets that the offender may 5
have. An offender's inability to make restitution payments while in 6
total confinement may not be the basis for a violation of his or her 7
sentence unless his or her inability to make payments resulted from a 8
refusal to accept an employment offer to a class I or class II job or 9
a termination for cause from such a job. 10
(2) During the period of supervision, the community corrections 11
officer may examine the offender to determine if there has been a 12
change in circumstances that warrants an amendment of the monthly 13
payment schedule. The community corrections officer may recommend a 14
change to the schedule of payment and shall inform the court of the 15
recommended change and the reasons for the change. The sentencing 16
court may then reset the monthly minimum payments based on the report 17
from the community corrections officer of the change in 18
circumstances. 19
(3)(a) Except as provided in subsection (6) of this section, 20
restitution ordered by a court pursuant to a criminal conviction 21
shall be based on easily ascertainable damages for injury to or loss 22
of property, actual expenses incurred for treatment for injury to 23
persons, and lost wages resulting from injury. Restitution shall not 24
include reimbursement for damages for mental anguish, pain and 25
suffering, or other intangible losses, but may include the costs of 26
counseling reasonably related to the offense. The amount of 27
restitution shall not exceed double the amount of the offender's gain 28
or the victim's loss from the commission of the offense.29
(b) At any time, including at sentencing, the court may determine 30
that the offender is not required to pay, or may relieve the offender 31
of the requirement to pay, full or partial restitution ((and accrued 32
interest on restitution )) where the entity to whom restitution is 33
owed is an insurer or state agency, except for restitution owed to 34
the department of labor and industries under chapter 7.68 RCW, if the 35
court finds that the offender does not have the current or likely 36
future ability to pay. A person does not have the current ability to 37
pay if the person is indigent as defined in ((RCW 10.01.160(3))) 38
section 14 of this act. For the purposes of this subsection:39
p. 14 HB 1499
(i) "Insurer" means any insurer as defined and authorized under 1
Title 48 RCW. "Insurer" does not include an individual self-insurance 2
program or joint self-insurance program. 3
(ii) "Self-insurance" means a formal program of advance funding 4
and management of entity financial exposure to a risk of loss that is 5
not transferred through the purchase of an insurance policy or 6
contract. 7
(iii) "State agency" has the same meaning as provided in RCW 8
42.56.010(1). 9
(4) For the purposes of this section, the offender shall remain 10
under the court's jurisdiction for a term of 10 years following the 11
offender's release from total confinement or 10 years subsequent to 12
the entry of the judgment and sentence, whichever period is longer. 13
Prior to the expiration of the initial 10-year period, the superior 14
court may extend jurisdiction under the criminal judgment an 15
additional 10 years for payment of restitution. The portion of the 16
sentence concerning restitution may be modified as to amount, terms 17
and conditions during either the initial 10-year period or subsequent 18
10-year period if the criminal judgment is extended, regardless of 19
the expiration of the offender's term of community supervision and 20
regardless of the statutory maximum sentence for the crime. The court 21
may not reduce the total amount of restitution ordered because the 22
offender may lack the ability to pay the total amount. The offender's 23
compliance with the restitution shall be supervised by the department 24
only during any period which the department is authorized to 25
supervise the offender in the community under RCW 9.94A.728, 26
9.94A.501, or in which the offender is in confinement in a state 27
correctional institution or a correctional facility pursuant to a 28
transfer agreement with the department, and the department shall 29
supervise the offender's compliance during any such period. The 30
department is responsible for supervision of the offender only during 31
confinement and authorized supervision and not during any subsequent 32
period in which the offender remains under the court's jurisdiction. 33
The county clerk is authorized to collect unpaid restitution at any 34
time the offender remains under the jurisdiction of the court for 35
purposes of his or her legal financial obligations.36
(5) Restitution may be ordered whenever the offender is convicted 37
of an offense which results in injury to any person or damage to or 38
loss of property or as provided in subsection (6) of this section. In 39
addition, restitution may be ordered to pay for an injury, loss, or 40
p. 15 HB 1499
damage if the offender pleads guilty to a lesser offense or fewer 1
offenses and agrees with the prosecutor's recommendation that the 2
offender be required to pay restitution to a victim of an offense or 3
offenses which are not prosecuted pursuant to a plea agreement.4
(6) Restitution for the crime of rape of a child in the first, 5
second, or third degree, in which the victim becomes pregnant, shall 6
include: (a) All of the victim's medical expenses that are associated 7
with the rape and resulting pregnancy; and (b) child support for any 8
child born as a result of the rape if child support is ordered 9
pursuant to a proceeding in superior court or administrative order 10
for support for that child. The clerk must forward any restitution 11
payments made on behalf of the victim's child to the Washington state 12
child support registry under chapter 26.23 RCW. Identifying 13
information about the victim and child shall not be included in the 14
order. The offender shall receive a credit against any obligation 15
owing under the administrative or superior court order for support of 16
the victim's child. For the purposes of this subsection, the offender 17
shall remain under the court's jurisdiction until the offender has 18
satisfied support obligations under the superior court or 19
administrative order but not longer than a maximum term of 25 years 20
following the offender's release from total confinement or 25 years 21
subsequent to the entry of the judgment and sentence, whichever 22
period is longer. The court may not reduce the total amount of 23
restitution ordered because the offender may lack the ability to pay 24
the total amount. The department shall supervise the offender's 25
compliance with the restitution ordered under this subsection.26
(7) In addition to any sentence that may be imposed, an offender 27
who has been found guilty of an offense involving fraud or other 28
deceptive practice or an organization which has been found guilty of 29
any such offense may be ordered by the sentencing court to give 30
notice of the conviction to the class of persons or to the sector of 31
the public affected by the conviction or financially interested in 32
the subject matter of the offense by mail, by advertising in 33
designated areas or through designated media, or by other appropriate 34
means. 35
(8) This section does not limit civil remedies or defenses 36
available to the victim or offender including support enforcement 37
remedies for support ordered under subsection (6) of this section for 38
a child born as a result of a rape of a child victim. The court shall 39
identify in the judgment and sentence the victim or victims entitled 40
p. 16 HB 1499
to restitution and what amount is due each victim. The state or 1
victim may enforce the court-ordered restitution in the same manner 2
as a judgment in a civil action. Restitution collected through civil 3
enforcement must be paid through the registry of the court and must 4
be distributed proportionately according to each victim's loss when 5
there is more than one victim. 6
Sec. 10. RCW 9.94A.753 and 2022 c 260 s 3 are each amended to 7
read as follows: 8
This section applies to offenses committed after July 1, 1985.9
(1) When restitution is ordered, the court shall determine the 10
amount of restitution due at the sentencing hearing or within 180 11
days except as provided in subsection (7) of this section. The court 12
may continue the hearing beyond the 180 days for good cause. The 13
court shall then set a minimum monthly payment that the offender is 14
required to make towards the restitution that is ordered. The court 15
shall not issue any order that postpones the commencement of 16
restitution payments until after the offender is released from total 17
confinement. The court should take into consideration the total 18
amount of the restitution owed, the offender's present, past, and 19
future ability to pay, as well as any assets that the offender may 20
have. An offender's inability to make restitution payments while in 21
total confinement may not be the basis for a violation of his or her 22
sentence unless his or her inability to make payments resulted from a 23
refusal to accept an employment offer to a class I or class II job or 24
a termination for cause from such a job. 25
(2) During the period of supervision, the community corrections 26
officer may examine the offender to determine if there has been a 27
change in circumstances that warrants an amendment of the monthly 28
payment schedule. The community corrections officer may recommend a 29
change to the schedule of payment and shall inform the court of the 30
recommended change and the reasons for the change. The sentencing 31
court may then reset the monthly minimum payments based on the report 32
from the community corrections officer of the change in 33
circumstances. 34
(3)(a) Except as provided in subsection (6) of this section, 35
restitution ordered by a court pursuant to a criminal conviction 36
shall be based on easily ascertainable damages for injury to or loss 37
of property, actual expenses incurred for treatment for injury to 38
persons, and lost wages resulting from injury. Restitution shall not 39
p. 17 HB 1499
include reimbursement for damages for mental anguish, pain and 1
suffering, or other intangible losses, but may include the costs of 2
counseling reasonably related to the offense. The amount of 3
restitution shall not exceed double the amount of the offender's gain 4
or the victim's loss from the commission of the crime.5
(b) At any time, including at sentencing, the court may determine 6
that the offender is not required to pay, or may relieve the offender 7
of the requirement to pay, full or partial restitution ((and accrued 8
interest on restitution )) where the entity to whom restitution is 9
owed is an insurer or state agency, except for restitution owed to 10
the department of labor and industries under chapter 7.68 RCW, if the 11
court finds that the offender does not have the current or likely 12
future ability to pay. A person does not have the current ability to 13
pay if the person is indigent as defined in ((RCW 10.01.160(3))) 14
section 14 of this act . For the purposes of this subsection, the 15
terms "insurer" and "state agency" have the same meanings as provided 16
in RCW 9.94A.750(3). 17
(4) For the purposes of this section, for an offense committed 18
prior to July 1, 2000, the offender shall remain under the court's 19
jurisdiction for a term of 10 years following the offender's release 20
from total confinement or 10 years subsequent to the entry of the 21
judgment and sentence, whichever period ends later. Prior to the 22
expiration of the initial 10-year period, the superior court may 23
extend jurisdiction under the criminal judgment an additional 10 24
years for payment of restitution. For an offense committed on or 25
after July 1, 2000, the offender shall remain under the court's 26
jurisdiction until the obligation is completely satisfied, regardless 27
of the statutory maximum for the crime. The portion of the sentence 28
concerning restitution may be modified as to amount, terms, and 29
conditions during any period of time the offender remains under the 30
court's jurisdiction, regardless of the expiration of the offender's 31
term of community supervision and regardless of the statutory maximum 32
sentence for the crime. The court may not reduce the total amount of 33
restitution ordered because the offender may lack the ability to pay 34
the total amount. The offender's compliance with the restitution 35
shall be supervised by the department only during any period which 36
the department is authorized to supervise the offender in the 37
community under RCW 9.94A.728, 9.94A.501, or in which the offender is 38
in confinement in a state correctional institution or a correctional 39
facility pursuant to a transfer agreement with the department, and 40
p. 18 HB 1499
the department shall supervise the offender's compliance during any 1
such period. The department is responsible for supervision of the 2
offender only during confinement and authorized supervision and not 3
during any subsequent period in which the offender remains under the 4
court's jurisdiction. The county clerk is authorized to collect 5
unpaid restitution at any time the offender remains under the 6
jurisdiction of the court for purposes of his or her legal financial 7
obligations. 8
(5) Restitution shall be ordered whenever the offender is 9
convicted of an offense which results in injury to any person or 10
damage to or loss of property or as provided in subsection (6) of 11
this section unless extraordinary circumstances exist which make 12
restitution inappropriate in the court's judgment and the court sets 13
forth such circumstances in the record. In addition, restitution 14
shall be ordered to pay for an injury, loss, or damage if the 15
offender pleads guilty to a lesser offense or fewer offenses and 16
agrees with the prosecutor's recommendation that the offender be 17
required to pay restitution to a victim of an offense or offenses 18
which are not prosecuted pursuant to a plea agreement.19
(6) Restitution for the crime of rape of a child in the first, 20
second, or third degree, in which the victim becomes pregnant, shall 21
include: (a) All of the victim's medical expenses that are associated 22
with the rape and resulting pregnancy; and (b) child support for any 23
child born as a result of the rape if child support is ordered 24
pursuant to a civil superior court or administrative order for 25
support for that child. The clerk must forward any restitution 26
payments made on behalf of the victim's child to the Washington state 27
child support registry under chapter 26.23 RCW. Identifying 28
information about the victim and child shall not be included in the 29
