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2012
SESSION LAWSOF THE
STATE OF WASHINGTON
REGULAR SESSIONSIXTY-SECOND LEGISLATURE
Convened January 9, 2012. Adjourned March 8, 2012.
FIRST SPECIAL SESSIONSIXTY-SECOND LEGISLATURE
Convened March 12, 2012. Adjourned April 10, 2012.
SECOND SPECIAL SESSIONSIXTY-SECOND LEGISLATURE
Convened April 11, 2012. Adjourned April 11, 2012.
Published at Olympia by the Statute Law Committee under Chapter
44.20 RCW.
K. KYLE THIESSENCode Reviser
http://www.leg.wa.gov/codereviser
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WASHINGTON SESSION LAWSGENERAL INFORMATION
[ ii ]
1. EDITIONS AVALIABLE.(a) General Information. The session laws
are printed in a permanent softbound edi-
tion containing the accumulation of all laws adopted in the
legislative session. Theedition contains a subject index and tables
indicating Revised Code of Washingtonsections affected.
(b) Where and how obtained - price. The permanent session laws
may be orderedfrom the Statute Law Committee, Pritchard Building,
P.O. Box 40552, Olympia,Washington 98504-0552. The edition costs
$25.00 per set plus applicable stateand local sales taxes and $7.00
shipping and handling. All orders must be accom-panied by
payment.
2. PRINTING STYLE - INDICATION OF NEW OR DELETED MATTER.The
session laws are presented in the form in which they were enacted
by the legisla-ture. This style quickly and graphically portrays
the current changes to existing law as follows:(a) In amendatory
sections
(i) underlined matter is new matter.(ii) deleted matter is
((lined out and bracketed between double parentheses)).
(b) Complete new sections are prefaced by the words NEW
SECTION.3. PARTIAL VETOES.
(a) Vetoed matter is printed in bold italics.(b) Pertinent
excerpts of the governor’s explanation of partial vetoes are
printed at the
end of the chapter concerned.4. EDITORIAL CORRECTIONS. Words and
clauses inserted in the session laws under
the authority of RCW 44.20.060 are enclosed in [brackets].5.
EFFECTIVE DATE OF LAWS.
(a)The state Constitution provides that unless otherwise
qualified, the laws of anysession take effect ninety days after
adjournment sine die. The Secretary of Statehas determined the
effective date for the Laws of the 2012 regular session to be
thefirst moment of June 7, 2012. The effective date for the Laws of
the 2012 first spe-cial special session is July 10, 2012. The
effective date for the Laws of the 2012second special special
session is July 11, 2012.
(b) Laws that carry an emergency clause take effect immediately,
or as otherwisespecified, upon approval by the Governor.
(c) Laws that prescribe an effective date take effect upon that
date.6. INDEX AND TABLES.
A cumulative index and tables of all 2012 laws may be found at
the back of the final volume.
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TABLE OF CONTENTS
ChapterNo.
BillNo. Subject Page
[ iii ]
2012 SESSION
177 SSB 6240 Juveniles—Orders of disposition . . . . . . . . . .
. . . . . . . . . . . . 1265178 E2SHB 2337 K-12 education—Openly
licensed courseware . . . . . . . . . . . 1279179 ESHB 2347 Spring
blade knives—Possession. . . . . . . . . . . . . . . . . . . . . .
1281180 SHB 2357 Sales and use tax—Chemical dependency, mental
health
treatment, therapeutic courts . . . . . . . . . . . . . . . . .
. . . . 1283181 ESHB 2366 Suicide assessment, treatment, and
management. . . . . . . . . . 1285182 SHB 2389 Economic and revenue
forecasts—Submission dates . . . . . . 1288183 2SHB 2443 Driving
under the influence . . . . . . . . . . . . . . . . . . . . . . . .
. . 1289184 ESHB 2582 Health care facilities—Billing practices. . .
. . . . . . . . . . . . . . 1315185 ESHB 2614 Homeowners in
crisis—Assistance . . . . . . . . . . . . . . . . . . . . 1316186
SHB 2617 School districts—Financial insolvency . . . . . . . . . .
. . . . . . . 1345187 EHB 2620 State investment of funds in
accounts . . . . . . . . . . . . . . . . . . 1364188 2SSB 5355
Public agencies—Special meetings . . . . . . . . . . . . . . . . .
. . . 1374189 E2SSB 5539 Motion picture competitiveness . . . . . .
. . . . . . . . . . . . . . . . . 1376190 ESB 5661 Derelict fishing
gear . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. 1382191 SSB 5995 Urban growth area boundaries—Industrial land . .
. . . . . . . . 1383192 SSB 6105 Prescription monitoring program .
. . . . . . . . . . . . . . . . . . . . . 1388193 2SSB 6140 Local
economic development financing. . . . . . . . . . . . . . . . .
1390194 SSB 6277 Property tax exemption—Multiple-unit
dwellings—Urban
centers . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . 1401195 ESSB 6355 Associate development
organizations . . . . . . . . . . . . . . . . . . 1410196 SSB 6359
Office of regulatory assistance . . . . . . . . . . . . . . . . . .
. . . . . . 1416197 SB 6545 Developmental disabilities endowment .
. . . . . . . . . . . . . . . . 1431198 SSB 6581 Accounts and
funds—Elimination . . . . . . . . . . . . . . . . . . . . . 1433199
ESB 6608 Judicial stablization trust account surcharges . . . . . .
. . . . . . 1458200 EHB 1398 Low-income housing—Impact fees . . . .
. . . . . . . . . . . . . . . . 1461201 SHB 1775 Juvenile
restorative justice programs . . . . . . . . . . . . . . . . . . .
1463202 HB 2210 School board candidates—Contribution limits . . . .
. . . . . . . 1471203 SHB 2261 Charitable donations—Eye glasses and
hearing instruments. 1474204 SHB 2263 Child welfare
system—Reinvesting savings . . . . . . . . . . . . . 1475205 E2SHB
2264 Child welfare system—Performance-based contracting . . . .
1477206 SHB 2360 Cemetery authorities and funeral
establishments—
Deposits and investments. . . . . . . . . . . . . . . . . . . .
. . . . 1490207 HB 2420 Insurance commissioner—Direct practices
report . . . . . . . . . 1493208 ESHB 2473 Certified nursing
assistants—Medication assistant
endorsement . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . 1494209 HB 2485 School districts—Electronic
warrants . . . . . . . . . . . . . . . . . . 1500210 SHB 2492 State
board of education—Fiscal impact statements . . . . . . . 1501211
HB 2523 Insurers and insurance products . . . . . . . . . . . . . .
. . . . . . . . . 1503212 ESHB 1627 Boundary review
boards—Annexation . . . . . . . . . . . . . . . . . 1541213 SHB
2194 Manufactured/mobile home landlord tenant act. . . . . . . . .
. . 1543214 ESHB 2197 Uniform commercial code . . . . . . . . . . .
. . . . . . . . . . . . . . . . 1550215 SHB 2239 Social purpose
corporations . . . . . . . . . . . . . . . . . . . . . . . . . .
1656216 HB 2293 Nonprofit miscellaneous and mutual corporations. .
. . . . . . . 1667217 EHB 2262 Workfirst and child care
programs—Expenditures . . . . . . . . 1669
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TABLE OF CONTENTS
ChapterNo.
BillNo. Subject Page
[ iv ]
218 HB 2305 Public improvements—Contracts with community service
organizations . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . 1671
219 SHB 2326 Solid fuel burning devices—Air quality. . . . . . .
. . . . . . . . . . 1672220 HB 2346 Correctional officers—Purchase
of uniforms. . . . . . . . . . . . . 1676221 HB 2356 Agricultural
fairs—Health and safety improvements—
Capital funding. . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . 1680222 ESHB 2361 Public
records—Exemptions—Usage-based automobile
insurance . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 1681223 ESHB 2363 Domestic violence and
harassment—Victims . . . . . . . . . . . . 1684224 2SHB 2452 State
procurement of goods and services . . . . . . . . . . . . . . . .
1690225 HB 2482 Innovation partnership zones . . . . . . . . . . .
. . . . . . . . . . . . . . 1706226 HB 2499 Political
advertising—Disclosure . . . . . . . . . . . . . . . . . . . . . .
1712227 SHB 2259 Higher education—Reporting requirements. . . . . .
. . . . . . . . 1713228 SHB 2313 Higher education—Boards of
trustees or regents—Meeting
requirements. . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . 1714229 PV E2SHB 2483 Higher education coordination
. . . . . . . . . . . . . . . . . . . . . . . . 1717230 PV 3SHB
2585 Higher education—Efficiencies . . . . . . . . . . . . . . . .
. . . . . . . 1846231 SSB 6468 State research
universities—Investment policies . . . . . . . . . . 1855232 E2SHB
2536 Children and juvenile services—Evidence-based practices . .
1856233 PV ESHB 2570 Metal property theft . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . 1860234 ESHB 2571 Medical
services—Waste, fraud, abuse . . . . . . . . . . . . . . . . .
1863235 SHB 2640 Housing trust fund—Cost-effectiveness. . . . . . .
. . . . . . . . . . 1865236 EHB 2771 State retirement
systems—Employer/employee
relationships . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 1867237 HB 2803 Incarcerated offenders—Medical
services . . . . . . . . . . . . . . . 1896238 2SSB 5343 Anaerobic
digesters—Air emissions . . . . . . . . . . . . . . . . . . .
1899239 SB 5365 Retirement pension coverage—Volunteer firefighters
and
reserve officers . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . 1900240 SB 5950 Towns—Nonstate pension plans . . .
. . . . . . . . . . . . . . . . . . . 1900241 PV ESSB 5978 Medicaid
fraud . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . 1901242 SSB 5982 Joint center for aerospace technology
and innovation . . . . . . 1920243 SSB 5997 Olympic natural
resources center . . . . . . . . . . . . . . . . . . . . . .
