Bill Summary – FastDemocracy

CERTIFICATION OF ENROLLMENT
             ENGROSSED FOURTH SUBSTITUTE HOUSE BILL 1412
                       Chapter 260, Laws of 2022
                               67th Legislature
                             2022 Regular Session
          LEGAL FINANCIAL OBLIGATIONS—VARIOUS PROVISIONS
                    EFFECTIVE DATE: January 1, 2023
Passed by the House March 9, 2022                    CERTIFICATE
  Yeas 64 Nays 32
                                       I, Bernard Dean, Chief Clerk of the
                                       House of Representatives of the
            LAURIE JINKINS             State of Washington, do hereby
Speaker of the House of                certify   that   the   attached  is
Representatives                        ENGROSSED FOURTH SUBSTITUTE HOUSE
                                       BILL 1412 as passed by the House of
                                       Representatives and the Senate on
                                       the dates hereon set forth.
Passed by the Senate March 3, 2022
  Yeas 38 Nays 11
                                                    BERNARD DEAN
              DENNY HECK                                            Chief Clerk
President of the Senate
Approved March 31, 2022 4:27 PM                         FILED
                                                    April 1, 2022
                                               Secretary of State
              JAY INSLEE                       State of Washington
Governor of the State of Washington
                  ENGROSSED FOURTH SUBSTITUTE HOUSE BILL 1412
                           AS AMENDED BY THE SENATE
                   Passed Legislature - 2022 Regular Session
     State of Washington         67th Legislature     2022 Regular Session
     By House Appropriations (originally sponsored by Representatives
     Simmons, Goodman, Davis, Valdez, Berry, Taylor, Fitzgibbon, Peterson,
     Ormsby, Harris-Talley, Pollet, and Macri)
     READ FIRST TIME 02/03/22.
      AN ACT Relating to legal financial obligations; amending RCW
  3.66.120,   9.94A.750,  9.94A.753,  9.94A.760,   6.17.020,  9.92.060,
  9.95.210, 10.01.160, 10.73.160, 10.64.015, 10.82.090, 9.94A.6333,
  9.94B.040, 10.01.180, 3.62.085, 10.01.170, 10.46.190, 9.92.070,
  7.68.240, 9.94A.505, and 9.94A.777; reenacting and amending RCW
  36.18.020; adding a new section to chapter 10.01 RCW; adding a new
  section to chapter 3.66 RCW; creating a new section; and providing an
  effective date.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     Sec. 1. RCW 3.66.120 and 2001 c 115 s 1 are each amended to read
 as follows:
     (1) All court-ordered restitution obligations that are ordered as
 a result of a conviction for a criminal offense in a court of limited
 jurisdiction may be enforced in the same manner as a judgment in a
 civil action by the party or entity to whom the legal financial
 obligation is owed. The judgment and sentence must identify the party
 or entity to whom restitution is owed so that the state, party, or
 entity may enforce the judgment.
     (2) At any time, including at sentencing, the court may determine
 that the offender is not required to pay, or may relieve the offender
 of the requirement to pay, full or partial restitution and accrued
                                       p. 1                     E4SHB 1412.SL
 interest on restitution where the entity to whom restitution is owed
 is an insurer or state agency, except for restitution owed to the
 department of labor and industries under chapter 7.68 RCW, if the
 court finds that the offender does not have the current or likely
 future ability to pay. A person does not have the current ability to
 pay if the person is indigent as defined in RCW 10.01.160(3). For the
 purposes of this subsection, the terms "insurer" and "state agency"
 have the same meanings as provided in RCW 9.94A.750(3).
     (3) All court-ordered restitution obligations may be enforced at
 any time during the ((ten-year)) 10-year period following the
 offender's release from total confinement or within ((ten)) 10 years
 of entry of the judgment and sentence, whichever period is longer.