order. The offender shall receive a credit against any obligation 30
owing under the administrative or superior court order for support of 31
the victim's child. For the purposes of this subsection, the offender 32
shall remain under the court's jurisdiction until the offender has 33
satisfied support obligations under the superior court or 34
administrative order for the period provided in RCW 4.16.020 or a 35
maximum term of 25 years following the offender's release from total 36
confinement or 25 years subsequent to the entry of the judgment and 37
sentence, whichever period is longer. The court may not reduce the 38
total amount of restitution ordered because the offender may lack the 39
ability to pay the total amount. The department shall supervise the 40
p. 19 HB 1499
offender's compliance with the restitution ordered under this 1
subsection. 2
(7) Regardless of the provisions of subsections (1) through (6) 3
of this section, the court shall order restitution in all cases where 4
the victim is entitled to benefits under the crime victims' 5
compensation act, chapter 7.68 RCW. If the court does not order 6
restitution and the victim of the crime has been determined to be 7
entitled to benefits under the crime victims' compensation act, the 8
department of labor and industries, as administrator of the crime 9
victims' compensation program, may petition the court within one year 10
of entry of the judgment and sentence for entry of a restitution 11
order. Upon receipt of a petition from the department of labor and 12
industries, the court shall hold a restitution hearing and shall 13
enter a restitution order. 14
(8) In addition to any sentence that may be imposed, an offender 15
who has been found guilty of an offense involving fraud or other 16
deceptive practice or an organization which has been found guilty of 17
any such offense may be ordered by the sentencing court to give 18
notice of the conviction to the class of persons or to the sector of 19
the public affected by the conviction or financially interested in 20
the subject matter of the offense by mail, by advertising in 21
designated areas or through designated media, or by other appropriate 22
means. 23
(9) This section does not limit civil remedies or defenses 24
available to the victim, survivors of the victim, or offender 25
including support enforcement remedies for support ordered under 26
subsection (6) of this section for a child born as a result of a rape 27
of a child victim. The court shall identify in the judgment and 28
sentence the victim or victims entitled to restitution and what 29
amount is due each victim. The state or victim may enforce the court-30
ordered restitution in the same manner as a judgment in a civil 31
action. Restitution collected through civil enforcement must be paid 32
through the registry of the court and must be distributed 33
proportionately according to each victim's loss when there is more 34
than one victim. 35
(10) If a person has caused a victim to lose money or property 36
through the filing of a vehicle report of sale in which the 37
designated buyer had no knowledge of the vehicle transfer or the 38
fraudulent filing of the report of sale, upon conviction or when the 39
offender pleads guilty and agrees with the prosecutor's 40
p. 20 HB 1499
recommendation that the offender be required to pay restitution to a 1
victim, the court may order the defendant to pay an amount, fixed by 2
the court, not to exceed double the amount of the defendant's gain or 3
victim's loss from the filing of the vehicle report of sale in which 4
the designated buyer had no knowledge of the vehicle transfer or the 5
fraudulent filing of the report of sale. Such an amount may be used 6
to provide restitution to the victim at the order of the court. It is 7
the duty of the prosecuting attorney to investigate the alternative 8
of restitution, and to recommend it to the court, when the 9
prosecuting attorney believes that restitution is appropriate and 10
feasible. If the court orders restitution, the court must make a 11
finding as to the amount of the victim's loss due to the filing of 12
the report of sale in which the designated buyer had no knowledge of 13
the vehicle transfer or the fraudulent filing of the report of sale, 14
and if the record does not contain sufficient evidence to support 15
such finding, the court may conduct a hearing upon the issue. For 16
purposes of this section, "loss" refers to the amount of money or the 17
value of property or services lost. 18
Sec. 11. RCW 9.94A.760 and 2023 c 449 s 9 are each amended to 19
read as follows: 20
(1) Whenever a person is convicted in superior court, the court 21
may order the payment of a legal financial obligation as part of the 22
sentence. The court may not order an offender to pay costs ((as 23
described in RCW 10.01.160 if the court finds that the offender at 24
the time of sentencing is indigent as defined in RCW 10.01.160(3))) 25
except as specifically authorized by statute . An offender being 26
indigent as defined in ((RCW 10.01.160(3))) section 14 of this act is 27
not grounds for failing to impose restitution, subject to RCW 28
9.94A.750(3) and 9.94A.753(3). The court must on either the judgment 29
and sentence or on a subsequent order to pay, designate the total 30
amount of a legal financial obligation and segregate this amount 31
among the separate assessments made for restitution, costs, fines, 32
and other assessments required by law. On the same order, the court 33
is also to set a sum that the offender is required to pay on a 34
monthly basis towards satisfying the legal financial obligation. If 35
the court fails to set the offender monthly payment amount, the 36
department shall set the amount if the department has active 37
supervision of the offender, otherwise the county clerk shall set the 38
amount. 39
p. 21 HB 1499
(2) Upon receipt of each payment made by or on behalf of an 1
offender, the county clerk shall distribute the payment in the 2
following order of priority until satisfied: 3
(a) First, proportionally to restitution to victims that have not 4
been fully compensated from other sources; 5
(b) Second, proportionally to restitution to insurance or other 6
sources with respect to a loss that has provided compensation to 7
victims; 8
(c) Third, proportionally to crime victims' assessments that have 9
not been waived under RCW 7.68.035; and 10
(d) Fourth, proportionally to costs, fines, and other assessments 11
required by law. 12
(3) ((If the court determines that the offender, at the time of 13
sentencing, has the means to pay for the cost of incarceration, the 14
court may require the offender to pay for the cost of incarceration. 15
The court shall not order the offender to pay the cost of 16
incarceration if the court finds that the offender at the time of 17
sentencing is indigent as defined in RCW 10.01.160(3). Costs of 18
incarceration ordered by the court shall not exceed a rate of $50 per 19
day of incarceration, if incarcerated in a prison, or the actual cost 20
of incarceration per day of incarceration, if incarcerated in a 21
county jail. In no case may the court require the offender to pay 22
more than $100 per day for the cost of incarceration. All funds 23
recovered from offenders for the cost of incarceration in the county 24
jail shall be remitted to the county and the costs of incarceration 25
in a prison shall be remitted to the department.26
(4))) The court may add to the judgment and sentence or 27
subsequent order to pay a statement that a notice of payroll 28
deduction is to be issued immediately. If the court chooses not to 29
order the immediate issuance of a notice of payroll deduction at 30
sentencing, the court shall add to the judgment and sentence or 31
subsequent order to pay a statement that a notice of payroll 32
deduction may be issued or other income-withholding action may be 33
taken, without further notice to the offender if a monthly court-34
ordered legal financial obligation payment is not paid when due, and 35
an amount equal to or greater than the amount payable for one month 36
is owed. 37
If a judgment and sentence or subsequent order to pay does not 38
include the statement that a notice of payroll deduction may be 39
issued or other income-withholding action may be taken if a monthly 40
p. 22 HB 1499
legal financial obligation payment is past due, the department or the 1
county clerk may serve a notice on the offender stating such 2
requirements and authorizations. Service shall be by personal service 3
or any form of mail requiring a return receipt. 4
(((5))) (4)(a) Independent of the department or the county clerk, 5
the party or entity to whom the legal financial obligation is owed 6
shall have the authority to use any other remedies available to the 7
party or entity to collect the legal financial obligation. These 8
remedies include enforcement in the same manner as a judgment in a 9
civil action by the party or entity to whom the legal financial 10
obligation is owed. Restitution collected through civil enforcement 11
must be paid through the registry of the court and must be 12
distributed proportionately according to each victim's loss when 13
there is more than one victim. The judgment and sentence shall 14
identify the party or entity to whom restitution is owed so that the 15
state, party, or entity may enforce the judgment. 16
(b) If restitution is ordered pursuant to RCW 9.94A.750(6) or 17
9.94A.753(6) to a victim of rape of a child or a victim's child born 18
from the rape, the Washington state child support registry shall be 19
identified as the party to whom payments must be made. Restitution 20
obligations arising from the rape of a child in the first, second, or 21
third degree that result in the pregnancy of the victim may be 22
enforced for the time periods provided under RCW 9.94A.750(6) and 23
9.94A.753(6). 24
(c) All other restitution obligations for an offense committed 25
prior to July 1, 2000, may be enforced at any time during the 10-year 26
period following the offender's release from total confinement or 27
within 10 years of entry of the judgment and sentence, whichever 28
period ends later. Prior to the expiration of the initial 10-year 29
period, the superior court may extend the criminal judgment an 30
additional 10 years for payment of restitution obligations. All other 31
restitution obligations for an offense committed on or after July 1, 32
2000, may be enforced at any time the offender remains under the 33
court's jurisdiction. For an offense committed on or after July 1, 34
2000, the court shall retain jurisdiction over the offender, for 35
purposes of the offender's compliance with payment of the restitution 36
obligations, until the obligation is completely satisfied, regardless 37
of the statutory maximum for the crime. 38
(d) All other legal financial obligations other than restitution 39
may be enforced at any time during the 10-year period following the 40
p. 23 HB 1499
offender's release from total confinement or within 10 years of entry 1
of the judgment and sentence, whichever period ends later. Prior to 2
the expiration of the initial 10-year period, the superior court may 3
extend the criminal judgment an additional 10 years for payment of 4
nonrestitution legal financial obligations only if the court finds 5
that the offender has the current or likely future ability to pay the 6
obligations. A person does not have the current ability to pay if the 7
person is indigent as defined in ((RCW 10.01.160(3))) section 14 of 8
this act. 9
(e) The department may only supervise the offender's compliance 10
with payment of the legal financial obligations during any period in 11
which the department is authorized to supervise the offender in the 12
community under RCW 9.94A.728, 9.94A.501, or in which the offender is 13
confined in a state correctional institution or a correctional 14
facility pursuant to a transfer agreement with the department, and 15
the department shall supervise the offender's compliance during any 16
such period. The department is not responsible for supervision of the 17
offender during any subsequent period of time the offender remains 18
under the court's jurisdiction. The county clerk is authorized to 19
collect unpaid legal financial obligations at any time the offender 20
remains under the jurisdiction of the court for purposes of his or 21
her legal financial obligations. 22
(((6))) (5) In order to assist the court in setting a monthly sum 23
that the offender must pay during the period of supervision, the 24
offender is required to report to the department for purposes of 25
preparing a recommendation to the court. When reporting, the offender 26
is required, under oath, to respond truthfully and honestly to all 27
questions concerning present, past, and future earning capabilities 28
and the location and nature of all property or financial assets. The 29
offender is further required to bring all documents requested by the 30
department. 31
(((7))) (6) After completing the investigation, the department 32
shall make a report to the court on the amount of the monthly payment 33
that the offender should be required to make towards a satisfied 34
legal financial obligation. 35
(((8))) (7)(a) During the period of supervision, the department 36
may make a recommendation to the court that the offender's monthly 37
payment schedule be modified so as to reflect a change in financial 38
circumstances. If the department sets the monthly payment amount, the 39
department may modify the monthly payment amount without the matter 40
p. 24 HB 1499
being returned to the court. During the period of supervision, the 1
department may require the offender to report to the department for 2
the purposes of reviewing the appropriateness of the collection 3
schedule for the legal financial obligation. During this reporting, 4
the offender is required under oath to respond truthfully and 5
honestly to all questions concerning earning capabilities and the 6
location and nature of all property or financial assets. The offender 7
shall bring all documents requested by the department in order to 8
prepare the collection schedule. 9
(b) Subsequent to any period of supervision, or if the department 10
is not authorized to supervise the offender in the community, the 11
county clerk may make a recommendation to the court that the 12
offender's monthly payment schedule be modified so as to reflect a 13
change in financial circumstances. If the county clerk sets the 14
monthly payment amount, or if the department set the monthly payment 15
amount and the department has subsequently turned the collection of 16
the legal financial obligation over to the county clerk, the clerk 17
may modify the monthly payment amount without the matter being 18