1923244 SSB 6002 School construction assistance formula . . . . . .
. . . . . . . . . . . 1924245 SSB 6038 School construction
assistance—Rules . . . . . . . . . . . . . . . . . 1928246 SSB 6044
Public utility districts—Water—Pumped storage generating
facility . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . 1929247 SB 6082 Agricultural resource
lands—Preservation and
conservation . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . 1929248 SB 6134 Department of fish and
wildlife—Service credit transfer . . . 1930249 PV SB 6159 Business
and occupation tax—Deduction—Dispute
resolution services . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . 1932250 SSB 6187 Claims governmental health care
providers . . . . . . . . . . . . . . 1933251 SSB 6226 Subsidized
child care—Authorization periods. . . . . . . . . . . . 1936252 PV
2SSB 6263 Marine management planning . . . . . . . . . . . . . . .
. . . . . . . . . 1937253 SSB 6386 Public assistance—Fraud . . . .
. . . . . . . . . . . . . . . . . . . . . . . . 1944254 SSB 6414
Electric generation project or conservation resource—
Review process . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . 1947255 PV ESSB 6486 Collective bargaining—State
universities—Postdoctoral
researchers . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 1948
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TABLE OF CONTENTS
ChapterNo.
BillNo. Subject Page
[ v ]
256 SSB 6492 Competency to stand trial. . . . . . . . . . . . .
. . . . . . . . . . . . . . . 1949257 SSB 6493 Sexually violent
predator civil commitment cases. . . . . . . . . 1959258 PV SSB
6508 Department of social and health services—Overpayment
recoveries—Waiver . . . . . . . . . . . . . . . . . . . . . . .
. . . . . 1969259 ESSB 6555 Child protective services . . . . . . .
. . . . . . . . . . . . . . . . . . . . . 1970260 SSB 6574 Stadium
and exhibition centers—Admissions taxes . . . . . . . 1988261 E2SHB
2373 Recreational resources—State management . . . . . . . . . . .
. . 1990262 SSB 6387 State parks, recreation, natural
resources—Fiscal matters. . . 1999
2012 FIRST SPECIAL SESSION
1 PV 2ESSB 6406 Natural resource management . . . . . . . . . .
. . . . . . . . . . . . . . 20012 SHB 2491 Unemployment experience
rating—Predecessor-successor
relationships . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 20433 SHB 2590 Pollution liability insurance
program. . . . . . . . . . . . . . . . . . . 20454 SHB 2828 Child
care services—Establishment and enforcement . . . . . . 20485 PV HB
2834 Local government—Reporting requirements . . . . . . . . . . .
. . 20506 2E2SSB 6204 Community supervision . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . 20547 2ESB 6378 State
retirement—New members . . . . . . . . . . . . . . . . . . . . . .
20678 SSB 6636 Balanced state budget. . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . 20789 HB 2822 Local sales and use tax
account—Deposits and
distributions . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . 208310 HB 2824 Education funding . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . 2084
2012 SECOND SPECIAL SESSION
1 ESB 5127 State general obligation bonds . . . . . . . . . . .
. . . . . . . . . . . . . 20932 PV ESB 6074 Supplemental capital
budget . . . . . . . . . . . . . . . . . . . . . . . . . 21263 ESSB
5940 School employee benefits. . . . . . . . . . . . . . . . . . .
. . . . . . . . . 21744 3E2SHB 2565 Roll-your-own cigarettes . . .
. . . . . . . . . . . . . . . . . . . . . . . . . 21835 ESHB 2823
State general fund—Revenue redirection. . . . . . . . . . . . . . .
. 21916 ESB 6635 Tax preferences and license fees . . . . . . . . .
. . . . . . . . . . . . . 21967 PV 3ESHB 2127 Supplemental
operating budget . . . . . . . . . . . . . . . . . . . . . . .
2225
STATE MEASURES
PROPOSED CONSTITUTIONAL AMENDMENTSSENATE JOINT RESOLUTION 8223 .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . 2429ENGROSSED SENATE JOINT RESOLUTION 8221 . . . . . . . . .
. . . . . . . . . . . . . . . . 2429
INDEX AND TABLES
TABLESBILL NO. TO CHAPTER NO. . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . 2433RCW
SECTIONS AFFECTED BY 2012 STATUTES. . . . . . . . . . . . . . . . .
. . . . . . . . . 2437UNCODIFIED SESSION LAW SECTIONS AFFECTED BY
2012 STATUTES . . . . 2459
SUBJECT INDEX OF 2012 STATUTES . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . 2463HISTORY OF
STATE MEASURES. . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . 2503
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WASHINGTON LAWS, 2012 Ch. 177
[ 1265 ]
CHAPTER 177[Substitute Senate Bill 6240]
JUVENILES—ORDERS OF DISPOSITION177 AN ACT Relating to orders of
disposition for juveniles; amending RCW 13.40.127 and13.40.180; and
reenacting and amending RCW 13.50.050 and 13.40.0357.
Be it enacted by the Legislature of the State of Washington:
Sec. 1. RCW 13.40.127 and 2009 c 236 s 1 are each amended to read
as
follows:(1) A juvenile is eligible for deferred disposition
unless he or she:(a) Is charged with a sex or violent offense;(b)
Has a criminal history which includes any felony;(c) Has a prior
deferred disposition or deferred adjudication; or(d) Has two or
more adjudications.(2) The juvenile court may, upon motion at least
fourteen days before
commencement of trial and, after consulting the juvenile's
custodial parent orparents or guardian and with the consent of the
juvenile, continue the case fordisposition for a period not to
exceed one year from the date the juvenile isfound guilty. The
court shall consider whether the offender and the communitywill
benefit from a deferred disposition before deferring the
disposition. Thecourt may waive the fourteen-day period anytime
before the commencement oftrial for good cause.
(3) Any juvenile who agrees to a deferral of disposition
shall:(a) Stipulate to the admissibility of the facts contained in
the written police
report;(b) Acknowledge that the report will be entered and used
to support a
finding of guilt and to impose a disposition if the juvenile
fails to comply withterms of supervision; ((and))
(c) Waive the following rights to: (i) A speedy disposition; and
(ii) call andconfront witnesses; and
(d) Acknowledge the direct consequences of being found guilty
and thedirect consequences that will happen if an order of
disposition is entered.
The adjudicatory hearing shall be limited to a reading of the
court's record.(4) Following the stipulation, acknowledgment,
waiver, and entry of a
finding or plea of guilt, the court shall defer entry of an
order of disposition ofthe juvenile.
(5) Any juvenile granted a deferral of disposition under this
section shall beplaced under community supervision. The court may
impose any conditions ofsupervision that it deems appropriate
including posting a probation bond.Payment of restitution under RCW
13.40.190 shall be a condition of communitysupervision under this
section.
The court may require a juvenile offender convicted of animal
cruelty in thefirst degree to submit to a mental health evaluation
to determine if the offenderwould benefit from treatment and such
intervention would promote the safety ofthe community. After
consideration of the results of the evaluation, as acondition of
community supervision, the court may order the offender to
attendtreatment to address issues pertinent to the offense.
(6) A parent who signed for a probation bond has the right to
notify thecounselor if the juvenile fails to comply with the bond
or conditions of
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Ch. 177 WASHINGTON LAWS, 2012
[ 1266 ]
supervision. The counselor shall notify the court and surety of
any failure tocomply. A surety shall notify the court of the
juvenile's failure to comply withthe probation bond. The state
shall bear the burden to prove, by a preponderanceof the evidence,
that the juvenile has failed to comply with the terms ofcommunity
supervision.
(7) ((A juvenile's lack of compliance shall be determined by the
judge uponwritten motion by the prosecutor or the juvenile's
juvenile court communitysupervision counselor. If a juvenile fails
to comply with terms of supervision,the court shall enter an order
of disposition)) (a) Anytime prior to the conclusionof the period
of supervision, the prosecutor or the juvenile's juvenile
courtcommunity supervision counselor may file a motion with the
court requestingthe court revoke the deferred disposition based on
the juvenile's lack ofcompliance or treat the juvenile's lack of
compliance as a violation pursuant toRCW 13.40.200.
(b) If the court finds the juvenile failed to comply with the
terms of thedeferred disposition, the court may:
(i) Revoke the deferred disposition and enter an order of
disposition; or(ii) Impose sanctions for the violation pursuant to
RCW 13.40.200.(8) At any time following deferral of disposition the
court may, following a
hearing, continue ((the case)) supervision for an additional
one-year period forgood cause.
(9)(a) At the conclusion of the period ((set forth in the order
of deferral andupon a finding by the court of full compliance with
conditions of supervisionand payment of full restitution)) of
supervision, the court shall determinewhether the juvenile is
entitled to dismissal of the deferred disposition onlywhen the
court finds:
(i) The deferred disposition has not been previously
revoked;(ii) The juvenile has completed the terms of
supervision;(iii) There are no pending motions concerning lack of
compliance pursuant
to subsection (7) of this section; and(iv) The juvenile has
either paid the full amount of restitution, or, made a
good faith effort to pay the full amount of restitution during
the period ofsupervision.
(b) If the court finds the juvenile is entitled to dismissal of
the deferreddisposition pursuant to (a) of this subsection, the
((respondent's)) juvenile'sconviction shall be vacated and the
court shall dismiss the case with prejudice,except that a
conviction under RCW 16.52.205 shall not be vacated. Whenevera case
is dismissed with restitution still owing, the court shall enter a
restitutionorder pursuant to RCW 13.40.190 for any unpaid
restitution. Jurisdiction toenforce payment and modify terms of the
restitution order shall be the same asthose set forth in RCW
13.40.190.
(c) If the court finds the juvenile is not entitled to dismissal
of the deferreddisposition pursuant to (a) of this subsection, the
court shall revoke the deferreddisposition and enter an order of
disposition. A deferred disposition shall remaina conviction unless
the case is dismissed and the conviction is vacated pursuantto (b)
of this subsection or sealed pursuant to RCW 13.50.050.
(10)(a) ((Records of deferred disposition cases vacated under
subsection (9)of this section shall be sealed no later than thirty
days after the juvenile'seighteenth birthday provided that the
juvenile does not have any charges pending
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WASHINGTON LAWS, 2012 Ch. 177
[ 1267 ]
at that time. If a juvenile has already reached his or her
eighteenth birthdaybefore July 26, 2009, and does not have any
charges pending, he or she mayrequest that the court issue an order
sealing the records of his or her deferreddisposition cases vacated
under subsection (9) of this section, and this requestshall be
granted.)) (i) Any time the court vacates a conviction pursuant
tosubsection (9) of this section, if the juvenile is eighteen years
of age or older andthe full amount of restitution ordered has been
paid, the court shall enter awritten order sealing the case.
(ii) Any time the court vacates a conviction pursuant to
subsection (9) ofthis section, if the juvenile is not eighteen
years of age or older and fullrestitution ordered has been paid,
the court shall schedule an administrativesealing hearing to take
place no later than thirty days after the respondent'seighteenth
birthday, at which time the court shall enter a written order
sealing thecase. The respondent's presence at the administrative
sealing hearing is notrequired.
(iii) Any deferred disposition vacated prior to the effective
date of thissection is not subject to sealing under this
subsection.
(b) Nothing in this subsection shall preclude a juvenile from
petitioning thecourt to have the records of his or her deferred
dispositions sealed under RCW13.50.050 (11) and (12).
(((b))) (c) Records sealed under this provision shall have the
same legalstatus as records sealed under RCW 13.50.050.
Sec. 2. RCW 13.50.050 and 2011 c 338 s 4 and 2011 c 333 s 4 are
eachreenacted and amended to read as follows:
(1) This section governs records relating to the commission of
juvenileoffenses, including records relating to diversions.
(2) The official juvenile court file of any alleged or proven
juvenile offendershall be open to public inspection, unless sealed
pursuant to subsection (12) ofthis section.
(3) All records other than the official juvenile court file are
confidential andmay be released only as provided in this section,
RCW 13.50.010, 13.40.215,and 4.24.550.
(4) Except as otherwise provided in this section and RCW
13.50.010,records retained or produced by any juvenile justice or
care agency may bereleased to other participants in the juvenile
justice or care system only when aninvestigation or case involving
the juvenile in question is being pursued by theother participant
or when that other participant is assigned the responsibility
forsupervising the juvenile.
(5) Except as provided in RCW 4.24.550, information not in an
officialjuvenile court file concerning a juvenile or a juvenile's
family may be released tothe public only when that information
could not reasonably be expected toidentify the juvenile or the
juvenile's family.
(6) Notwithstanding any other provision of this chapter, the
release, to thejuvenile or his or her attorney, of law enforcement
and prosecuting attorneys'records pertaining to investigation,
diversion, and prosecution of juvenileoffenses shall be governed by
the rules of discovery and other rules of lawapplicable in adult
criminal investigations and prosecutions.
(7) Upon the decision to arrest or the arrest, law enforcement
andprosecuting attorneys may cooperate with schools in releasing
information to a
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Ch. 177 WASHINGTON LAWS, 2012
[ 1268 ]
school pertaining to the investigation, diversion, and
prosecution of a juvenileattending the school. Upon the decision to
arrest or the arrest, incident reportsmay be released unless
releasing the records would jeopardize the investigationor
prosecution or endanger witnesses. If release of incident reports
wouldjeopardize the investigation or prosecution or endanger
witnesses, lawenforcement and prosecuting attorneys may release
information to the maximumextent possible to assist schools in
protecting other students, staff, and schoolproperty.
(8) The juvenile court and the prosecutor may set up and
maintain a centralrecordkeeping system which may receive
information on all alleged juvenileoffenders against whom a
complaint has been filed pursuant to RCW 13.40.070whether or not
their cases are currently pending before the court. The
centralrecordkeeping system may be computerized. If a complaint has
been referred toa diversion unit, the diversion unit shall promptly
report to the juvenile court orthe prosecuting attorney when the
juvenile has agreed to diversion. An offenseshall not be reported
as criminal history in any central recordkeeping systemwithout
notification by the diversion unit of the date on which the
offenderagreed to diversion.
(9) Upon request of the victim of a crime or the victim's
immediate family,the identity of an alleged or proven juvenile
offender alleged or found to havecommitted a crime against the
victim and the identity of the alleged or provenjuvenile offender's
parent, guardian, or custodian and the circumstance of thealleged
or proven crime shall be released to the victim of the crime or
thevictim's immediate family.
(10) Subject to the rules of discovery applicable in adult
criminalprosecutions, the juvenile offense records of an adult
criminal defendant orwitness in an adult criminal proceeding shall
be released upon request toprosecution and defense counsel after a
charge has actually been filed. Thejuvenile offense records of any
adult convicted of a crime and placed under thesupervision of the
adult corrections system shall be released upon request to theadult
corrections system.
(11) In any case in which an information has been filed pursuant
to RCW13.40.100 or a complaint has been filed with the prosecutor
and referred fordiversion pursuant to RCW 13.40.070, the person the
subject of the informationor complaint may file a motion with the
court to have the court vacate its orderand findings, if any, and,
subject to subsection (23) of this section, order thesealing of the
official juvenile court file, the social file, and records of the
courtand of any other agency in the case.
(12)(a) The court shall not grant any motion to seal records for
class Aoffenses made pursuant to subsection (11) of this section
that is filed on or afterJuly 1, 1997, unless:
(i) Since the last date of release from confinement, including
full-timeresidential treatment, if any, or entry of disposition,
the person has spent fiveconsecutive years in the community without
committing any offense or crimethat subsequently results in an
adjudication or conviction;
(ii) No proceeding is pending against the moving party seeking
theconviction of a juvenile offense or a criminal offense;
(iii) No proceeding is pending seeking the formation of a
diversionagreement with that person;
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WASHINGTON LAWS, 2012 Ch. 177
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(iv) The person is no longer required to register as a sex
offender underRCW 9A.44.130 or has been relieved of the duty to
register under RCW9A.44.143 if the person was convicted of a sex
offense;
(v) The person has not been convicted of rape in the first
degree, rape in thesecond degree, or indecent liberties that was
actually committed with forciblecompulsion; and
(vi) Full restitution has been paid.(b) The court shall not
grant any motion to seal records for class B, C, gross
misdemeanor and misdemeanor offenses and diversions made under
subsection(11) of this section unless:
(i) Since the date of last release from confinement, including
full-timeresidential treatment, if any, entry of disposition, or
completion of the diversionagreement, the person has spent two
consecutive years in the community withoutbeing convicted of any
offense or crime;
(ii) No proceeding is pending against the moving party seeking
theconviction of a juvenile offense or a criminal offense;
(iii) No proceeding is pending seeking the formation of a
diversionagreement with that person;
(iv) The person is no longer required to register as a sex
offender underRCW 9A.44.130 or has been relieved of the duty to
register under RCW9A.44.143 if the person was convicted of a sex
offense; and
(v) Full restitution has been paid.(c) Notwithstanding the
requirements in (a) or (b) of this subsection, the
court shall grant any motion to seal records of any deferred
disposition vacatedunder RCW 13.40.127(9) prior to the effective
date of this section if restitutionhas been paid and the person is
eighteen years of age or older at the time of themotion.
(13) The person making a motion pursuant to subsection (11) of
this sectionshall give reasonable notice of the motion to the
prosecution and to any personor agency whose files are sought to be
sealed.
(14)(a) If the court grants the motion to seal made pursuant to
subsection(11) of this section, it shall, subject to subsection
(23) of this section, ordersealed the official juvenile court file,
the social file, and other records relating tothe case as are named
in the order. Thereafter, the proceedings in the case shallbe
treated as if they never occurred, and the subject of the records
may replyaccordingly to any inquiry about the events, records of
which are sealed. Anyagency shall reply to any inquiry concerning
confidential or sealed records thatrecords are confidential, and no
information can be given about the existence ornonexistence of
records concerning an individual.
(b) In the event the subject of the juvenile records receives a
full andunconditional pardon, the proceedings in the matter upon
which the pardon hasbeen granted shall be treated as if they never
occurred, and the subject of therecords may reply accordingly to
any inquiry about the events upon which thepardon was received. Any
agency shall reply to any inquiry concerning therecords pertaining
to the events for which the subject received a pardon thatrecords
are confidential, and no information can be given about the
existence ornonexistence of records concerning an individual.
(15) Inspection of the files and records included in the order
to seal maythereafter be permitted only by order of the court upon
motion made by the
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Ch. 177 WASHINGTON LAWS, 2012
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person who is the subject of the information or complaint,
except as otherwiseprovided in RCW 13.50.010(8) and subsection (23)
of this section.
(16) Any adjudication of a juvenile offense or a crime
subsequent to sealinghas the effect of nullifying the sealing
order. Any charging of an adult felonysubsequent to the sealing has
the effect of nullifying the sealing order for thepurposes of
chapter 9.94A RCW. The administrative office of the courts
shallensure that the superior court judicial information system
provides prosecutorsaccess to information on the existence of
sealed juvenile records.