returned to the court. During the period of repayment, the county 19
clerk may require the offender to report to the clerk for the purpose 20
of reviewing the appropriateness of the collection schedule for the 21
legal financial obligation. During this reporting, the offender is 22
required under oath to respond truthfully and honestly to all 23
questions concerning earning capabilities and the location and nature 24
of all property or financial assets. The offender shall bring all 25
documents requested by the county clerk in order to prepare the 26
collection schedule. 27
(((9))) (8) After the judgment and sentence or payment order is 28
entered, the department is authorized, for any period of supervision, 29
to collect the legal financial obligation from the offender. 30
Subsequent to any period of supervision or, if the department is not 31
authorized to supervise the offender in the community, the county 32
clerk is authorized to collect unpaid legal financial obligations 33
from the offender. Any amount collected by the department shall be 34
remitted daily to the county clerk for the purpose of disbursements. 35
The department and the county clerks are authorized, but not 36
required, to accept credit cards as payment for a legal financial 37
obligation((, and any costs incurred related to accepting credit card 38
payments shall be the responsibility of the offender)).39
p. 25 HB 1499
(((10))) (9) The department or any obligee of the legal financial 1
obligation may seek a mandatory wage assignment for the purposes of 2
obtaining satisfaction for the legal financial obligation pursuant to 3
RCW 9.94A.7701. Any party obtaining a wage assignment shall notify 4
the county clerk. The county clerks shall notify the department, or 5
the administrative office of the courts, whichever is providing the 6
monthly billing for the offender. 7
(((11))) (10) The requirement that the offender pay a monthly sum 8
towards a legal financial obligation constitutes a condition or 9
requirement of a sentence and the offender is subject to the 10
penalties for noncompliance as provided in RCW 9.94B.040, 9.94A.737, 11
or 9.94A.740. If the court determines that the offender is homeless 12
or a person who is mentally ill, as defined in RCW 71.24.025, failure 13
to pay a legal financial obligation is not willful noncompliance and 14
shall not subject the offender to penalties. 15
(((12))) (11)(a) The administrative office of the courts shall 16
mail individualized periodic billings to the address known by the 17
office for each offender with an unsatisfied legal financial 18
obligation. 19
(b) The billing shall direct payments to the county clerk.20
(c) The county clerk shall provide the administrative office of 21
the courts with notice of payments by such offenders no less 22
frequently than weekly. 23
(d) The county clerks, the administrative office of the courts, 24
and the department shall maintain agreements to implement this 25
subsection. 26
(((13))) (12) The department shall arrange for the collection of 27
unpaid legal financial obligations during any period of supervision 28
in the community through the county clerk. The department shall 29
either collect unpaid legal financial obligations or arrange for 30
collections through another entity if the clerk does not assume 31
responsibility or is unable to continue to assume responsibility for 32
collection pursuant to subsection (((5))) (4) of this section. The 33
costs for collection services shall be paid by the offender.34
(((14))) (13) The county clerk may access the records of the 35
employment security department for the purposes of verifying 36
employment or income, seeking any assignment of wages, or performing 37
other duties necessary to the collection of an offender's legal 38
financial obligations. 39
p. 26 HB 1499
(((15))) (14) Nothing in this chapter makes the department, the 1
state, the counties, or any state or county employees, agents, or 2
other persons acting on their behalf liable under any circumstances 3
for the payment of these legal financial obligations or for the acts 4
of any offender who is no longer, or was not, subject to supervision 5
by the department for a term of community custody, and who remains 6
under the jurisdiction of the court for payment of legal financial 7
obligations. 8
Sec. 12. RCW 9.95.210 and 2023 c 449 s 11 are each amended to 9
read as follows: 10
(1)(a) Except as provided in (b) of this subsection in granting 11
probation, the superior court may suspend the imposition or the 12
execution of the sentence and may direct that the suspension may 13
continue upon such conditions and for such time as it shall 14
designate, not exceeding the maximum term of sentence or two years, 15
whichever is longer. 16
(b) For a defendant sentenced for a domestic violence offense, or 17
under RCW 46.61.5055, the superior court may suspend the imposition 18
or the execution of the sentence and may direct that the suspension 19
continue upon such conditions and for such time as the court shall 20
designate, not to exceed five years. The court shall have continuing 21
jurisdiction and authority to suspend the execution of all or any 22
part of the sentence upon stated terms, including installment payment 23
of fines. A defendant who has been sentenced, and who then fails to 24
appear for any hearing to address the defendant's compliance with the 25
terms of probation when ordered to do so by the court shall have the 26
term of probation tolled until such time as the defendant makes his 27
or her presence known to the court on the record. Any time before 28
entering an order terminating probation, the court may modify or 29
revoke its order suspending the imposition or execution of the 30
sentence if the defendant violates or fails to carry out any of the 31
conditions of the suspended sentence. 32
(2) In the order granting probation and as a condition thereof, 33
the superior court may in its discretion imprison the defendant in 34
the county jail for a period not exceeding one year and may fine the 35
defendant any sum not exceeding the statutory limit for the offense 36
committed, and court costs specifically authorized by statute . As a 37
condition of probation, the superior court may require the defendant 38
to make such monetary payments, on such terms as it deems appropriate 39
p. 27 HB 1499
under the circumstances, as are necessary: (a) To comply with any 1
order of the court for the payment of family support; (b) to make 2
restitution to any person or persons who may have suffered loss or 3
damage by reason of the commission of the crime in question or when 4
the offender pleads guilty to a lesser offense or fewer offenses and 5
agrees with the prosecutor's recommendation that the offender be 6
required to pay restitution to a victim of an offense or offenses 7
which are not prosecuted pursuant to a plea agreement; (c) to pay 8
such fine as may be imposed and court costs specifically authorized 9
by statute , including reimbursement of the state for costs of 10
extradition if return to this state by extradition was required; (d) 11
((following consideration of the financial condition of the person 12
subject to possible electronic monitoring, to pay for the costs of 13
electronic monitoring if that monitoring was required by the court as 14
a condition of release from custody or as a condition of probation; 15
(e))) to contribute to a county or interlocal drug fund; and (((f))) 16
(e) to make restitution to a public agency for the costs of an 17
emergency response under RCW 38.52.430, and may require bonds for the 18
faithful observance of any and all conditions imposed in the 19
probation. 20
(3) The superior court shall order restitution in all cases where 21
the victim is entitled to benefits under the crime victims' 22
compensation act, chapter 7.68 RCW. If the superior court does not 23
order restitution and the victim of the crime has been determined to 24
be entitled to benefits under the crime victims' compensation act, 25
the department of labor and industries, as administrator of the crime 26
victims' compensation program, may petition the superior court within 27
one year of imposition of the sentence for entry of a restitution 28
order. Upon receipt of a petition from the department of labor and 29
industries, the superior court shall hold a restitution hearing and 30
shall enter a restitution order. 31
(4) At any time, including at sentencing, the court may determine 32
that the offender is not required to pay, or may relieve the offender 33
of the requirement to pay, full or partial restitution ((and accrued 34
interest on restitution )) where the entity to whom restitution is 35
owed is an insurer or a state agency, except for restitution owed to 36
the department of labor and industries under chapter 7.68 RCW, if the 37
court finds that the offender does not have the current or likely 38
future ability to pay. A person does not have the current ability to 39
pay if the person is indigent as defined in ((RCW 10.01.160(3))) 40
p. 28 HB 1499
section 14 of this act . For the purposes of this subsection, the 1
terms "insurer" and "state agency" have the same meanings as provided 2
in RCW 9.94A.750(3). 3
(5) In granting probation, the superior court may order the 4
probationer to report to the secretary of corrections or such officer 5
as the secretary may designate and as a condition of the probation to 6
follow the instructions of the secretary for up to twelve months. If 7
the county legislative authority has elected to assume responsibility 8
for the supervision of superior court misdemeanant probationers 9
within its jurisdiction, the superior court misdemeanant probationer 10
shall report to a probation officer employed or contracted for by the 11
county. In cases where a superior court misdemeanant probationer is 12
sentenced in one county, but resides within another county, there 13
must be provisions for the probationer to report to the agency having 14
supervision responsibility for the probationer's county of residence.15
(6) If the probationer has been ordered to make restitution and 16
the superior court has ordered supervision, the officer supervising 17
the probationer shall make a reasonable effort to ascertain whether 18
restitution has been made. If the superior court has ordered 19
supervision and restitution has not been made as ordered, the officer 20
shall inform the prosecutor of that violation of the terms of 21
probation not less than three months prior to the termination of the 22
probation period. The secretary of corrections will promulgate rules 23
and regulations for the conduct of the person during the term of 24
probation. For defendants found guilty in district court, like 25
functions as the secretary performs in regard to probation may be 26
performed by probation officers employed for that purpose by the 27
county legislative authority of the county wherein the court is 28
located. 29
(7) The provisions of RCW 9.94A.501 and 9.94A.5011 apply to 30
sentences imposed under this section. 31
(8) For purposes of this section, "domestic violence" means the 32
same as in RCW 10.99.020. 33
Sec. 13. RCW 10.01.160 and 2022 c 260 s 9 are each amended to 34
read as follows: 35
(1) ((Except as provided in subsection (3) of this section, the 36
court may require a defendant to pay costs. Costs may be imposed only 37
upon a convicted defendant, except for costs imposed upon a 38
defendant's entry into a deferred prosecution program, costs imposed 39
p. 29 HB 1499
upon a defendant for pretrial supervision, or costs imposed upon a 1
defendant for preparing and serving a warrant for failure to appear.2
(2) Costs shall be limited to expenses specially incurred by the 3
state in prosecuting the defendant or in administering the deferred 4
prosecution program under chapter 10.05 RCW or pretrial supervision. 5
They cannot include expenses inherent in providing a constitutionally 6
guaranteed jury trial or expenditures in connection with the 7
maintenance and operation of government agencies that must be made by 8
the public irrespective of specific violations of law. Expenses 9
incurred for serving of warrants for failure to appear and jury fees 10
under RCW 10.46.190 may be included in costs the court may require a 11
defendant to pay. Costs for administering a deferred prosecution may 12
not exceed $250. Costs for administering a pretrial supervision other 13
than a pretrial electronic alcohol monitoring program, drug 14
monitoring program, or 24/7 sobriety program may not exceed $150. 15
Costs for preparing and serving a warrant for failure to appear may 16
not exceed $100. Costs of incarceration imposed on a defendant 17
convicted of a misdemeanor or a gross misdemeanor may not exceed the 18
actual cost of incarceration. In no case may the court require the 19
offender to pay more than $100 per day for the cost of incarceration. 20
Payment of other court-ordered financial obligations, including all 21
legal financial obligations and costs of supervision take precedence 22
over the payment of the cost of incarceration ordered by the court. 23
All funds received from defendants for the cost of incarceration in 24
the county or city jail must be remitted for criminal justice 25
purposes to the county or city that is responsible for the 26
defendant's jail costs. Costs imposed constitute a judgment against a 27
defendant and survive a dismissal of the underlying action against 28
the defendant. However, if the defendant is acquitted on the 29
underlying action, the costs for preparing and serving a warrant for 30
failure to appear do not survive the acquittal, and the judgment that 31
such costs would otherwise constitute shall be vacated.32
(3) The court shall not order a defendant to pay costs if the 33
defendant at the time of sentencing is indigent. In determining the 34
amount and method of payment of costs for defendants who are not 35
indigent, the court shall take account of the financial resources of 36
the defendant and the nature of the burden that payment of costs will 37
impose. For the purposes of this section, a defendant is "indigent" 38
if the defendant: (a) Meets the criteria defined in RCW 10.101.010(3) 39
(a) through (c); (b) is homeless or mentally ill as defined in RCW 40
p. 30 HB 1499
71.24.025; (c) has household income above 125 percent of the federal 1
poverty guidelines and has recurring basic living costs, as defined 2
in RCW 10.101.010, that render the defendant without the financial 3
ability to pay; or (d) has other compelling circumstances that exist 4
that demonstrate an inability to pay. 5
(4) A defendant who has been ordered to pay costs and who has not 6
willfully failed to pay the obligation, as described in RCW 7
9.94A.6333, 9.94B.040, and 10.01.180, may at any time petition the 8
sentencing court for remission of the payment of costs or of any 9
unpaid portion thereof. If it appears to the satisfaction of the 10
court that payment of the amount due will impose manifest hardship on 11
the defendant or the defendant's immediate family, the court may 12
remit all or part of the amount due in costs, modify the method of 13
payment under RCW 10.01.170, or convert the unpaid costs to community 14
restitution hours, if the jurisdiction operates a community 15
restitution program, at the rate of no less than the state minimum 16
wage established in RCW 49.46.020 for each hour of community 17
restitution. Manifest hardship exists where the defendant is indigent 18
as defined in subsection (3) of this section.19
(5) Except for direct costs relating to evaluating and reporting 20
to the court, prosecutor, or defense counsel regarding a defendant's 21
competency to stand trial as provided in RCW 10.77.060, this )) The 22
court shall not order a defendant to pay costs except as specifically 23
authorized by statute. "Costs" means any amount, whether designated a 24
fee, assessment, or cost, that is imposed for the costs associated 25
with a defendant's arrest, prosecution, detention, or supervision in 26
connection with a criminal offense.27
(2) This section shall not apply to costs related to medical or 28
mental health treatment or services a defendant receives while in 29
custody of the secretary of the department of social and health 30
services or other governmental units. This section shall not prevent 31
the secretary of the department of social and health services or 32
other governmental units from imposing liability and seeking 33
reimbursement from a defendant committed to an appropriate facility 34
as provided in RCW 10.77.084 while criminal proceedings are stayed. 35
This section shall also not prevent governmental units from imposing 36
liability on defendants for costs related to providing medical or 37
mental health treatment while the defendant is in the governmental 38
unit's custody. Medical or mental health treatment and services a 39
defendant receives at a state hospital or other facility are not a 40
p. 31 HB 1499
cost of prosecution and shall be recoverable under RCW 10.77.250 and 1
70.48.130, chapter 43.20B RCW, and any other applicable statute.2
NEW SECTION. Sec. 14. A new section is added to chapter 10.01 3
RCW to read as follows: 4
For the purposes of this chapter, a defendant is "indigent" if 5
the defendant: (1) Meets the criteria defined in RCW 10.101.010(3) 6
(a) through (c); (2) is homeless or mentally ill as defined in RCW 7
71.24.025; (3) has household income above 200 percent of the federal 8
poverty guidelines and has recurring basic living costs, as defined 9
in RCW 10.101.010, that render the defendant without the financial 10
ability to pay; or (4) has other compelling circumstances that exist 11
that demonstrate an inability to pay. 12
Sec. 15. RCW 10.01.170 and 2022 c 260 s 19 are each amended to 13
read as follows: 14
(1) When a defendant is sentenced to pay fines, penalties, 15
assessments, fees, restitution, or costs, the court may grant 16
permission for payment to be made within a specified period of time 17
or in specified installments. If the court finds that the defendant 18
is indigent as defined in ((RCW 10.01.160(3))) section 14 of this 19
act, the court shall grant permission for payment to be made within a 20
specified period of time or in specified installments. If no such 21
permission is included in the sentence the fine or costs shall be 22
payable forthwith. 23
(2) An offender's monthly payment shall be applied in the 24
following order of priority until satisfied: 25
(a) First, proportionally to restitution to victims that have not 26
been fully compensated from other sources; 27
(b) Second, proportionally to restitution to insurance or other 28
sources with respect to a loss that has provided compensation to 29
victims; 30
(c) Third, proportionally to crime victims' assessments; and31
(d) Fourth, proportionally to costs, fines, and other assessments 32
required by law. 33
(3) No additional fee, penalty, or assessment may be charged for 34
a defendant to pay legal financial obligations over a period of time 35
or in installments.36
p. 32 HB 1499
Sec. 16. RCW 10.05.140 and 2019 c 263 s 706 are each amended to 1
read as follows: 2
(1) As a condition of granting a deferred prosecution petition, 3
the court shall order that the petitioner shall not operate a motor 4
vehicle upon the public highways without a valid operator's license 5
and proof of liability insurance. The amount of liability insurance 6
shall be established by the court at not less than that established 7
by RCW 46.29.490. As a condition of granting a deferred prosecution 8
petition on any alcohol-dependency based case, the court shall also 9
order the installation of an ignition interlock under RCW 46.20.720. 10
The required periods of use of the interlock shall be not less than 11
the periods provided for in RCW 46.20.720. As a condition of granting 12
a deferred prosecution petition, the court may order the petitioner 13
to make restitution ((and)). The court may not order the petitioner 14
to pay costs as defined in RCW 10.01.160 except as specifically 15
authorized by statute . To help ensure continued sobriety and reduce 16
the likelihood of reoffense, the court may order reasonable 17
conditions during the period of the deferred prosecution including, 18
but not limited to, attendance at self-help recovery support groups 19
for alcoholism or drugs, complete abstinence from alcohol and all 20
nonprescribed mind-altering drugs, periodic urinalysis or breath 21
analysis, and maintaining law-abiding behavior. The court may 22
terminate the deferred prosecution program upon violation of the 23
deferred prosecution order. 24
(2) As a condition of granting a deferred prosecution petition 25
for a case involving a domestic violence behavior problem:26
(a) The court shall order the petitioner not to possess firearms 27
and order the petitioner to surrender firearms under RCW 9.41.800; 28
and 29
(b) The court may order the petitioner to make restitution 30
((and)). The court may not order the petitioner to pay costs as 31
defined in RCW 10.01.160 except as specifically authorized by 32
statute. In addition, to help ensure continued sobriety and reduce 33
the likelihood of reoffense in co-occurring domestic violence and 34
substance abuse or mental health cases, the court may order 35
reasonable conditions during the period of the deferred prosecution 36
including, but not limited to, attendance at self-help recovery 37
support groups for alcoholism or drugs, complete abstinence from 38
alcohol and all nonprescribed mind-altering drugs, periodic 39
urinalysis or breath analysis, and maintaining law-abiding behavior. 40
p. 33 HB 1499
The court may terminate the deferred prosecution program upon 1
violation of the deferred prosecution order. 2
Sec. 17. RCW 10.05.140 and 2024 c 306 s 21 are each amended to 3
read as follows: 4
(1) As a condition of granting a deferred prosecution petition 5
for a violation of RCW 46.61.502 or 46.61.504, the court shall order 6
that the petitioner shall not operate a motor vehicle upon the public 7
highways without a valid operator's license and proof of liability 8
insurance. The amount of liability insurance shall be established by 9
the court at not less than that established by RCW 46.29.490. As a 10
condition of granting a deferred prosecution petition on any 11
substance use disorder-based case, the court shall also order the 12
installation of an ignition interlock under RCW 46.20.720. The 13
required periods of use of the interlock shall be not less than the 14
periods provided for in RCW 46.20.720. As a condition of granting a 15
deferred prosecution petition, the court may order the petitioner to 16
make restitution ((and)). The court may not order the petitioner to 17
pay costs as defined in RCW 10.01.160 except as specifically 18
authorized by statute . To help ensure continued sobriety and reduce 19
the likelihood of reoffense, the court may order reasonable 20
conditions during the period of the deferred prosecution including, 21
but not limited to, attendance at self-help recovery support groups 22
for substance use disorder, complete abstinence from alcohol and all 23
nonprescribed mind-altering drugs, periodic urinalysis or breath 24
analysis, and maintaining law-abiding behavior. The court may 25
terminate the deferred prosecution upon violation of the deferred 26
prosecution order. 27
(2) As a condition of granting a deferred prosecution petition 28
for a case involving a domestic violence behavior problem:29
(a) The court shall order the petitioner not to possess firearms 30
and order the petitioner to surrender firearms under RCW 9.41.800; 31
and 32
(b) The court may order the petitioner to make restitution 33
((and)). The court may not order the petitioner to pay costs as 34
defined in RCW 10.01.160 except as specifically authorized by 35
statute. In addition, to help ensure continued sobriety and reduce 36
the likelihood of reoffense in co-occurring domestic violence and 37
substance use disorder or mental health disorder cases, the court may 38
order reasonable conditions during the period of the deferred 39
p. 34 HB 1499
prosecution including, but not limited to, attendance at self-help 1
recovery support groups for substance use disorder, complete 2
abstinence from alcohol and all nonprescribed mind-altering drugs, 3
periodic urinalysis or breath analysis, and maintaining law-abiding 4
behavior. The court may terminate the deferred prosecution upon 5
violation of the deferred prosecution order. 6
Sec. 18. RCW 10.05.170 and 1991 c 247 s 2 are each amended to 7
read as follows: 8
As a condition of granting deferred prosecution, the court may 9
order supervision of the petitioner during the period of deferral 10
((and may levy a monthly assessment upon the petitioner as provided 11
in RCW 10.64.120)). The court may not charge a fee or assessment in 12
connection with the deferred prosecution. In a jurisdiction with a 13
probation department, the court may appoint the probation department 14
to supervise the petitioner. In a jurisdiction without a probation 15
department, the court may appoint an appropriate person or agency to 16
supervise the petitioner. A supervisor appointed under this section 17
shall be required to do at least the following: 18
(1) If the charge for which deferral is granted relates to 19
operation of a motor vehicle, at least once every six months request 20
from the department of licensing an abstract of the petitioner's 21
driving record; and 22
(2) At least once every month make contact with the petitioner or 23
with any agency to which the petitioner has been directed for 24
treatment as a part of the deferral. 25
Sec. 19. RCW 10.05.170 and 2024 c 306 s 25 are each amended to 26
read as follows: 27
As a condition of granting deferred prosecution, the court may 28
order supervision of the petitioner during the period of deferral 29
((and may levy a monthly assessment upon the petitioner as provided 30
in RCW 10.64.120)). The court may not charge a fee or assessment in 31
connection with the deferred prosecution. In a jurisdiction with a 32
probation department, the court may appoint the probation department 33
to supervise the petitioner. In a jurisdiction without a probation 34
department, the court may appoint an appropriate person or agency to 35
supervise the petitioner. A supervisor appointed under this section 36
shall be required to do at least the following: 37
p. 35 HB 1499
(1) If the charge for which deferral is granted relates to 1
operation of a motor vehicle, at least once every three months 2
request an abstract of the petitioner's driving record;3
(2) At least once every month make contact with the petitioner 4
until treatment is completed; 5
(3) Review the petitioner's criminal history at a minimum of 6
every 90 days until the end of the deferral period; and7
(4) Report known violations of supervision or law and 8
noncompliance with conditions of the deferred prosecution to the 9
court within five business days or as soon as practicable.10
Sec. 20. RCW 10.64.015 and 2022 c 260 s 11 are each amended to 11
read as follows: 12
When the defendant is found guilty, the court shall render 13
judgment accordingly ((, and the defendant may be liable for all 14
costs, unless the court or jury trying the cause expressly find 15
otherwise)). The court shall not order a defendant to pay costs, as 16
((described)) defined in RCW 10.01.160, except as specifically 17
authorized by statute. The court shall not order a defendant to pay 18
costs if the court finds that the person at the time of sentencing is 19
indigent as defined in ((RCW 10.01.160(3))) section 14 of this act.20
Sec. 21. RCW 10.64.120 and 2021 c 41 s 4 are each amended to 21
read as follows: 22
(1) ((Every judge of a court of limited jurisdiction shall have 23
the authority to levy upon a person a monthly assessment not to 24
exceed one hundred dollars for services provided whenever the person 25
is referred by the court to the misdemeanant probation department for 26
evaluation or supervision services. The assessment may also be made 27
by a judge in superior court when such misdemeanor or gross 28
misdemeanor cases are heard in the superior court. Nothing in this 29
subsection prevents contracting jurisdictions under RCW 39.34.180(6) 30
from agreeing to the division of moneys received for probation 31
supervision services.32
(2) For the purposes of this section the )) The administrative 33
office of the courts shall define a probation department and adopt 34
rules for the qualifications of probation officers based on 35
occupational and educational requirements developed by an oversight 36
committee. This oversight committee shall include a representative 37
from the district and municipal court judges' association, the 38
p. 36 HB 1499
misdemeanant corrections association, the administrative office of 1
the courts, and associations of cities and counties. The oversight 2
committee shall consider qualifications that provide the training and 3
education necessary to (a) conduct presentencing and postsentencing 4
background investigations, including sentencing recommendations to 5
the court regarding jail terms, alternatives to incarceration, and 6
conditions of release; and (b) provide ongoing supervision and 7
assessment of offenders' needs and the risk they pose to the 8
community. 9
(((3) It shall be the responsibility of the probation services 10
office to implement local procedures approved by the court of limited 11
jurisdiction to ensure collection and payment of such fees into the 12
general fund of the city or county treasury.13