(17)(a)(i) Subject to subsection (23) of this section, all
records maintainedby any court or law enforcement agency, including
the juvenile court, local lawenforcement, the Washington state
patrol, and the prosecutor's office, shall beautomatically
destroyed within ninety days of becoming eligible for
destruction.Juvenile records are eligible for destruction when:
(A) The person who is the subject of the information or
complaint is at leasteighteen years of age;
(B) His or her criminal history consists entirely of one
diversion agreementor counsel and release entered on or after June
12, 2008;
(C) Two years have elapsed since completion of the agreement or
counseland release;
(D) No proceeding is pending against the person seeking the
conviction of acriminal offense; and
(E) There is no restitution owing in the case.(ii) No less than
quarterly, the administrative office of the courts shall
provide a report to the juvenile courts of those individuals
whose records may beeligible for destruction. The juvenile court
shall verify eligibility and notify theWashington state patrol and
the appropriate local law enforcement agency andprosecutor's office
of the records to be destroyed. The requirement to destroyrecords
under this subsection is not dependent on a court hearing or the
issuanceof a court order to destroy records.
(iii) The state and local governments and their officers and
employees arenot liable for civil damages for the failure to
destroy records pursuant to thissection.
(b) All records maintained by any court or law enforcement
agency,including the juvenile court, local law enforcement, the
Washington state patrol,and the prosecutor's office, shall be
automatically destroyed within thirty days ofbeing notified by the
governor's office that the subject of those records receiveda full
and unconditional pardon by the governor.
(c) A person eighteen years of age or older whose criminal
history consistsentirely of one diversion agreement or counsel and
release entered prior to June12, 2008, may request that the court
order the records in his or her casedestroyed. The request shall be
granted, subject to subsection (23) of thissection, if the court
finds that two years have elapsed since completion of theagreement
or counsel and release.
(d) A person twenty-three years of age or older whose criminal
historyconsists of only referrals for diversion may request that
the court order therecords in those cases destroyed. The request
shall be granted, subject tosubsection (23) of this section, if the
court finds that all diversion agreementshave been successfully
completed and no proceeding is pending against theperson seeking
the conviction of a criminal offense.
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(18) If the court grants the motion to destroy records made
pursuant tosubsection (17)(c) or (d) of this section, it shall,
subject to subsection (23) of thissection, order the official
juvenile court file, the social file, and any other recordsnamed in
the order to be destroyed.
(19) The person making the motion pursuant to subsection (17)(c)
or (d) ofthis section shall give reasonable notice of the motion to
the prosecuting attorneyand to any agency whose records are sought
to be destroyed.
(20) Any juvenile to whom the provisions of this section may
apply shall begiven written notice of his or her rights under this
section at the time of his or herdisposition hearing or during the
diversion process.
(21) Nothing in this section may be construed to prevent a crime
victim or amember of the victim's family from divulging the
identity of the alleged orproven juvenile offender or his or her
family when necessary in a civilproceeding.
(22) Any juvenile justice or care agency may, subject to the
limitations insubsection (23) of this section and (a) and (b) of
this subsection, developprocedures for the routine destruction of
records relating to juvenile offenses anddiversions.
(a) Records may be routinely destroyed only when the person the
subject ofthe information or complaint has attained twenty-three
years of age or older orpursuant to subsection (17)(a) of this
section.
(b) The court may not routinely destroy the official juvenile
court file orrecordings or transcripts of any proceedings.
(23) Except for subsection (17)(b) of this section, no
identifying informationheld by the Washington state patrol in
accordance with chapter 43.43 RCW issubject to destruction or
sealing under this section. For the purposes of thissubsection,
identifying information includes photographs,
fingerprints,palmprints, soleprints, toeprints and any other data
that identifies a person byphysical characteristics, name,
birthdate or address, but does not includeinformation regarding
criminal activity, arrest, charging, diversion, conviction orother
information about a person's treatment by the criminal justice
system orabout the person's behavior.
(24) Information identifying child victims under age eighteen
who arevictims of sexual assaults by juvenile offenders is
confidential and not subject torelease to the press or public
without the permission of the child victim or thechild's legal
guardian. Identifying information includes the child victim's
name,addresses, location, photographs, and in cases in which the
child victim is arelative of the alleged perpetrator,
identification of the relationship between thechild and the alleged
perpetrator. Information identifying a child victim ofsexual
assault may be released to law enforcement, prosecutors, judges,
defenseattorneys, or private or governmental agencies that provide
services to the childvictim of sexual assault.
Sec. 3. RCW 13.40.180 and 2002 c 175 s 24 are each amended to
read asfollows:
(1) Where a disposition in a single disposition order is imposed
on a youthfor two or more offenses, the terms shall run
consecutively, subject to thefollowing limitations:
(((1))) (a) Where the offenses were committed through a single
act oromission, omission, or through an act or omission which in
itself constituted one
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Ch. 177 WASHINGTON LAWS, 2012
[ 1272 ]
of the offenses and also was an element of the other, the
aggregate of all theterms shall not exceed one hundred fifty
percent of the term imposed for themost serious offense;
(((2))) (b) The aggregate of all consecutive terms shall not
exceed threehundred percent of the term imposed for the most
serious offense; and
(((3))) (c) The aggregate of all consecutive terms of community
supervisionshall not exceed two years in length, or require payment
of more than twohundred dollars in fines or the performance of more
than two hundred hours ofcommunity restitution.
(2) Where disposition in separate disposition orders is imposed
on a youth,the periods of community supervision contained in
separate orders, if any, shallrun concurrently. All other terms
contained in separate disposition orders shallrun
consecutively.
Sec. 4. RCW 13.40.0357 and 2008 c 230 s 3 and 2008 c 158 s 1 are
eachreenacted and amended to read as follows:
DESCRIPTION AND OFFENSE CATEGORY
JUVENILEDISPOSITIONOFFENSECATEGORY DESCRIPTION (RCW
CITATION)
JUVENILE DISPOSITIONCATEGORY FOR
ATTEMPT, BAILJUMP,CONSPIRACY, OR
SOLICITATION
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . Arson and Malicious Mischief
A Arson 1 (9A.48.020) B+B Arson 2 (9A.48.030) CC Reckless
Burning 1 (9A.48.040) DD Reckless Burning 2 (9A.48.050) EB
Malicious Mischief 1 (9A.48.070) CC Malicious Mischief 2
(9A.48.080) DD Malicious Mischief 3 (9A.48.090(((2) (a)
and (c)))) E((E Malicious Mischief 3 (9A.48.090(2)(b)) E))E
Tampering with Fire Alarm Apparatus
(9.40.100) EE Tampering with Fire Alarm Apparatus with
Intent to Commit Arson (9.40.105) EA Possession of Incendiary
Device (9.40.120) B+
Assault and Other Crimes Involving Physical Harm
A Assault 1 (9A.36.011) B+B+ Assault 2 (9A.36.021) C+C+ Assault
3 (9A.36.031) D+D+ Assault 4 (9A.36.041) EB+ Drive-By Shooting
(9A.36.045) C+D+ Reckless Endangerment (9A.36.050) EC+ Promoting
Suicide Attempt (9A.36.060) D+D+ Coercion (9A.36.070) E
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WASHINGTON LAWS, 2012 Ch. 177
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C+ Custodial Assault (9A.36.100) D+Burglary and Trespass
B+ Burglary 1 (9A.52.020) C+B Residential Burglary (9A.52.025)
CB Burglary 2 (9A.52.030) CD Burglary Tools (Possession of)
(9A.52.060) ED Criminal Trespass 1 (9A.52.070) EE Criminal Trespass
2 (9A.52.080) EC Mineral Trespass (78.44.330) CC Vehicle Prowling 1
(9A.52.095) DD Vehicle Prowling 2 (9A.52.100) E
DrugsE Possession/Consumption of Alcohol
(66.44.270) EC Illegally Obtaining Legend Drug
(69.41.020) DC+ Sale, Delivery, Possession of Legend Drug
with Intent to Sell (69.41.030(2)(a)) D+E Possession of Legend
Drug
(69.41.030(2)(b)) EB+ Violation of Uniform Controlled
Substances
Act - Narcotic, Methamphetamine, or Flunitrazepam Sale
(69.50.401(2) (a) or (b))B+
C Violation of Uniform Controlled Substances Act - Nonnarcotic
Sale (69.50.401(2)(c)) C
E Possession of Marihuana
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Ch. 177 WASHINGTON LAWS, 2012
[ 1274 ]
C Violation of Uniform Controlled Substances Act - Possession of
a Controlled Substance (69.50.4012) CFirearms and Weapons
B Theft of Firearm (9A.56.300) CB Possession of Stolen Firearm
(9A.56.310) CE Carrying Loaded Pistol Without Permit
(9.41.050) EC Possession of Firearms by Minor (
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WASHINGTON LAWS, 2012 Ch. 177
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B+ Rape of a Child 2 (9A.44.076) C+B Incest 1 (9A.64.020(1)) CC
Incest 2 (9A.64.020(2)) DD+ Indecent Exposure (Victim
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Ch. 177 WASHINGTON LAWS, 2012
[ 1276 ]
1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C
offenses and thestandard range is established as follows:
1st escape or attempted escape during 12-month period - 4
weeksconfinement
2nd escape or attempted escape during 12-month period - 8
weeksconfinement
3rd and subsequent escape or attempted escape during 12-month
period - 12weeks confinement2If the court finds that a respondent
has violated terms of an order, it may imposea penalty of up to 30
days of confinement.
C Vehicular Assault (46.61.522) DC Attempting to Elude Pursuing
Police
Vehicle (46.61.024) DE Reckless Driving (46.61.500) ED Driving
While Under the Influence
(46.61.502 and 46.61.504) EB+ Felony Driving While Under the
Influence
(46.61.502(6)) BB+ Felony Physical Control of a Vehicle
While
Under the Influence (46.61.504(6)) BOther
B Animal Cruelty 1 (16.52.205) CB Bomb Threat (9.61.160) CC
Escape 11 (9A.76.110) CC Escape 21 (9A.76.120) CD Escape 3
(9A.76.130) EE Obscene, Harassing, Etc., Phone Calls
(9.61.230) EA Other Offense Equivalent to an Adult Class
A Felony B+B Other Offense Equivalent to an Adult Class
B Felony CC Other Offense Equivalent to an Adult Class
C Felony DD Other Offense Equivalent to an Adult Gross
Misdemeanor EE Other Offense Equivalent to an Adult
Misdemeanor EV Violation of Order of Restitution,
Community Supervision, or Confinement (13.40.200)2 V
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[ 1277 ]
JUVENILE SENTENCING STANDARDSThis schedule must be used for
juvenile offenders. The court may selectsentencing option A, B, C,
D, or RCW 13.40.167.