(4) Revenues raised under this section shall be used to fund 14
programs for probation services and shall be in addition to those 15
funds provided in RCW 3.62.050.16
(5) Assessments and fees levied upon a probationer under this 17
section must be suspended while the probationer is being supervised 18
by another state under RCW 9.94A.745, the interstate compact for 19
adult offender supervision. )) (2) Probation departments may not levy 20
fees or assessments related to any misdemeanor or felony evaluation 21
or supervision services.22
Sec. 22. RCW 10.82.070 and 2012 c 136 s 6 are each amended to 23
read as follows: 24
(1) All sums of money derived from costs, fines, penalties, and 25
forfeitures imposed or collected, in whole or in part, by a superior 26
court for violation of orders of injunction, mandamus and other like 27
writs, for contempt of court, or for breach of the penal laws shall 28
be paid in cash by the person collecting the same, within twenty days 29
after the collection, to the county treasurer of the county in which 30
the same have accrued. 31
(2) Except as provided in RCW 9A.88.120 and 10.99.080, the county 32
treasurer shall remit monthly thirty-two percent of the money 33
received under this section except for certain costs to the state 34
treasurer for deposit in the state general fund and shall deposit the 35
remainder as provided by law. "Certain costs" as used in this 36
subsection, means those costs awarded to prevailing parties in civil 37
actions under RCW 4.84.010 or 36.18.040, or those costs awarded 38
against convicted defendants in criminal actions ((under RCW 39
p. 37 HB 1499
10.01.160, 10.46.190, or 36.18.040, or other similar statutes )) as 1
specifically authorized by statute if such costs are specifically 2
designated as costs by the court ((and are awarded for the specific 3
reimbursement of costs incurred by the state or county in the 4
prosecution of the case, including the fees of defense counsel )). 5
Costs or assessments awarded to dedicated accounts, state or local, 6
are not subject to this state allocation or to RCW 7.68.035.7
(3) All fees, fines, forfeitures and penalties collected or 8
assessed by a district court because of the violation of a state law 9
shall be remitted as provided in chapter 3.62 RCW as now exists or is 10
later amended. All fees, fines, forfeitures, and penalties collected 11
or assessed by a superior court in cases on appeal from a lower court 12
shall be remitted to the municipal or district court from which the 13
cases were appealed. 14
Sec. 23. RCW 10.101.020 and 1997 c 41 s 5 are each amended to 15
read as follows: 16
(1) A determination of indigency shall be made for all persons 17
wishing the appointment of counsel in criminal, juvenile, involuntary 18
commitment, and dependency cases, and any other case where the right 19
to counsel attaches. The court or its designee shall determine 20
whether the person is indigent pursuant to the standards set forth in 21
this chapter. 22
(2) In making the determination of indigency, the court shall 23
also consider the anticipated length and complexity of the 24
proceedings and the usual and customary charges of an attorney in the 25
community for rendering services, and any other circumstances 26
presented to the court which are relevant to the issue of indigency. 27
The appointment of counsel shall not be denied to the person because 28
the person's friends or relatives, other than a spouse who was not 29
the victim of any offense or offenses allegedly committed by the 30
person, have resources adequate to retain counsel, or because the 31
person has posted or is capable of posting bond. 32
(3) The determination of indigency shall be made upon the 33
defendant's initial contact with the court or at the earliest time 34
circumstances permit. The court or its designee shall keep a written 35
record of the determination of indigency. Any information given by 36
the accused under this ((section or sections )) chapter shall be 37
confidential and shall not be available for use by the prosecution in 38
the pending case. 39
p. 38 HB 1499
(4) If a determination of eligibility cannot be made before the 1
time when the first services are to be rendered, the court shall 2
appoint an attorney on a provisional basis. If the court subsequently 3
determines that the person receiving the services is ineligible, the 4
court shall notify the person of the termination of services, subject 5
to court-ordered reinstatement. 6
(5) ((All persons determined to be indigent and able to 7
contribute, shall be required to execute a promissory note at the 8
time counsel is appointed. The person shall be informed whether 9
payment shall be made in the form of a lump sum payment or periodic 10
payments. The payment and payment schedule must be set forth in 11
writing. The person receiving the appointment of counsel shall also 12
sign an affidavit swearing under penalty of perjury that all income 13
and assets reported are complete and accurate. In addition, the 14
person must swear in the affidavit to immediately report any change 15
in financial status to the court.16
(6))) The office or individual charged by the court to make the 17
determination of indigency shall provide a written report and opinion 18
as to indigency on a form prescribed by the office of public defense, 19
based on information obtained from the defendant and subject to 20
verification. The form shall include information necessary to provide 21
a basis for making a determination with respect to indigency as 22
provided by this chapter. 23
(6) A defendant who is indigent shall not be charged costs or 24
fees for court-appointed counsel.25
Sec. 24. RCW 35.20.220 and 2018 c 269 s 5 are each amended to 26
read as follows: 27
(1) The chief clerk, under the supervision and direction of the 28
court administrator of the municipal court, shall have the custody 29
and care of the books, papers and records of the court. The chief 30
clerk or a deputy shall be present during the session of the court 31
and has the power to swear all witnesses and jurors, administer oaths 32
and affidavits, and take acknowledgments. The chief clerk shall keep 33
the records of the court and shall issue all process under his or her 34
hand and the seal of the court. The chief clerk shall do and perform 35
all things and have the same powers pertaining to the office as the 36
clerks of the superior courts have in their office. He or she shall 37
receive all fines, penalties, and fees of every kind and keep a full, 38
accurate, and detailed account of the same. The chief clerk shall on 39
p. 39 HB 1499
each day pay into the city treasury all money received for the city 1
during the day previous, with a detailed account of the same, and 2
taking the treasurer's receipt therefor. 3
(2) Except as provided in RCW 9A.88.120 and 10.99.080, the city 4
treasurer shall remit monthly thirty-two percent of the noninterest 5
money received under this section, other than for parking infractions 6
and certain costs to the state treasurer. "Certain costs" as used in 7
this subsection, means those costs awarded to prevailing parties in 8
civil actions under RCW 4.84.010 or 36.18.040, or those costs awarded 9
against convicted defendants in criminal actions ((under RCW 10
10.01.160, 10.46.190, or 36.18.040, or other similar statutes )) as 11
specifically authorized by statute if such costs are specifically 12
designated as costs by the court ((and are awarded for the specific 13
reimbursement of costs incurred by the state, county, city, or town 14
in the prosecution of the case, including the fees of defense 15
counsel)). Money remitted under this subsection to the state 16
treasurer shall be deposited in the state general fund.17
(3) The balance of the noninterest money received under this 18
section shall be retained by the city and deposited as provided by 19
law. 20
(4)(a) Except as provided in (b) of this subsection, penalties, 21
fines, fees, and costs may accrue interest at the rate of twelve 22
percent per annum, upon assignment to a collection agency. Interest 23
may accrue only while the case is in collection status.24
(b) As of June 7, 2018, penalties, fines, bail forfeitures, fees, 25
and costs imposed against a defendant in a criminal proceeding shall 26
not accrue interest. 27
(5) Interest retained by the court on penalties, fines, bail 28
forfeitures, fees, and costs shall be split twenty-five percent to 29
the state treasurer for deposit in the state general fund, twenty-30
five percent to the state treasurer for deposit in the judicial 31
information system account as provided in RCW 2.68.020, twenty-five 32
percent to the city general fund, and twenty-five percent to the city 33
general fund to fund local courts. 34
Sec. 25. RCW 36.18.016 and 2022 c 29 s 12 are each amended to 35
read as follows: 36
(1) Revenue collected under this section is not subject to 37
division under RCW 36.18.025 or 27.24.070. 38
p. 40 HB 1499
(2)(a) For the filing of a petition for modification of a decree 1
of dissolution or paternity, within the same case as the original 2
action, and any party filing a counterclaim, cross-claim, or third-3
party claim in any such action, a fee of $36 must be paid.4
(b) The party filing the first or initial petition for 5
dissolution, legal separation, or declaration concerning the validity 6
of marriage shall pay, at the time and in addition to the filing fee 7
required under RCW 36.18.020, a fee of $54. The clerk of the superior 8
court shall transmit monthly $48 of the $54 fee collected under this 9
subsection to the state treasury for deposit in the domestic violence 10
prevention account. The remaining six dollars shall be retained by 11
the county for the purpose of supporting community-based domestic 12
violence services within the county, except for five percent of the 13
six dollars, which may be retained by the court for administrative 14
purposes. On or before December 15th of each year, the county shall 15
report to the department of social and health services revenues 16
associated with this section and community-based domestic violence 17
services expenditures. The department of social and health services 18
shall develop a reporting form to be utilized by counties for uniform 19
reporting purposes. 20
(3)(((a))) The party making a demand for a jury of six in a civil 21
action shall pay, at the time, a fee of $125; if the demand is for a 22
jury of 12, a fee of $250. If, after the party demands a jury of six 23
and pays the required fee, any other party to the action requests a 24
jury of 12, an additional $125 fee will be required of the party 25
demanding the increased number of jurors. 26
(((b) Upon conviction in criminal cases a jury demand charge of 27
$125 for a jury of six, or $250 for a jury of 12 may be imposed as 28
costs under RCW 10.46.190.))29
(4) For preparing a certified copy of an instrument on file or of 30
record in the clerk's office, for the first page or portion of the 31
first page, a fee of five dollars, and for each additional page or 32
portion of a page, a fee of one dollar must be charged. For 33
authenticating or exemplifying an instrument, a fee of two dollars 34
for each additional seal affixed must be charged. For preparing a 35
copy of an instrument on file or of record in the clerk's office 36
without a seal, a fee of 50 cents per page must be charged. When 37
copying a document without a seal or file that is in an electronic 38
format, a fee of 25 cents per page must be charged. For copies made 39
p. 41 HB 1499
on a compact disc, an additional fee of $20 for each compact disc 1
must be charged. 2
(5) For executing a certificate, with or without a seal, a fee of 3
two dollars must be charged. 4
(6) For a garnishee defendant named in an affidavit for 5
garnishment and for a writ of attachment, a fee of $20 must be 6
charged. 7
(7) For filing a supplemental proceeding, a fee of $20 must be 8
charged. 9
(8) For approving a bond, including justification on the bond, in 10
other than civil actions and probate proceedings, a fee of two 11
dollars must be charged. 12
(9) For the issuance of a certificate of qualification and a 13
certified copy of letters of administration, letters testamentary, or 14
letters of guardianship, there must be a fee of five dollars.15
(10) For the preparation of a passport application, the clerk may 16
collect an execution fee as authorized by the federal government.17
(11) For clerk's services such as performing historical searches, 18
compiling statistical reports, and conducting exceptional record 19
searches, the clerk may collect a fee not to exceed $30 per hour.20
(12) For processing ex parte orders, the clerk may collect a fee 21
of $30. 22
(13) For duplicated recordings of court's proceedings there must 23
be a fee of $10 for each audiotape and $25 for each video or other 24
electronic storage medium. 25
(14) For registration of land titles, Torrens Act, under RCW 26
65.12.780, a fee of $20 must be charged. 27
(15) For the issuance of extension of judgment under RCW 6.17.020 28
and chapter 9.94A RCW, a fee of $200 must be charged. When the 29
extension of judgment is at the request of the clerk, the $200 charge 30
may be imposed as court costs ((under RCW 10.46.190)). This charge 31
may not be imposed in criminal cases except as provided in RCW 32
6.17.020.33
(16) A facilitator surcharge of up to $20 must be charged as 34
authorized under RCW 26.12.240. 35
(17) For filing an adjudication claim under RCW 90.03.180, a fee 36
of $25 must be charged. 37
(18) For filing a claim of frivolous lien under RCW 60.04.081 or 38
60.90.130 or filing an action to release a lien under RCW 60.90.090 39
and 60.90.140, a fee of $35 must be charged. 40
p. 42 HB 1499
(19) For preparation of a change of venue, a fee of $20 must be 1
charged by the originating court in addition to the per page charges 2
in subsection (4) of this section. 3
(20) A service fee of five dollars for the first page and one 4
dollar for each additional page must be charged for receiving faxed 5
documents, pursuant to Washington state rules of court, general rule 6
17. 7
(21) For preparation of clerk's papers under RAP 9.7, a fee of 50 8
cents per page must be charged. 9
(22) For copies and reports produced at the local level as 10
permitted by RCW 2.68.020 and supreme court policy, a variable fee 11
must be charged. 12
(23) Investment service charge and earnings under RCW 36.48.090 13
must be charged. 14
(24) Costs for nonstatutory services rendered by clerk by 15
authority of local ordinance or policy must be charged.16
(25) For filing a request for civil arbitration, a filing fee may 17
be assessed against the party filing a statement of arbitrability not 18
to exceed $250 as established by authority of local ordinance. $220 19
of this charge shall be used to offset the cost of the civil 20
arbitration program. $30 of each fee collected under this subsection 21
must be used for indigent defense services. 22
(26) For filing a request for trial de novo of a civil 23
arbitration award, a fee not to exceed $400 as established by 24
authority of local ordinance must be charged. 25
(27) A public agency may not charge a fee to a law enforcement 26
agency, for preparation, copying, or mailing of certified copies of 27
the judgment and sentence, information, affidavit of probable cause, 28
and/or the notice of requirement to register, of a sex offender 29
convicted in a Washington court, when such records are necessary for 30
risk assessment, preparation of a case for failure to register, or 31
maintenance of a sex offender's registration file.32
(28) For the filing of a will or codicil under the provisions of 33
chapter 11.12 RCW, a fee of $20 must be charged. 34
(29) A surcharge of up to $20 may be charged in dissolution and 35
legal separation actions as authorized by RCW 26.12.260.36
The revenue to counties from the fees established in this section 37
shall be deemed to be complete reimbursement from the state for the 38
state's share of benefits paid to the superior court judges of the 39
p. 43 HB 1499
state prior to July 24, 2005, and no claim shall lie against the 1
state for such benefits. 2
Sec. 26. RCW 36.18.020 and 2022 c 260 s 17 are each amended to 3
read as follows: 4
(1) Revenue collected under this section is subject to division 5
with the state under RCW 36.18.025 and with the county or regional 6
law library fund under RCW 27.24.070, except as provided in 7
subsection (((5))) (6) of this section. 8
(2) Clerks of superior courts shall collect the following fees 9
for their official services: 10
(a) In addition to any other fee required by law, the party 11
filing the first or initial document in any civil action, including, 12
but not limited to an action for restitution, adoption, or change of 13
name, and any party filing a counterclaim, cross-claim, or third-14
party claim in any such civil action, shall pay, at the time the 15
document is filed, a fee of $200 except, in an unlawful detainer 16
action under chapter 59.18 or 59.20 RCW for which the plaintiff shall 17
pay a case initiating filing fee of $45, or in proceedings filed 18
under RCW 28A.225.030 alleging a violation of the compulsory 19
attendance laws where the petitioner shall not pay a filing fee. The 20
$45 filing fee under this subsection for an unlawful detainer action 21
shall not include an order to show cause or any other order or 22
judgment except a default order or default judgment in an unlawful 23
detainer action. 24
(b) Any party, except a defendant in a criminal case, filing the 25
first or initial document on an appeal from a court of limited 26
jurisdiction or any party on any civil appeal, shall pay, when the 27
document is filed, a fee of $200. 28
(c) For filing of a petition for judicial review as required 29
under RCW 34.05.514 a filing fee of $200. 30
(d) For filing of a petition for an antiharassment protection 31
order under RCW 7.105.100 a filing fee of $53. 32
(e) For filing the notice of debt due for the compensation of a 33
crime victim under RCW 7.68.120(2)(a) a fee of $200.34
(f) In probate proceedings, the party instituting such 35
proceedings, shall pay at the time of filing the first document 36
therein, a fee of $200. 37
(g) For filing any petition to contest a will admitted to probate 38
or a petition to admit a will which has been rejected, or a petition 39
p. 44 HB 1499
objecting to a written agreement or memorandum as provided in RCW 1
11.96A.220, there shall be paid a fee of $200. 2
(h) ((Upon conviction or plea of guilty, upon failure to 3
prosecute an appeal from a court of limited jurisdiction as provided 4
by law, or upon affirmance of a conviction by a court of limited 5
jurisdiction, an adult defendant in a criminal case shall be liable 6
for a fee of two hundred dollars, except this fee shall not be 7
imposed on a defendant who is indigent as defined in RCW 8
10.01.160(3). Upon motion by the defendant, the court may waive or 9
reduce any fee previously imposed under this subsection if the court 10
finds that the defendant is indigent as defined in RCW 10.01.160(3).11
(i))) With the exception of demands for jury hereafter made and 12
garnishments hereafter issued, civil actions and probate proceedings 13
filed prior to midnight, July 1, 1972, shall be completed and 14
governed by the fee schedule in effect as of January 1, 1972. 15
However, no fee shall be assessed if an order of dismissal on the 16
clerk's record be filed as provided by rule of the supreme court.17
(3) No filing fee shall be charged or collected in a criminal 18
case.19
(4) No fee shall be collected when a petition for relinquishment 20
of parental rights is filed pursuant to RCW 26.33.080 or for forms 21
and instructional brochures provided under RCW 7.105.115.22
(((4))) (5) No fee shall be collected when an abstract of 23
judgment is filed by the county clerk of another county for the 24
purposes of collection of legal financial obligations.25
(((5))) (6)(a) In addition to the fees required to be collected 26
under this section, clerks of the superior courts must collect the 27
following surcharges ((as provided in this subsection (5))) of which 28
75 percent must be remitted to the state treasurer for deposit in the 29
judicial stabilization trust account and 25 percent must be retained 30
by the county. 31
(b) On filing fees required to be collected under subsection 32
(2)(b) of this section, a surcharge of $30 must be collected.33
(c) On all filing fees required to be collected under this 34
section, except for fees required under subsection (2)(b)((,)) and 35
(d)((, and (h))) of this section, a surcharge of $40 must be 36
collected. 37
Sec. 27. RCW 4.56.110 and 2019 c 371 s 1 are each amended to 38
read as follows: 39
p. 45 HB 1499
Interest on judgments shall accrue as follows: 1
(1) Judgments founded on written contracts, providing for the 2
payment of interest until paid at a specified rate, shall bear 3
interest at the rate specified in the contracts: PROVIDED, That said 4
interest rate is set forth in the judgment. 5
(2) All judgments for unpaid child support that have accrued 6
under a superior court order or an order entered under the 7
administrative procedure act shall bear interest at the rate of 8
twelve percent. 9
(3)(a) Judgments founded on the tortious conduct of a "public 10
agency" as defined in RCW 42.30.020 shall bear interest from the date 11
of entry at two percentage points above the equivalent coupon issue 12
yield, as published by the board of governors of the federal reserve 13
system, of the average bill rate for twenty-six week treasury bills 14
as determined at the first bill market auction conducted during the 15
calendar month immediately preceding the date of entry. In any case 16
where a court is directed on review to enter judgment on a verdict or 17
in any case where a judgment entered on a verdict is wholly or partly 18
affirmed on review, interest on the judgment or on that portion of 19
the judgment affirmed shall date back to and shall accrue from the 20
date the verdict was rendered. 21
(b) Except as provided in (a) of this subsection, judgments 22
founded on the tortious conduct of individuals or other entities, 23
whether acting in their personal or representative capacities, shall 24
bear interest from the date of entry at two percentage points above 25
the prime rate, as published by the board of governors of the federal 26
reserve system on the first business day of the calendar month 27
immediately preceding the date of entry. In any case where a court is 28
directed on review to enter judgment on a verdict or in any case 29
where a judgment entered on a verdict is wholly or partly affirmed on 30
review, interest on the judgment or on that portion of the judgment 31
affirmed shall date back to and shall accrue from the date the 32
verdict was rendered. 33
(4) Except as provided under subsection (1) of this section, 34
judgments for unpaid private student loan debt, as defined in RCW 35
6.01.060, shall bear interest from the date of entry at two 36
percentage points above the prime rate, as published by the board of 37
governors of the federal reserve system on the first business day of 38
the calendar month immediately preceding the date of entry.39
p. 46 HB 1499
(5) Except as provided under subsection (1) of this section, 1
judgments for unpaid consumer debt, as defined in RCW 6.01.060, shall 2
bear interest from the date of entry at a rate of nine percent.3
(6) Except as provided under subsections (1) through (5) of this 4
section, judgments shall bear interest from the date of entry at the 5
maximum rate permitted under RCW 19.52.020 on the date of entry 6
thereof. In any case where a court is directed on review to enter 7
judgment on a verdict or in any case where a judgment entered on a 8
verdict is wholly or partly affirmed on review, interest on the 9
judgment or on that portion of the judgment affirmed shall date back 10
to and shall accrue from the date the verdict was rendered. The 11
method for determining an interest rate prescribed by this subsection 12
is also the method for determining the "rate applicable to civil 13
judgments" for purposes of RCW ((10.82.090)) 10.01.090.14
Sec. 28. RCW 6.17.020 and 2022 c 260 s 5 are each amended to 15
read as follows: 16
(1) Except as provided in subsections (2), (3), and (4) of this 17
section, the party in whose favor a judgment of a court has been or 18
may be filed or rendered, or the assignee or the current holder 19
thereof, may have an execution, garnishment, or other legal process 20
issued for the collection or enforcement of the judgment at any time 21
within 10 years from entry of the judgment or the filing of the 22
judgment in this state. 23
(2) After July 23, 1989, a party who obtains a judgment or order 24
of a court or an administrative order entered as defined in RCW 25
74.20A.020(6) for accrued child support, or the assignee or the 26
current holder thereof, may have an execution, garnishment, or other 27
legal process issued upon that judgment or order at any time within 28
10 years of the 18th birthday of the youngest child named in the 29
order for whom support is ordered. 30
(3) After June 9, 1994, a party in whose favor a judgment has 31
been filed as a foreign judgment or rendered pursuant to subsection 32
(1) or (4) of this section, or the assignee or the current holder 33
thereof, may, within 90 days before the expiration of the original 34
10-year period, apply to the court that rendered the judgment or to 35
the court where the judgment was filed as a foreign judgment for an 36
order granting an additional 10 years during which an execution, 37
garnishment, or other legal process may be issued. If a district 38
court judgment of this state is transcribed to a superior court of 39
p. 47 HB 1499
this state, the original district court judgment shall not be 1
extended and any petition under this section to extend the judgment 2
that has been transcribed to superior court shall be filed in the 3
superior court within 90 days before the expiration of the 10-year 4
period of the date the transcript of the district court judgment was 5
filed in the superior court of this state. The petitioner shall pay 6
to the court a filing fee equal to the filing fee for filing the 7
first or initial paper in a civil action in the court, except in the 8
case of district court judgments transcribed to superior court, where 9
the filing fee shall be the fee for filing the first or initial paper 10
in a civil action in the superior court where the judgment was 11
transcribed. The order granting the application shall contain an 12
updated judgment summary as provided in RCW 4.64.030. The filing fee 13
required under this subsection shall be included in the judgment 14
summary and shall be a recoverable cost. The application shall be 15
granted as a matter of right, subject to review only for timeliness, 16
factual issues of full or partial satisfaction, or errors in 17
calculating the judgment summary amounts. 18
(4)(a) A party who obtains a judgment or order for restitution 19
pursuant to a criminal judgment and sentence, or the assignee or the 20
current holder thereof, may execute, garnish, and/or have legal 21
process issued upon the judgment or order any time within 10 years 22
subsequent to the entry of the judgment and sentence or 10 years 23
following the offender's release from total confinement as provided 24
in chapter 9.94A RCW. The clerk of (([the])) the superior court, or a 25
party designated by the clerk, may seek extension under subsection 26
(3) of this section for purposes of collection as allowed under RCW 27
36.18.190, provided that no filing fee shall be required.28
(b) A party who obtains a judgment or order for court-ordered 29
legal financial obligations other than restitution, pursuant to a 30
criminal judgment and sentence, or the assignee or the current holder 31
thereof, may execute, garnish, and have legal process issued upon the 32
judgment or order any time within 10 years subsequent to the entry of 33
the judgment and sentence or 10 years following the offender's 34
release from total confinement as provided in chapter 9.94A RCW. The 35
clerk of (([the])) the superior court, or a party designated by the 36
clerk, may seek extension under subsection (3) of this section for 37
purposes of collection as allowed under RCW 36.18.190, only if the 38
court finds that the offender has the current or likely future 39
ability to pay the nonrestitution legal financial obligations. A 40
p. 48 HB 1499
person does not have the current ability to pay if the person is 1
indigent as defined in ((RCW 10.01.160(3))) section 14 of this act . 2
No filing fee shall be required for filing a petition for an 3
extension pursuant to this subsection (4)(b). 4
(5) "Court" as used in this section includes but is not limited 5
to the United States supreme court, the United States courts of 6
appeals, the United States district courts, the United States 7
bankruptcy courts, the Washington state supreme court, the court of 8
appeals of the state of Washington, superior courts and district 9
courts of the counties of the state of Washington, and courts of 10
other states and jurisdictions from which judgment has been filed in 11
this state under chapter 6.36 or 6.40 RCW. 12
(6) The perfection of any judgment lien and the priority of that 13
judgment lien on property as established by RCW 6.13.090 and chapter 14
4.56 RCW is not altered by the extension of the judgment pursuant to 15
the provisions of this section and the lien remains in full force and 16