((OPTION AJUVENILE OFFENDER SENTENCING
GRID STANDARD RANGEA+ 180 WEEKS TO AGE 21 YEARS
A 103 WEEKS TO 129 WEEKS
A- 15-36 52-65 80-100 103-129WEEKS WEEKS WEEKS
WEEKSEXCEPT30-40WEEKS FOR15-17YEAR OLDS
Current B+ 15-36 52-65 80-100 103-129Offense WEEKS WEEKS WEEKS
WEEKSCategory
B LOCAL 52-65SANCTIONS (LS) 15-36 WEEKS WEEKS
C+ LS 15-36 WEEKS
C LS 15-36 WEEKSLocal Sanctions:0 to 30 Days
D+ LS 0 to 12 Months Community Supervision0 to 150 Hours
Community Restitution
D LS $0 to $500 Fine
E LS
0 1 2 3 4or more
PRIOR ADJUDICATIONS))
OPTION AJUVENILE OFFENDER SENTENCING GRID
STANDARD RANGE
A+ 180 weeks to age 21 for all category A+ offensesA 103-129
weeks for all category A offensesA- 15-36 weeks
Except 30-40 weeks
for 15 to 17 year olds
52-65 weeks
80-100 weeks
103-129 weeks
103-129 weeks
CURRENT B+ 15-36 weeks 15-36 weeks
52-65 weeks
80-100 weeks
103-129 weeks
OFFENSE B LS LS 15-36 weeks
15-36 weeks 52-65 weeks
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Ch. 177 WASHINGTON LAWS, 2012
[ 1278 ]
NOTE: References in the grid to days or weeks mean periods of
confinement."LS" means "local sanctions" as defined in RCW
13.40.020.
(1) The vertical axis of the grid is the current offense
category. The currentoffense category is determined by the offense
of adjudication.
(2) The horizontal axis of the grid is the number of prior
adjudicationsincluded in the juvenile's criminal history. Each
prior felony adjudication shallcount as one point. Each prior
violation, misdemeanor, and gross misdemeanoradjudication shall
count as 1/4 point. Fractional points shall be rounded down.
(3) The standard range disposition for each offense is
determined by theintersection of the column defined by the prior
adjudications and the row definedby the current offense
category.
(4) RCW 13.40.180 applies if the offender is being sentenced for
more thanone offense.
(5) A current offense that is a violation is equivalent to an
offense categoryof E. However, a disposition for a violation shall
not include confinement.
OR
OPTION BSUSPENDED DISPOSITION ALTERNATIVE
(1) If the offender is subject to a standard range disposition
involvingconfinement by the department, the court may impose the
standard range andsuspend the disposition on condition that the
offender comply with one or morelocal sanctions and any educational
or treatment requirement. The treatmentprograms provided to the
offender must be either research-based best practiceprograms as
identified by the Washington state institute for public policy or
thejoint legislative audit and review committee, or for chemical
dependencytreatment programs or services, they must be
evidence-based or research-basedbest practice programs. For the
purposes of this subsection:
(a) "Evidence-based" means a program or practice that has had
multiple siterandom controlled trials across heterogeneous
populations demonstrating thatthe program or practice is effective
for the population; and
(b) "Research-based" means a program or practice that has some
researchdemonstrating effectiveness, but that does not yet meet the
standard of evidence-based practices.
(2) If the offender fails to comply with the suspended
disposition, the courtmay impose sanctions pursuant to RCW
13.40.200 or may revoke the suspendeddisposition and order the
disposition's execution.
(3) An offender is ineligible for the suspended disposition
option under thissection if the offender is:
CATEGORY C+ LS LS LS 15-36 weeks 15-36 weeksC LS LS LS LS 15-36
weeksD+ LS LS LS LS LSD LS LS LS LS LSE LS LS LS LS LS
PRIOR ADJUDICATIONS
0 1 2 3 4 or more
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WASHINGTON LAWS, 2012 Ch. 177
[ 1279 ]
(a) Adjudicated of an A+ offense;(b) Fourteen years of age or
older and is adjudicated of one or more of the
following offenses:(i) A class A offense, or an attempt,
conspiracy, or solicitation to commit a
class A offense;(ii) Manslaughter in the first degree (RCW
9A.32.060); or(iii) Assault in the second degree (RCW 9A.36.021),
extortion in the first
degree (RCW 9A.56.120), kidnapping in the second degree (RCW
9A.40.030),robbery in the second degree (RCW 9A.56.210),
residential burglary (RCW9A.52.025), burglary in the second degree
(RCW 9A.52.030), drive-by shooting(RCW 9A.36.045), vehicular
homicide (RCW 46.61.520), hit and run death(RCW 46.52.020(4)(a)),
intimidating a witness (RCW 9A.72.110), violation ofthe uniform
controlled substances act (RCW 69.50.401 (2)(a) and (b)),
ormanslaughter 2 (RCW 9A.32.070), when the offense includes
infliction ofbodily harm upon another or when during the commission
or immediatewithdrawal from the offense the respondent was armed
with a deadly weapon;
(c) Ordered to serve a disposition for a firearm violation under
RCW13.40.193; or
(d) Adjudicated of a sex offense as defined in RCW
9.94A.030.
OR
OPTION CCHEMICAL DEPENDENCY DISPOSITION ALTERNATIVE
If the juvenile offender is subject to a standard range
disposition of localsanctions or 15 to 36 weeks of confinement and
has not committed an A- or B+offense, the court may impose a
disposition under RCW 13.40.160(4) and13.40.165.
OR
OPTION DMANIFEST INJUSTICE
If the court determines that a disposition under option A, B, or
C wouldeffectuate a manifest injustice, the court shall impose a
disposition outside thestandard range under RCW 13.40.160(2).
Passed by the Senate March 6, 2012.Passed by the House March 2,
2012.Approved by the Governor March 29, 2012.Filed in Office of
Secretary of State March 29, 2012.
177 ____________________________________
CHAPTER 178[Engrossed Second Substitute House Bill 2337]
K-12 EDUCATION—OPENLY LICENSED COURSEWARE178 AN ACT Relating to
open educational resources in K-12 education; adding a new section
tochapter 28A.300 RCW; creating a new section; and providing an
expiration date.
Be it enacted by the Legislature of the State of Washington:
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Ch. 178 WASHINGTON LAWS, 2012
[ 1280 ]
NEW SECTION. Sec. 1. The legislature finds the state's recent
adoption ofcommon core K-12 standards provides an opportunity to
develop a library ofhigh-quality, openly licensed K-12 courseware
that is aligned with thesestandards. By developing this library of
openly licensed courseware and makingit available to school
districts free of charge, the state and school districts will
beable to provide students with curricula and texts while
substantially reducing theexpenses that districts would otherwise
incur in purchasing these materials. Inaddition, this library of
openly licensed courseware will provide districts andstudents with
a broader selection of materials, and materials that are more
up-to-date.
NEW SECTION. Sec. 2. A new section is added to chapter 28A.300
RCWto read as follows:
(1)(a) Subject to availability of amounts appropriated for this
specificpurpose, the superintendent of public instruction shall
take the lead inidentifying and developing a library of openly
licensed courseware aligned withthe common core state standards and
placed under an attribution license,registered by a nonprofit or
for-profit organization with domain expertise inopen courseware,
that allows others to use, distribute, and create derivativeworks
based upon the digital material, while still allowing the authors
or creatorsto retain the copyright and to receive credit for their
efforts.
(b) During the course of identification and development of a
library ofopenly licensed courseware, the superintendent:
(i) May contract with third parties for all or part of the
development;(ii) May adopt or adapt existing high quality openly
licensed K-12
courseware aligned with the common core state standards;(iii)
May consider multiple sources of openly licensed courseware;(iv)
Must use best efforts to seek additional outside funding by
actively
partnering with private organizations;(v) Must work
collaboratively with other states that have adopted the
common core state standards and collectively share results;
and(vi) Must include input from classroom practitioners, including
teacher-
librarians as defined by RCW 28A.320.240, in the results
reported undersubsection (2)(d) of this section.
(2) The superintendent of public instruction must also:(a)
Advertise to school districts the availability of openly
licensed
courseware, with an emphasis on the fact that the courseware is
available at nocost to the districts;
(b) Identify an open courseware repository to which openly
licensedcourseware identified and developed under this section may
be submitted, inwhich openly licensed courseware may be housed, and
from which openlylicensed courseware may be easily accessed, all at
no cost to school districts;
(c) Provide professional development programs that offer
support, guidance,and instruction regarding the creation, use, and
continuous improvement of opencourseware; and
(d) Report to the governor and the education committees of the
legislatureon a biennial basis, beginning December 1, 2013, and
ending December 1, 2017,regarding identification and development of
a library of openly licensedcourseware aligned with the common core
state standards and placed under an
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WASHINGTON LAWS, 2012 Ch. 178
[ 1281 ]
attribution license, use by school districts of openly licensed
courseware, andprofessional development programs provided.
(3) School districts may, but are not required to, use any of
the openlylicensed courseware.
(4) As used in this section, "courseware" includes the course
syllabus, scopeand sequence, instructional materials, modules,
textbooks, including theteacher's edition, student guides,
supplemental materials, formative andsummative assessment supports,
research articles, research data, laboratoryactivities,
simulations, videos, open-ended inquiry activities, and any
othereducationally useful materials.