effect and does not have to be rerecorded after it is extended. 17
Continued perfection of a judgment that has been transcribed to other 18
counties and perfected in those counties may be accomplished after 19
extension of the judgment by filing with the clerk of the other 20
counties where the judgment has been filed either a certified copy of 21
the order extending the judgment or a certified copy of the docket of 22
the matter where the judgment was extended. 23
(7) Except as ordered in RCW 4.16.020 (2) or (3), chapter 9.94A 24
RCW, or chapter 13.40 RCW, no judgment is enforceable for a period 25
exceeding 20 years from the date of entry in the originating court. 26
Nothing in this section may be interpreted to extend the expiration 27
date of a foreign judgment beyond the expiration date under the laws 28
of the jurisdiction where the judgment originated.29
(8) The chapter 261, Laws of 2002 amendments to this section 30
apply to all judgments currently in effect on June 13, 2002, to all 31
judgments extended after June 9, 1994, unless the judgment has been 32
satisfied, vacated, and/or quashed, and to all judgments filed or 33
rendered, or both, after June 13, 2002. 34
Sec. 29. RCW 7.68.035 and 2023 c 449 s 1 are each amended to 35
read as follows: 36
(1) Except as provided in subsection (4) of this section, when 37
any adult person is found guilty in any superior court of having 38
committed a crime, except as provided in subsection (2) of this 39
p. 49 HB 1499
section, there shall be imposed by the court upon such convicted 1
person a penalty assessment. The assessment shall be in addition to 2
any other penalty or fine imposed by law and shall be five hundred 3
dollars for each case or cause of action that includes one or more 4
convictions of a felony or gross misdemeanor and two hundred fifty 5
dollars for any case or cause of action that includes convictions of 6
only one or more misdemeanors. 7
(2) The assessment imposed by subsection (1) of this section 8
shall not apply to motor vehicle crimes defined in Title 46 RCW 9
except those defined in the following sections: RCW 46.61.520, 10
46.61.522, 46.61.024, 46.52.090, 46.70.140, 46.61.502, 46.61.504, 11
46.52.101, 46.20.410, 46.52.020, 46.10.495, 46.09.480, 46.61.5249, 12
46.61.525, 46.61.685, 46.61.530, 46.61.500, 46.61.015, 46.52.010, 13
46.44.180, 46.10.490(2), and 46.09.470(2). 14
(3) Except as provided in subsection (4) of this section, when 15
any adult person accused of having committed a crime posts bail in 16
superior court pursuant to the provisions of chapter 10.19 RCW and 17
such bail is forfeited, there shall be deducted from the proceeds of 18
such forfeited bail a penalty assessment, in addition to any other 19
penalty or fine imposed by law, equal to the assessment which would 20
be applicable under subsection (1) of this section if the person had 21
been convicted of the crime. 22
(4) The court shall not impose the penalty assessment under this 23
section if the court finds that the defendant, at the time of 24
sentencing, is indigent as defined in ((RCW 10.01.160(3))) section 14 25
of this act. 26
(5) Upon motion by a defendant, the court shall waive any crime 27
victim penalty assessment imposed prior to July 1, 2023, if:28
(a) The person was a juvenile at the time the penalty assessment 29
was imposed; or 30
(b) The person does not have the ability to pay the penalty 31
assessment. A person does not have the ability to pay if the person 32
is indigent as defined in ((RCW 10.01.160(3))) section 14 of this 33
act. 34
(6) Such penalty assessments shall be paid by the clerk of the 35
superior court to the county treasurer. Each county shall deposit one 36
hundred percent of the money it receives per case or cause of action 37
under subsection (1) of this section, not less than one and seventy-38
five one-hundredths percent of the remaining money it retains under 39
RCW 10.82.070 and the money it retains under chapter 3.62 RCW, and 40
p. 50 HB 1499
all money it receives under subsection (9) of this section into a 1
fund maintained exclusively for the support of comprehensive programs 2
to encourage and facilitate testimony by the victims of crimes and 3
witnesses to crimes. A program shall be considered "comprehensive" 4
only after approval of the department upon application by the county 5
prosecuting attorney. The department shall approve as comprehensive 6
only programs which: 7
(a) Provide comprehensive services to victims and witnesses of 8
all types of crime with particular emphasis on serious crimes against 9
persons and property. It is the intent of the legislature to make 10
funds available only to programs which do not restrict services to 11
victims or witnesses of a particular type or types of crime and that 12
such funds supplement, not supplant, existing local funding levels;13
(b) Are administered by the county prosecuting attorney either 14
directly through the prosecuting attorney's office or by contract 15
between the county and agencies providing services to victims of 16
crime; 17
(c) Make a reasonable effort to inform the known victim or his or 18
her surviving dependents of the existence of this chapter and the 19
procedure for making application for benefits; 20
(d) Assist victims in the restitution and adjudication process; 21
and 22
(e) Assist victims of violent crimes in the preparation and 23
presentation of their claims to the department of labor and 24
industries under this chapter. 25
Before a program in any county west of the Cascade mountains is 26
submitted to the department for approval, it shall be submitted for 27
review and comment to each city within the county with a population 28
of more than one hundred fifty thousand. The department will consider 29
if the county's proposed comprehensive plan meets the needs of crime 30
victims in cases adjudicated in municipal, district or superior 31
courts and of crime victims located within the city and county.32
(7) Upon submission to the department of a letter of intent to 33
adopt a comprehensive program, the prosecuting attorney shall retain 34
the money deposited by the county under subsection (6) of this 35
section until such time as the county prosecuting attorney has 36
obtained approval of a program from the department. Approval of the 37
comprehensive plan by the department must be obtained within one year 38
of the date of the letter of intent to adopt a comprehensive program. 39
The county prosecuting attorney shall not make any expenditures from 40
p. 51 HB 1499
the money deposited under subsection (6) of this section until 1
approval of a comprehensive plan by the department. If a county 2
prosecuting attorney has failed to obtain approval of a program from 3
the department under subsection (6) of this section or failed to 4
obtain approval of a comprehensive program within one year after 5
submission of a letter of intent under this section, the county 6
treasurer shall monthly transmit one hundred percent of the money 7
deposited by the county under subsection (6) of this section to the 8
state treasurer for deposit in the state general fund.9
(8) County prosecuting attorneys are responsible to make every 10
reasonable effort to insure that the penalty assessments of this 11
chapter are imposed and collected. 12
(9) Every city and town shall transmit monthly one and seventy-13
five one-hundredths percent of all money, other than money received 14
for parking infractions, retained under RCW 3.50.100 and 35.20.220 to 15
the county treasurer for deposit as provided in subsection (6) of 16
this section. 17
Sec. 30. RCW 9.92.070 and 2022 c 260 s 21 are each amended to 18
read as follows: 19
Hereafter whenever any judge of any superior court or a district 20
or municipal judge shall sentence any person to pay any fines, 21
penalties, assessments, fees, and costs, the judge may, in the 22
judge's discretion, provide that such fines, penalties, assessments, 23
fees, and costs may be paid in certain designated installments, or 24
within certain designated period or periods. If the court finds that 25
the defendant is indigent as defined in ((RCW 10.01.160(3))) section 26
14 of this act , the court shall allow for payment in certain 27
designated installments or within certain designated periods. If such 28
fines, penalties, assessments, fees, and costs shall be paid by the 29
defendant in accordance with such order no commitment or imprisonment 30
of the defendant shall be made for failure to pay such fine or costs. 31
PROVIDED, that the provisions of this section shall not apply to any 32
sentence given for the violation of any of the liquor laws of this 33
state. 34
Sec. 31. RCW 9.94A.6333 and 2023 c 449 s 8 are each amended to 35
read as follows: 36
(1) If an offender violates any condition or requirement of a 37
sentence, and the offender is not being supervised by the department, 38
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the court may modify its order of judgment and sentence and impose 1
further punishment in accordance with this section.2
(2) If an offender fails to comply with any of the nonfinancial 3
conditions or requirements of a sentence the following provisions 4
apply: 5
(a) The court, upon the motion of the state, or upon its own 6
motion, shall require the offender to show cause why the offender 7
should not be punished for the noncompliance. The court may issue a 8
summons or a warrant of arrest for the offender's appearance;9
(b) The state has the burden of showing noncompliance by a 10
preponderance of the evidence; 11
(c) If the court finds that a violation has been proved, it may 12
impose the sanctions specified in RCW 9.94A.633(1). Alternatively, 13
the court may: 14
(i) Convert a term of partial confinement to total confinement; 15
or 16
(ii) Convert community restitution obligation to total or partial 17
confinement; 18
(d) If the court finds that the violation was not willful, the 19
court may modify its previous order regarding community restitution 20
obligations; and 21
(e) If the violation involves a failure to undergo or comply with 22
a mental health status evaluation and/or outpatient mental health 23
treatment, the court shall seek a recommendation from the treatment 24
provider or proposed treatment provider. Enforcement of orders 25
concerning outpatient mental health treatment must reflect the 26
availability of treatment and must pursue the least restrictive means 27
of promoting participation in treatment. If the offender's failure to 28
receive care essential for health and safety presents a risk of 29
serious physical harm or probable harmful consequences, the civil 30
detention and commitment procedures of chapter 71.05 RCW shall be 31
considered in preference to incarceration in a local or state 32
correctional facility. 33
(3) If an offender fails to pay legal financial obligations as a 34
requirement of a sentence the following provisions apply:35
(a) The court, upon the motion of the state, or upon its own 36
motion, shall require the offender to show cause why the offender 37
should not be punished for the noncompliance. The court may issue a 38
summons or a warrant of arrest for the offender's appearance;39
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(b) The state has the burden of showing noncompliance by a 1
preponderance of the evidence; 2
(c) The court may not sanction the offender for failure to pay 3
legal financial obligations unless the court finds, after a hearing 4
and on the record, that the failure to pay is willful. A failure to 5
pay is willful if the offender has the current ability to pay but 6
refuses to do so. In determining whether the offender has the current 7
ability to pay, the court shall inquire into and consider: (i) The 8
offender's income and assets; (ii) the offender's basic living costs 9
as defined by RCW 10.101.010 and other liabilities including child 10
support and other legal financial obligations; and (iii) the 11
offender's bona fide efforts to acquire additional resources. An 12
offender who is indigent as defined in ((RCW 10.01.160(3))) section 13
14 of this act is presumed to lack the current ability to pay;14
(d) If the court determines that the offender is homeless or a 15
person who is mentally ill, as defined in RCW 71.24.025, failure to 16
pay a legal financial obligation is not willful noncompliance and 17
shall not subject the offender to penalties; 18
(e) If the court finds that a failure to pay is willful 19
noncompliance, it may impose the sanctions specified in RCW 20
9.94A.633(1); and 21
(f) If the court finds that the violation was not willful, the 22
court may, and if the court finds that the defendant is indigent as 23
defined in ((RCW 10.01.160(3))) section 14 of this act , the court 24
shall modify the terms of payment of the legal financial obligations, 25
reduce or waive nonrestitution legal financial obligations, or 26
convert nonrestitution legal financial obligations to community 27
restitution hours, if the jurisdiction operates a community 28
restitution program, at the rate of no less than the state minimum 29
wage established in RCW 49.46.020 for each hour of community 30
restitution. 31
(4) Any time served in confinement awaiting a hearing on 32
noncompliance shall be credited against any confinement ordered by 33
the court. 34
(5) Nothing in this section prohibits the filing of escape 35
charges if appropriate. 36
Sec. 32. RCW 9.94B.040 and 2023 c 449 s 10 are each amended to 37
read as follows: 38
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(1) If an offender violates any condition or requirement of a 1
sentence, the court may modify its order of judgment and sentence and 2
impose further punishment in accordance with this section.3
(2) In cases where conditions from a second or later sentence of 4
community supervision begin prior to the term of the second or later 5
sentence, the court shall treat a violation of such conditions as a 6
violation of the sentence of community supervision currently being 7
served. 8
(3) If an offender fails to comply with any of the nonfinancial 9
requirements or conditions of a sentence the following provisions 10
apply: 11
(a)(i) Following the violation, if the offender and the 12
department make a stipulated agreement, the department may impose 13
sanctions such as work release, home detention with electronic 14
monitoring, work crew, community restitution, inpatient treatment, 15
daily reporting, curfew, educational or counseling sessions, 16
supervision enhanced through electronic monitoring, jail time, or 17
other sanctions available in the community. 18
(ii) Within 72 hours of signing the stipulated agreement, the 19
department shall submit a report to the court and the prosecuting 20
attorney outlining the violation or violations, and sanctions 21