(5) The open educational resources account is created in the
custody of thestate treasurer. All receipts from funds collected
under this section must bedeposited into the account. Expenditures
from the account may be used only forthe development of openly
licensed courseware as described in this section.Only the
superintendent of public instruction or the superintendent's
designeemay authorize expenditures from the account. The account is
subject toallotment procedures under chapter 43.88 RCW, but an
appropriation is notrequired for expenditures.
(6) This section expires June 30, 2018.Passed by the House March
5, 2012.Passed by the Senate February 29, 2012.Approved by the
Governor March 29, 2012.Filed in Office of Secretary of State March
29, 2012.
178 ____________________________________
CHAPTER 179[Engrossed Substitute House Bill 2347]
SPRING BLADE KNIVES—POSSESSION179 AN ACT Relating to the
possession of spring blade knives; amending RCW 9.41.250; addinga
new section to chapter 9.41 RCW; and prescribing penalties.
Be it enacted by the Legislature of the State of Washington:
Sec. 1. RCW 9.41.250 and 2011 c 13 s 1 are each amended to read
as
follows:(1) Every person who:(a) Manufactures, sells, or
disposes of or possesses any instrument or
weapon of the kind usually known as slung shot, sand club, or
metal knuckles, orspring blade knife((, or any knife the blade of
which is automatically released bya spring mechanism or other
mechanical device, or any knife having a bladewhich opens, or
falls, or is ejected into position by the force of gravity, or by
anoutward, downward, or centrifugal thrust or movement));
(b) Furtively carries with intent to conceal any dagger, dirk,
pistol, or otherdangerous weapon; or
(c) Uses any contrivance or device for suppressing the noise of
any firearmunless the suppressor is legally registered and
possessed in accordance withfederal law,is guilty of a gross
misdemeanor punishable under chapter 9A.20 RCW.
(2) ((Subsection (1)(a) of this section does not apply to:
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Ch. 179 WASHINGTON LAWS, 2012
[ 1282 ]
(a) The possession of a spring blade knife by a law enforcement
officerwhile the officer:
(i) Is on official duty; or(ii) Is transporting the knife to or
from the place where the knife is stored
when the officer is not on official duty; or(b) The storage of a
spring blade knife by a law enforcement officer.))
"Spring blade knife" means any knife, including a prototype,
model, or othersample, with a blade that is automatically released
by a spring mechanism orother mechanical device, or any knife
having a blade which opens, or falls, or isejected into position by
the force of gravity, or by an outward, downward, orcentrifugal
thrust or movement. A knife that contains a spring, detent, or
othermechanism designed to create a bias toward closure of the
blade and thatrequires physical exertion applied to the blade by
hand, wrist, or arm toovercome the bias toward closure to assist in
opening the knife is not a springblade knife.
NEW SECTION. Sec. 2. A new section is added to chapter 9.41 RCW
toread as follows:
(1) RCW 9.41.250 does not apply to:(a) The possession or use of
a spring blade knife by a general authority law
enforcement officer, firefighter or rescue member, Washington
state patrolofficer, or military member, while the officer or
member:
(i) Is on official duty; or(ii) Is transporting a spring blade
knife to or from the place where the knife
is stored when the officer or member is not on official duty;
or(iii) Is storing a spring blade knife;(b) The manufacture, sale,
transportation, transfer, distribution, or
possession of spring blade knives pursuant to contract with a
general authoritylaw enforcement agency, fire or rescue agency,
Washington state patrol, ormilitary service, or pursuant to a
contract with another manufacturer or acommercial distributor of
knives for use, sale, or other disposition by themanufacturer or
commercial distributor;
(c) The manufacture, transportation, transfer, distribution, or
possession ofspring blade knives, with or without compensation and
with or without acontract, solely for trial, test, or other
provisional use for evaluation andassessment purposes, by a general
authority law enforcement agency, fire orrescue agency, Washington
state patrol, military service, or a manufacturer orcommercial
distributor of knives.
(2) For the purposes of this section:(a) "Military member" means
an active member of the United States
military or naval forces, or a Washington national guard member
called to activeduty or during training.
(b) "General law enforcement agency" means any agency,
department, ordivision of a municipal corporation, political
subdivision, or other unit of localgovernment of this state or any
other state, and any agency, department, ordivision of any state
government, having as its primary function the detectionand
apprehension of persons committing infractions or violating the
traffic orcriminal laws in general.
(c) "General law enforcement officer" means any person who
iscommissioned and employed by an employer on a full-time, fully
compensated
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WASHINGTON LAWS, 2012 Ch. 179
[ 1283 ]
basis to enforce the criminal laws of the state of Washington
generally. Noperson who is serving in a position that is basically
clerical or secretarial innature, or who is not commissioned shall
be considered a law enforcementofficer.
(d) "Fire or rescue agency" means any agency, department, or
division of amunicipal corporation, political subdivision, or other
unit of local government ofthis state or any other state, and any
agency, department, or division of any stategovernment, having as
its primary function the prevention, control, orextinguishment of
fire or provision of emergency medical services or rescueactions
for persons.
(e) "Firefighter or rescue member" means any person who is
serving on afull-time, fully compensated basis as a member of a
fire or rescue agency toprevent, control, or extinguish fire or
provide emergency medical services orrescue actions for persons. No
person who is serving in a position that isbasically clerical or
secretarial in nature shall be considered a firefighter orrescue
member.
(f) "Military service" means the active, reserve, or national
guardcomponents of the United States military, including the army,
navy, air force,marines, and coast guard.
Passed by the House March 5, 2012.Passed by the Senate March 1,
2012.Approved by the Governor March 29, 2012.Filed in Office of
Secretary of State March 29, 2012.
179 ____________________________________
CHAPTER 180[Substitute House Bill 2357]
SALES AND USE TAX—CHEMICAL DEPENDENCY,MENTAL HEALTH TREATMENT,
THERAPEUTIC COURTS
180 AN ACT Relating to sales and use tax for chemical
dependency, mental health treatment, andtherapeutic courts; and
amending RCW 82.14.460.
Be it enacted by the Legislature of the State of Washington:
Sec. 1. RCW 82.14.460 and 2011 c 347 s 1 are each amended to read
as
follows:(1)(a) A county legislative authority may authorize,
fix, and impose a sales
and use tax in accordance with the terms of this chapter.(b) If
a county with a population over eight hundred thousand has not
imposed the tax authorized under this subsection by January 1,
2011, any citywith a population over thirty thousand located in
that county may authorize, fix,and impose the sales and use tax in
accordance with the terms of this chapter.The county must provide a
credit against its tax for the full amount of taximposed under this
subsection (1)(b) by any city located in that county if thecounty
imposes the tax after January 1, 2011.
(2) The tax authorized in this section is in addition to any
other taxesauthorized by law and must be collected from those
persons who are taxable bythe state under chapters 82.08 and 82.12
RCW upon the occurrence of anytaxable event within the county for a
county's tax and within a city for a city's
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Ch. 180 WASHINGTON LAWS, 2012
[ 1284 ]
tax. The rate of tax equals one-tenth of one percent of the
selling price in thecase of a sales tax, or value of the article
used, in the case of a use tax.
(3) Moneys collected under this section must be used solely for
the purposeof providing for the operation or delivery of chemical
dependency or mentalhealth treatment programs and services and for
the operation or delivery oftherapeutic court programs and
services. For the purposes of this section,"programs and services"
includes, but is not limited to, treatment services,
casemanagement, and housing that are a component of a coordinated
chemicaldependency or mental health treatment program or
service.
(4) All moneys collected under this section must be used solely
for thepurpose of providing new or expanded programs and services
as provided in thissection, except as follows:
(a) For a county with a population larger than twenty-five
thousand or a citywith a population over thirty thousand, which
initially imposed the taxauthorized under this section prior to
January 1, 2012, a portion of moneyscollected under this section
may be used to supplant existing funding for thesepurposes as
follows: Up to fifty percent may be used to supplant
existingfunding in calendar years 2011-2012; up to forty percent
may be used tosupplant existing funding in calendar year 2013; up
to thirty percent may be usedto supplant existing funding in
calendar year 2014; up to twenty percent may beused to supplant
existing funding in calendar year 2015; and up to ten percentmay be
used to supplant existing funding in calendar year 2016;
(b) For a county with a population larger than twenty-five
thousand or a citywith a population over thirty thousand, which
initially imposes the taxauthorized under this section after
December 31, 2011, a portion of moneyscollected under this section
may be used to supplant existing funding for thesepurposes as
follows: Up to fifty percent may be used to supplant
existingfunding for up to the first three calendar years following
adoption; and up totwenty-five percent may be used to supplant
existing funding for the fourth andfifth years after adoption;
(c) For a county with a population of less than twenty-five
thousand, aportion of moneys collected under this section may be
used to supplant existingfunding for these purposes as follows: Up
to eighty percent may be used tosupplant existing funding in
calendar years 2011-2012; up to sixty percent maybe used to
supplant existing funding in calendar year 2013; up to forty
percentmay be used to supplant existing funding in calendar year
2014; up to twentypercent may be used to supplant existing funding
in calendar year 2015; and upto ten percent may be used to supplant
existing funding in calendar year 2016;and
(((c) Notwithstanding (a) and (b))) (d) Notwithstanding (a)
through (c) ofthis subsection, moneys collected under this section
may be used to support thecost of the judicial officer and support
staff of a therapeutic court.
(5) Nothing in this section may be interpreted to prohibit the
use of moneyscollected under this section for the replacement of
lapsed federal fundingpreviously provided for the operation or
delivery of services and programs asprovided in this section.
Passed by the House March 8, 2012.Passed by the Senate March 8,
2012.
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WASHINGTON LAWS, 2012 Ch. 180
[ 1285 ]
Approved by the Governor March 29, 2012.Filed in Office of
Secretary of State March 29, 2012.
180 ____________________________________
CHAPTER 181[Engrossed Substitute House Bill 2366]
SUICIDE ASSESSMENT, TREATMENT, AND MANAGEMENT181 AN ACT Relating
to requiring certain health professionals to complete education in
suicideassessment, treatment, and management; adding a new section
to chapter 43.70 RCW; and creatingnew sections.
Be it enacted by the Legislature of the State of Washington:NEW
SECTION. Sec. 1. (1) The legislature finds that:(a) According to
the centers for disease control and prevention:(i) In 2008, more
than thirty-six thousand people died by suicide in the
United States, making it the tenth leading cause of death
nationally.(ii) During 2007-2008, an estimated five hundred
sixty-nine thousand
people visited hospital emergency departments with
self-inflicted injuries in theUnited States, seventy percent of
whom had attempted suicide.
(iii) During 2008-2009, the average percentages of adults who
thought,planned, or attempted suicide in Washington were higher
than the nationalaverage.
(b) According to a national study, veterans face an elevated
risk of suicide ascompared to the general population, more than
twice the risk among maleveterans. Another study has indicated a
positive correlation betweenposttraumatic stress disorder and
suicide.
(i) Washington state is home to more than sixty thousand men and
womenwho have deployed in support of the wars in Iraq and
Afghanistan.
(ii) Research continues on how the effects of wartime service
and injuriessuch as traumatic brain injury, posttraumatic stress
disorder, or other service-related conditions, may increase the
number of veterans who attempt suicide.
(iii) As more men and women separate from the military and
transition backinto civilian life, community mental health
providers will become a vitalresource to help these veterans and
their families deal with issues that may arise.
(c) Suicide has an enormous impact on the family and friends of
the victimas well as the community as a whole.
(d) Approximately ninety percent of people who die by suicide
had adiagnosable psychiatric disorder at the time of death. Most
suicide victimsexhibit warning signs or behaviors prior to an
attempt.
(e) Improved training and education in suicide assessment,
treatment, andmanagement has been recommended by a variety of
organizations, including theUnited States department of health and
human services and the institute ofmedicine.
(2) It is therefore the intent of the legislature to help lower
the suicide rate inWashington by requiring certain health
professionals to complete training insuicide assessment, treatment,
and management as part of their continuingeducation, continuing
competency, or recertification requirements.
(3) The legislature does not intend to expand or limit the
existing scope ofpractice of any health professional affected by
this act.
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Ch. 181 WASHINGTON LAWS, 2012
[ 1286 ]
NEW SECTION. Sec. 2. A new section is added to chapter 43.70 RCW
toread as follows:
(1)(a) Beginning January 1, 2014, each of the following
professionalscertified or licensed under Title 18 RCW shall, at
least once every six years,complete a training program in suicide
assessment, treatment, and managementthat is approved, in rule, by
the relevant disciplining authority:
(i) An adviser or counselor certified under chapter 18.19
RCW;(ii) A chemical dependency professional licensed under chapter
18.205
RCW;(iii) A marriage and family therapist licensed under chapter
18.225 RCW;(iv) A mental health counselor licensed under chapter
18.225 RCW;(v) An occupational therapy practitioner licensed under
chapter 18.59
RCW;(vi) A psychologist licensed under chapter 18.83 RCW;
and(vii) An advanced social worker or independent clinical social
worker
licensed under chapter 18.225 RCW.(b) The requirements in (a) of
this subsection apply to a person holding a
retired active license for one of the professions in (a) of this
subsection.(2)(a)(i) Except as provided in (a)(ii) of this
subsection, a professional listed
in subsection (1)(a) of this section must complete the first
training required bythis section during the first full continuing
education reporting period after theeffective date of this section
or the first full continuing education reportingperiod after
initial licensure or certification, whichever occurs later.
(ii) A professional listed in subsection (1)(a) of this
subsection applying forinitial licensure on or after the effective
date of this section may delaycompletion of the first training
required by this section for six years after initiallicensure if he
or she can demonstrate successful completion of a six-hourtraining
program in suicide assessment, treatment, and management that:
(A) Was completed no more than six years prior to the
application for initiallicensure; and
(B) Is listed on the best practices registry of the American
foundation forsuicide prevention and the suicide prevention
resource center.
(3) The hours spent completing a training program in suicide
assessment,treatment, and management under this section count
toward meeting anyapplicable continuing education or continuing
competency requirements foreach profession.
(4)(a) A disciplining authority may, by rule, specify minimum
training andexperience that is sufficient to exempt a professional
from the trainingrequirements in subsection (1) of this
section.
(b) The board of occupational therapy practice may exempt
occupationaltherapists from the training requirements of subsection
(1) of this section byspecialty, if the specialty in question has
only brief or limited patient contact.
(5)(a) The secretary and the disciplining authorities shall
workcollaboratively to develop a model list of training programs in
suicideassessment, treatment, and management.
(b) When developing the model list, the secretary and the
discipliningauthorities shall:
(i) Consider suicide assessment, treatment, and management
trainingprograms of at least six hours in length listed on the best
practices registry of the
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WASHINGTON LAWS, 2012 Ch. 181
[ 1287 ]
American foundation for suicide prevention and the suicide
prevention resourcecenter; and
(ii) Consult with public and private institutions of higher
education, expertsin suicide assessment, treatment, and management,
and affected professionalassociations.
(c) The secretary and the disciplining authorities shall report
the model listof training programs to the appropriate committees of
the legislature no laterthan December 15, 2013.
(6) Nothing in this section may be interpreted to expand or
limit the scope ofpractice of any profession regulated under
chapter 18.130 RCW.
(7) The secretary and the disciplining authorities affected by
this sectionshall adopt any rules necessary to implement this
section.
(8) For purposes of this section:(a) "Disciplining authority"
has the same meaning as in RCW 18.130.020.(b) "Training program in
suicide assessment, treatment, and management"
means an empirically supported training program approved by the
appropriatedisciplining authority that contains the following
elements: Suicide assessment,including screening and referral,
suicide treatment, and suicide management.The disciplining
authority may approve a training program that excludes one ofthe
elements if the element is inappropriate for the profession in
question basedon the profession's scope of practice. A training
program that includes onlyscreening and referral elements shall be
at least three hours in length. All othertraining programs approved
under this section shall be at least six hours inlength.
(9) A state or local government employee is exempt from the
requirementsof this section if he or she receives a total of at
least six hours of training insuicide assessment, treatment, and
management from his or her employer everysix years. For purposes of
this subsection, the training may be provided in onesix-hour block
or may be spread among shorter training sessions at theemployer's
discretion.
(10) An employee of a community mental health agency licensed
underchapter 71.24 RCW or a chemical dependency program certified
under chapter70.96A RCW is exempt from the requirements of this
section if he or shereceives a total of at least six hours of
training in suicide assessment, treatment,and management from his
or her employer every six years. For purposes of thissubsection,
the training may be provided in one six-hour block or may be
spreadamong shorter training sessions at the employer's
discretion.
NEW SECTION. Sec. 3. (1) The secretary of health shall conduct a
studyevaluating the effect of evidence-based suicide assessment,
treatment, andmanagement training on the ability of licensed health
care professionals toidentify, refer, treat, and manage patients
with suicidal ideation. This study shallat a minimum:
(a) Review available research and literature regarding the
relationshipbetween licensed health professionals completing
training in suicide assessment,treatment, and management and
patient suicide rates;
(b) Assess which licensed health professionals are best situated
to positivelyinfluence the mental health behavior of individuals
with suicidal ideation;
(c) Evaluate the impact of suicide assessment, treatment, and
managementtraining on veterans with suicidal ideation; and
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Ch. 181 WASHINGTON LAWS, 2012
[ 1288 ]
(d) Review curriculum of health profession programs offered at
Washingtonstate educational institutions regarding suicide
prevention.
(2) In conducting this study the secretary may collaborate with
other healthprofession disciplinary boards and commissions,
professional associations, andother interested parties.
(3) The secretary shall submit a report to the legislature no
later thanDecember 15, 2013, summarizing the findings of this
study.
NEW SECTION. Sec. 4. This act may be known and cited as the
MattAdler suicide assessment, treatment, and management training
act of 2012.
Passed by the House March 3, 2012.Passed by the Senate February
28, 2012.Approved by the Governor March 29, 2012.Filed in Office of
Secretary of State March 29, 2012.
181 ____________________________________
CHAPTER 182[Substitute House Bill 2389]
ECONOMIC AND REVENUE FORECASTS—SUBMISSION DATES182 AN ACT
Relating to modifying the submission dates for economic and revenue
forecasts;amending RCW 82.33.020; and providing an effective
date.
Be it enacted by the Legislature of the State of Washington:
Sec. 1. RCW 82.33.020 and 2005 c 319 s 137 are each amended to read
as
follows:(1) Four times each year the supervisor ((shall)) must
prepare, subject to the
approval of the economic and revenue forecast council under RCW
82.33.010:(a) An official state economic and revenue forecast;(b)
An unofficial state economic and revenue forecast based on
optimistic
economic and revenue projections; and(c) An unofficial state
economic and revenue forecast based on pessimistic
economic and revenue projections.(2) The supervisor ((shall))
must submit forecasts prepared under this
section, along with any unofficial forecasts provided under RCW
82.33.010, tothe governor and the members of the committees on ways
and means and thechairs of the committees on transportation of the
senate and house ofrepresentatives, including one copy to the staff
of each of the committees, on orbefore November 20th, February 20th
in the even-numbered years, March 20thin the odd-numbered years,
June ((20th)) 27th, and September ((20th)) 27th. Allforecasts
((shall)) must include both estimated receipts and estimated
revenuesin conformance with generally accepted accounting
principles as provided byRCW 43.88.037.
(3) All agencies of state government ((shall)) must provide to
the supervisorimmediate access to all information relating to
economic and revenue forecasts.Revenue collection information
((shall)) must be available to the supervisor thefirst business day
following the conclusion of each collection period.