imposed. Within 15 days of receipt of the report, if the court is not 22
satisfied with the sanctions, the court may schedule a hearing and 23
may modify the department's sanctions. If this occurs, the offender 24
may withdraw from the stipulated agreement. 25
(iii) If the offender fails to comply with the sanction 26
administratively imposed by the department, the court may take action 27
regarding the original noncompliance. Offender failure to comply with 28
the sanction administratively imposed by the department may be 29
considered an additional violation; 30
(b) In the absence of a stipulated agreement, or where the court 31
is not satisfied with the department's sanctions as provided in (a) 32
of this subsection, the court, upon the motion of the state, or upon 33
its own motion, shall require the offender to show cause why the 34
offender should not be punished for the noncompliance. The court may 35
issue a summons or a warrant of arrest for the offender's appearance;36
(c) The state has the burden of showing noncompliance by a 37
preponderance of the evidence. If the court finds that the violation 38
has occurred, it may order the offender to be confined for a period 39
not to exceed 60 days for each violation, and may (i) convert a term 40
p. 55 HB 1499
of partial confinement to total confinement, (ii) convert community 1
restitution obligation to total or partial confinement, or (iii) 2
order one or more of the penalties authorized in (a)(i) of this 3
subsection. Any time served in confinement awaiting a hearing on 4
noncompliance shall be credited against any confinement order by the 5
court; 6
(d) If the court finds that the violation was not willful, the 7
court may modify its previous order regarding community restitution 8
obligations; and 9
(e) If the violation involves a failure to undergo or comply with 10
mental status evaluation and/or outpatient mental health treatment, 11
the community corrections officer shall consult with the treatment 12
provider or proposed treatment provider. Enforcement of orders 13
concerning outpatient mental health treatment must reflect the 14
availability of treatment and must pursue the least restrictive means 15
of promoting participation in treatment. If the offender's failure to 16
receive care essential for health and safety presents a risk of 17
serious physical harm or probable harmful consequences, the civil 18
detention and commitment procedures of chapter 71.05 RCW shall be 19
considered in preference to incarceration in a local or state 20
correctional facility. 21
(4) If the violation involves failure to pay legal financial 22
obligations, the following provisions apply: 23
(a) The department and the offender may enter into a stipulated 24
agreement that the failure to pay was willful noncompliance, 25
according to the provisions and requirements of subsection (3)(a) of 26
this section; 27
(b) In the absence of a stipulated agreement, or where the court 28
is not satisfied with the department's sanctions as provided in a 29
stipulated agreement under (a) of this subsection, the court, upon 30
the motion of the state, or upon its own motion, shall require the 31
offender to show cause why the offender should not be punished for 32
the noncompliance. The court may issue a summons or a warrant of 33
arrest for the offender's appearance; 34
(c) The state has the burden of showing noncompliance by a 35
preponderance of the evidence. The court may not sanction the 36
offender for failure to pay legal financial obligations unless the 37
court finds, after a hearing and on the record, that the failure to 38
pay is willful. A failure to pay is willful if the offender has the 39
current ability to pay but refuses to do so. In determining whether 40
p. 56 HB 1499
the offender has the current ability to pay, the court shall inquire 1
into and consider: (i) The offender's income and assets; (ii) the 2
offender's basic living costs as defined by RCW 10.101.010 and other 3
liabilities including child support and other legal financial 4
obligations; and (iii) the offender's bona fide efforts to acquire 5
additional resources. An offender who is indigent as defined in ((RCW 6
10.01.160(3))) section 14 of this act is presumed to lack the current 7
ability to pay; 8
(d) If the court determines that the offender is homeless or a 9
person who is mentally ill, as defined in RCW 71.24.025, failure to 10
pay a legal financial obligation is not willful noncompliance and 11
shall not subject the offender to penalties; 12
(e) If the court finds that the failure to pay is willful 13
noncompliance, the court may order the offender to be confined for a 14
period not to exceed 60 days for each violation or order one or more 15
of the penalties authorized in subsection (3)(a)(i) of this section; 16
and 17
(f) If the court finds that the violation was not willful, the 18
court may, and if the court finds that the defendant is indigent as 19
defined in ((RCW 10.01.160(3))) section 14 of this act , the court 20
shall modify the terms of payment of the legal financial obligations, 21
reduce or waive nonrestitution legal financial obligations, or 22
convert nonrestitution legal financial obligations to community 23
restitution hours, if the jurisdiction operates a community 24
restitution program, at the rate of no less than the state minimum 25
wage established in RCW 49.46.020 for each hour of community 26
restitution. 27
(5) The community corrections officer may obtain information from 28
the offender's mental health treatment provider on the offender's 29
status with respect to evaluation, application for services, 30
registration for services, and compliance with the supervision plan, 31
without the offender's consent, as described under RCW 71.05.630.32
(6) An offender under community placement or community 33
supervision who is civilly detained under chapter 71.05 RCW, and 34
subsequently discharged or conditionally released to the community, 35
shall be under the supervision of the department of corrections for 36
the duration of his or her period of community placement or community 37
supervision. During any period of inpatient mental health treatment 38
that falls within the period of community placement or community 39
supervision, the inpatient treatment provider and the supervising 40
p. 57 HB 1499
community corrections officer shall notify each other about the 1
offender's discharge, release, and legal status, and shall share 2
other relevant information. 3
(7) Nothing in this section prohibits the filing of escape 4
charges if appropriate. 5
Sec. 33. RCW 10.01.090 and 2019 c 211 s 4 are each amended to 6
read as follows: 7
(1) An entity convicted of an offense may be ordered to pay legal 8
financial obligations, including restitution, crime victims' 9
assessments, costs, fines, penalties, and other assessments 10
authorized or required by law. Legal financial obligations imposed 11
upon an entity shall be entered and docketed by the clerk, or 12
district or municipal court as a judgment against the entity, and it 13
shall be of the same force and effect and be enforced against such 14
entity in the same manner as a judgment in a civil action. 15
Notwithstanding any other provisions pertaining to legal financial 16
obligations, all legal financial obligations imposed in a judgment 17
against an entity under this section bear interest from the date of 18
the judgment until payment at the rate applicable to civil judgments 19
under RCW 4.56.110. When an entity is ordered to pay restitution, 20
payments to the clerk must be distributed to restitution prior to all 21
other obligations. 22
(2) Except as otherwise provided under subsection (1) of this 23
section, payments on legal financial obligations must be collected 24
and distributed according to the requirements under RCW 3.50.100, 25
3.62.020, 3.62.040, 9.92.070, 9.94A.760, ((10.01.160,)) 10.01.170, 26
10.01.180, ((10.46.190, 10.64.015, 10.73.160, 10.82.090,)) 35.20.220, 27
and any other sections applicable to legal financial obligations 28
imposed as a result of a criminal conviction. 29
(3) For the purposes of this section, "entity" has the same 30
meaning as provided in RCW 9A.08.030. 31
Sec. 34. RCW 10.01.180 and 2023 c 449 s 12 are each amended to 32
read as follows: 33
(1) A defendant sentenced to pay any fine, penalty, assessment, 34
fee, or costs who willfully defaults in the payment thereof or of any 35
installment is in contempt of court as provided in chapter 7.21 RCW. 36
The court may issue a warrant of arrest for his or her appearance.37
p. 58 HB 1499
(2) When any fine, penalty, assessment, fee, or assessment of 1
costs is imposed on a corporation or unincorporated association, it 2
is the duty of the person authorized to make disbursement from the 3
assets of the corporation or association to pay the obligation from 4
those assets, and his or her failure to do so may be held to be 5
contempt. 6
(3)(a) The court shall not sanction a defendant for contempt 7
based on failure to pay fines, penalties, assessments, fees, or costs 8
unless the court finds, after a hearing and on the record, that the 9
failure to pay is willful. A failure to pay is willful if the 10
defendant has the current ability to pay but refuses to do so.11
(b) In determining whether the defendant has the current ability 12
to pay, the court shall inquire into and consider: (i) The 13
defendant's income and assets; (ii) the defendant's basic living 14
costs as defined by RCW 10.101.010 and other liabilities including 15
child support and other legal financial obligations; and (iii) the 16
defendant's bona fide efforts to acquire additional resources. A 17
defendant who is indigent as defined in ((RCW 10.01.160(3))) section 18
14 of this act is presumed to lack the current ability to pay.19
(c) If the court determines that the defendant is homeless or a 20
person who is mentally ill, as defined in RCW 71.24.025, failure to 21
pay a legal financial obligation is not willful contempt and shall 22
not subject the defendant to penalties. 23
(4) If a term of imprisonment for contempt for nonpayment of any 24
fine, penalty, assessment, fee, or costs is ordered, the term of 25
imprisonment shall be set forth in the commitment order, and shall 26
not exceed one day for each $25 of the amount ordered, 30 days if the 27
amount ordered of costs was imposed upon conviction of a violation or 28
misdemeanor, or one year in any other case, whichever is the shorter 29
period. A person committed for nonpayment of any fine, penalty, 30
assessment, fee, or costs shall be given credit toward payment for 31
each day of imprisonment at the rate specified in the commitment 32
order. 33
(5) If it appears to the satisfaction of the court that the 34
default in the payment of any fine, penalty, assessment, fee, or 35
costs is not willful contempt, the court may, and if the defendant is 36
indigent as defined in ((RCW 10.01.160(3))) section 14 of this act , 37
the court shall enter an order: (a) Allowing the defendant additional 38
time for payment; (b) reducing the amount thereof or of each 39
installment; (c) revoking the fine, penalty, assessment, fee, or 40
p. 59 HB 1499
costs or the unpaid portion thereof in whole or in part; or (d) 1
converting the unpaid fine, penalty, assessment, fee, or costs to 2
community restitution hours, if the jurisdiction operates a community 3
restitution program, at the rate of no less than the state minimum 4
wage established in RCW 49.46.020 for each hour of community 5
restitution. 6
(6) A default in the payment of any fine, penalty, assessment, 7
fee, or costs or any installment thereof may be collected by any 8
means authorized by law for the enforcement of a judgment. The levy 9
of execution for the collection of any fine, penalty, assessment, 10
fee, or costs shall not discharge a defendant committed to 11
imprisonment for contempt until the amount has actually been 12
collected. 13
Sec. 35. RCW 10.01.185 and 2022 c 260 s 8 are each amended to 14
read as follows: 15
A defendant who has been ordered to pay fines and who has not 16
willfully failed to pay the obligation, as described in RCW 17
9.94A.6333, 9.94B.040, and 10.01.180, may at any time petition the 18
sentencing court for remission of the payment of fines or of any 19
unpaid portion thereof. If it appears to the satisfaction of the 20
court that payment of the amount due will impose manifest hardship on 21
the defendant or the defendant's immediate family, the court may 22
remit all or part of the amount due in fines, modify the method of 23
payment under RCW 10.01.170, or convert the unpaid amounts to 24
community restitution hours, if the jurisdiction operates a community 25
restitution program, at the rate of no less than the state minimum 26
wage established in RCW 49.46.020 for each hour of community 27
restitution. Manifest hardship exists where the defendant is indigent 28
as defined in ((RCW 10.01.160(3))) section 14 of this act.29
Sec. 36. RCW 43.79.505 and 2022 c 297 s 956 are each amended to 30
read as follows: 31
The judicial stabilization trust account is created within the 32
state treasury, subject to appropriation. All receipts from the 33
surcharges authorized by RCW 3.62.060(2), 12.40.020, 36.18.018(4), 34
and 36.18.020(((5))) (6) shall be deposited in this account. Moneys 35
in the account may be spent only after appropriation.36
Expenditures from the account may be used only for the support of 37
judicial branch agencies and, for the 2021-2023 fiscal biennium, for 38
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expenditures to address state and local costs related to the State v. 1
Blake decision. 2
NEW SECTION. Sec. 37. The following acts or parts of acts are 3
each repealed:4
(1) RCW 3.62.085 (Fee for conviction or plea of guilty) and 2022 5
c 260 s 16, 2018 c 269 s 16, & 2005 c 457 s 10; 6
(2) RCW 10.46.190 (Liability of convicted person for costs — Jury 7
fee) and 2022 c 260 s 20, 2018 c 269 s 9, 2005 c 457 s 12, 1977 ex.s. 8
c 248 s 1, 1977 ex.s. c 53 s 1, 1961 c 304 s 8, Code 1881 s 2105, & 9
1869 p 418 s 3; 10
(3) RCW 10.73.160 (Court fees and costs) and 2022 c 260 s 10, 11
2018 c 269 s 12, 2015 c 265 s 22, & 1995 c 275 s 3;12
(4) RCW 10.82.090 (Interest on judgments — Disposition of 13
nonrestitution interest) and 2023 c 449 s 13, 2022 c 260 s 12, 2018 c 14
269 s 1, 2015 c 265 s 23, 2011 c 106 s 2, 2009 c 479 s 14, 2004 c 121 15
s 1, 1995 c 291 s 7, & 1989 c 276 s 3; and 16
(5) RCW 70.48.390 (Fee payable by person being booked) and 2003 c 17
99 s 1 & 1999 c 325 s 3. 18
NEW SECTION. Sec. 38. Sections 16 and 18 of this act expire 19
January 1, 2026.20
NEW SECTION. Sec. 39. Sections 17 and 19 of this act take 21
effect January 1, 2026.22
--- END ---
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