(4) The economic and revenue forecast supervisor and staff
((shall)) mustco-locate and share information, data, and files with
the tax research section ofthe department of revenue but ((shall))
may not duplicate the duties andfunctions of one another.
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WASHINGTON LAWS, 2012 Ch. 182
[ 1289 ]
(5) As part of its forecasts under subsection (1) of this
section, thesupervisor ((shall)) must provide estimated revenue
from tuition fees as definedin RCW 28B.15.020.
NEW SECTION. Sec. 2. This act takes effect October 1,
2012.Passed by the House February 10, 2012.Passed by the Senate
February 29, 2012.Approved by the Governor March 29, 2012.Filed in
Office of Secretary of State March 29, 2012.
182 ____________________________________
CHAPTER 183[Second Substitute House Bill 2443]
DRIVING UNDER THE INFLUENCE183 AN ACT Relating to increasing
accountability of persons who drive impaired; amendingRCW 2.28.175,
9.94A.475, 9.94A.640, 9.95.210, 9.96.060, 38.52.430, 46.20.308,
46.20.385,46.20.720, 46.20.745, 46.61.5249, 46.61.540, and
43.43.395; reenacting and amending RCW46.61.500 and 46.61.5055;
adding a new section to chapter 43.43 RCW; prescribing penalties;
andproviding an effective date.
Be it enacted by the Legislature of the State of Washington:
Sec. 1. RCW 2.28.175 and 2011 c 293 s 10 are each amended to read
as
follows:(1) Counties may establish and operate DUI courts.
Municipalities may
enter into cooperative agreements with counties that have DUI
courts to provideDUI court services.
(2) For the purposes of this section, "DUI court" means a court
that hasspecial calendars or dockets designed to achieve a
reduction in recidivism ofimpaired driving among nonviolent,
alcohol abusing offenders, whether adult orjuvenile, by increasing
their likelihood for successful rehabilitation throughearly,
continuous, and intense judicially supervised treatment;
mandatoryperiodic testing for alcohol use and, if applicable, drug
use; and the use ofappropriate sanctions and other rehabilitation
services.
(3)(a) Any jurisdiction that seeks a state appropriation to fund
a DUI courtprogram must first:
(i) Exhaust all federal funding that is available to support the
operations ofits DUI court and associated services; and
(ii) Match, on a dollar-for-dollar basis, state moneys allocated
for DUI courtprograms with local cash or in-kind resources. Moneys
allocated by the statemust be used to supplement, not supplant,
other federal, state, and local funds forDUI court operations and
associated services. However, until June 30, 2014, nomatch is
required for state moneys expended for the administrative and
overheadcosts associated with the operation of a DUI court
established as of January 1,2011.
(b) Any ((county)) jurisdiction that establishes a DUI court
pursuant to thissection shall establish minimum requirements for
the participation of offendersin the program. The DUI court may
adopt local requirements that are morestringent than the minimum.
The minimum requirements are:
(i) The offender would benefit from alcohol treatment;(ii) The
offender has not previously been convicted of a serious violent
offense or sex offense as defined in RCW 9.94A.030, vehicular
homicide under
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Ch. 183 WASHINGTON LAWS, 2012
[ 1290 ]
RCW 46.61.520, vehicular assault under RCW 46.61.522, or an
equivalent out-of-state offense; and
(iii) Without regard to whether proof of any of these elements
is required toconvict, the offender is not currently charged with
or convicted of an offense:
(A) That is a sex offense;(B) That is a serious violent
offense;(C) That is vehicular homicide or vehicular assault;(D)
During which the defendant used a firearm; or(E) During which the
defendant caused substantial or great bodily harm or
death to another person. Sec. 2. RCW 9.94A.475 and 2002 c 290 s
15 are each amended to read as
follows:Any and all recommended sentencing agreements or plea
agreements and
the sentences for any and all felony crimes shall be made and
retained as publicrecords if the felony crime involves:
(1) Any violent offense as defined in this chapter;(2) Any most
serious offense as defined in this chapter;(3) Any felony with a
deadly weapon special verdict under RCW
((9.94A.602)) 9.94A.825;(4) Any felony with any deadly weapon
enhancements under RCW
9.94A.533 (3) or (4), or both; ((and/or))(5) The felony crimes
of possession of a machine gun, possessing a stolen
firearm, drive-by shooting, theft of a firearm, unlawful
possession of a firearm inthe first or second degree, and/or use of
a machine gun in a felony; or
(6) The felony crime of driving a motor vehicle while under the
influence ofintoxicating liquor or any drug as defined in RCW
46.61.502, and felonyphysical control of a motor vehicle while
under the influence of intoxicatingliquor or any drug as defined in
RCW 46.61.504.
Sec. 3. RCW 9.94A.640 and 2006 c 73 s 8 are each amended to read
asfollows:
(1) Every offender who has been discharged under RCW 9.94A.637
mayapply to the sentencing court for a vacation of the offender's
record ofconviction. If the court finds the offender meets the
tests prescribed insubsection (2) of this section, the court may
clear the record of conviction by:(a) Permitting the offender to
withdraw the offender's plea of guilty and to entera plea of not
guilty; or (b) if the offender has been convicted after a plea of
notguilty, by the court setting aside the verdict of guilty; and
(c) by the courtdismissing the information or indictment against
the offender.
(2) An offender may not have the record of conviction cleared
if: (a) Thereare any criminal charges against the offender pending
in any court of this state oranother state, or in any federal
court; (b) the offense was a violent offense asdefined in RCW
9.94A.030; (c) the offense was a crime against persons asdefined in
RCW 43.43.830; (d) the offender has been convicted of a new crimein
this state, another state, or federal court since the date of the
offender'sdischarge under RCW 9.94A.637; (e) the offense is a class
B felony and lessthan ten years have passed since the date the
applicant was discharged underRCW 9.94A.637; (f) the offense was a
class C felony, other than a class C felonydescribed in RCW
46.61.502(6) or 46.61.504(6), and less than five years have
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WASHINGTON LAWS, 2012 Ch. 183
[ 1291 ]
passed since the date the applicant was discharged under RCW
9.94A.637; or (g)the offense was a class C felony described in RCW
46.61.502(6) or 46.61.504(6)((and less than ten years have passed
since the applicant was discharged underRCW 9.94A.637)).
(3) Once the court vacates a record of conviction under
subsection (1) ofthis section, the fact that the offender has been
convicted of the offense shall notbe included in the offender's
criminal history for purposes of determining asentence in any
subsequent conviction, and the offender shall be released fromall
penalties and disabilities resulting from the offense. For all
purposes,including responding to questions on employment
applications, an offenderwhose conviction has been vacated may
state that the offender has never beenconvicted of that crime.
Nothing in this section affects or prevents the use of anoffender's
prior conviction in a later criminal prosecution.
Sec. 4. RCW 9.95.210 and 2011 1st sp.s. c 40 s 7 are each
amended to readas follows:
(1)(a) Except as provided in (b) of this subsection in granting
probation, thesuperior court may suspend the imposition or the
execution of the sentence andmay direct that the suspension may
continue upon such conditions and for suchtime as it shall
designate, not exceeding the maximum term of sentence or twoyears,
whichever is longer.
(b) For a defendant sentenced under RCW 46.61.5055, the superior
courtmay suspend the imposition or the execution of the sentence
and may direct thatthe suspension continue upon such conditions and
for such time as the courtshall designate, not to exceed five
years. The court shall have continuingjurisdiction and authority to
suspend the execution of all or any part of thesentence upon stated
terms, including installment payment of fines. A defendantwho has
been sentenced, and who then fails to appear for any hearing to
addressthe defendant's compliance with the terms of probation when
ordered to do so bythe court shall have the term of probation
tolled until such time as the defendantmakes his or her presence
known to the court on the record. Any time beforeentering an order
terminating probation, the court may modify or revoke itsorder
suspending the imposition or execution of the sentence if the
defendantviolates or fails to carry out any of the conditions of
the suspended sentence.
(2) In the order granting probation and as a condition thereof,
the superiorcourt may in its discretion imprison the defendant in
the county jail for a periodnot exceeding one year and may fine the
defendant any sum not exceeding thestatutory limit for the offense
committed, and court costs. As a condition ofprobation, the
superior court shall require the payment of the penalty
assessmentrequired by RCW 7.68.035. The superior court may also
require the defendantto make such monetary payments, on such terms
as it deems appropriate underthe circumstances, as are necessary:
(a) To comply with any order of the courtfor the payment of family
support; (b) to make restitution to any person orpersons who may
have suffered loss or damage by reason of the commission ofthe
crime in question or when the offender pleads guilty to a lesser
offense orfewer offenses and agrees with the prosecutor's
recommendation that theoffender be required to pay restitution to a
victim of an offense or offenses whichare not prosecuted pursuant
to a plea agreement; (c) to pay such fine as may beimposed and
court costs, including reimbursement of the state for costs
ofextradition if return to this state by extradition was required;
(d) following
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Ch. 183 WASHINGTON LAWS, 2012
[ 1292 ]
consideration of the financial condition of the person subject
to possibleelectronic monitoring, to pay for the costs of
electronic monitoring if thatmonitoring was required by the court
as a condition of release from custody or asa condition of
probation; (e) to contribute to a county or interlocal drug
fund;and (f) to make restitution to a public agency for the costs
of an emergencyresponse under RCW 38.52.430, and may require bonds
for the faithfulobservance of any and all conditions imposed in the
probation.
(3) The superior court shall order restitution in all cases
where the victim isentitled to benefits under the crime victims'
compensation act, chapter 7.68RCW. If the superior court does not
order restitution and the victim of the crimehas been determined to
be entitled to benefits under the crime victims'compensation act,
the department of labor and industries, as administrator of
thecrime victims' compensation program, may petition the superior
court within oneyear of imposition of the sentence for entry of a
restitution order. Upon receiptof a petition from the department of
labor and industries, the superior court shallho