 Prior to the expiration of the initial ((ten-year)) 10-year period,
 the court may extend the criminal judgment an additional ((ten)) 10
 years for payment of court-ordered restitution only if the court
 finds that the offender has not made a good faith attempt to pay.
     (4) The party or entity to whom the court-ordered restitution
 obligation is owed may utilize any other remedies available to the
 party or entity to collect the court-ordered financial obligation.
     (5) Nothing in this section may be construed to deprive the court
 of the authority to determine whether the offender's failure to pay
 the legal financial obligation constitutes a violation of a condition
 of probation or to impose a sanction upon the offender if such a
 violation is found.
     Sec. 2.   RCW 9.94A.750 and 2018 c 123 s 1 are each amended to
 read as follows:
     This section applies to offenses committed on or before July 1,
 1985.
     (1) If restitution is ordered, the court shall determine the
 amount of restitution due at the sentencing hearing or within ((one
 hundred eighty)) 180 days. The court may continue the hearing beyond
 the ((one hundred eighty)) 180 days for good cause. The court shall
 then set a minimum monthly payment that the offender is required to
 make towards the restitution that is ordered. The court shall not
 issue any order that postpones the commencement of restitution
 payments until after the offender is released from total confinement.
 The court should take into consideration the total amount of the
 restitution owed, the offender's present, past, and future ability to
 pay, as well as any assets that the offender may have. An offender's
                                     p. 2                    E4SHB 1412.SL
 inability to make restitution payments while in total confinement may
 not be the basis for a violation of his or her sentence unless his or
 her inability to make payments resulted from a refusal to accept an
 employment offer to a class I or class II job or a termination for
 cause from such a job.
      (2) During the period of supervision, the community corrections
 officer may examine the offender to determine if there has been a
 change in circumstances that warrants an amendment of the monthly
 payment schedule. The community corrections officer may recommend a
 change to the schedule of payment and shall inform the court of the
 recommended change and the reasons for the change. The sentencing
 court may then reset the monthly minimum payments based on the report
 from    the  community   corrections  officer   of   the  change   in
 circumstances.
      (3)(a) Except as provided in subsection (6) of this section,
 restitution ordered by a court pursuant to a criminal conviction
 shall be based on easily ascertainable damages for injury to or loss
 of property, actual expenses incurred for treatment for injury to
 persons, and lost wages resulting from injury. Restitution shall not
 include reimbursement for damages for mental anguish, pain and
 suffering, or other intangible losses, but may include the costs of
 counseling reasonably related to the offense. The amount of
 restitution shall not exceed double the amount of the offender's gain
 or the victim's loss from the commission of the offense.
     (b) At any time, including at sentencing, the court may determine
 that the offender is not required to pay, or may relieve the offender
 of the requirement to pay, full or partial restitution and accrued
 interest on restitution where the entity to whom restitution is owed
 is an insurer or state agency, except for restitution owed to the
 department of labor and industries under chapter 7.68 RCW, if the
 court finds that the offender does not have the current or likely
 future ability to pay. A person does not have the current ability to
 pay if the person is indigent as defined in RCW 10.01.160(3). For the
 purposes of this subsection:
     (i) "Insurer" means any insurer as defined and authorized under
 Title 48 RCW. "Insurer" does not include an individual self-insurance
 program or joint self-insurance program.
      (ii) "Self-insurance" means a formal program of advance funding
 and management of entity financial exposure to a risk of loss that is
                                     p. 3                    E4SHB 1412.SL
 not transferred through the purchase of an insurance policy or
 contract.
     (iii) "State agency" has the same meaning as provided in RCW
 42.56.010(1).
     (4) For the purposes of this section, the offender shall remain
 under the court's jurisdiction for a term of ((ten)) 10 years
 following the offender's release from total confinement or ((ten)) 10
 years subsequent to the entry of the judgment and sentence, whichever
 period is longer. Prior to the expiration of the initial ((ten-year))
 10-year period, the superior court may extend jurisdiction under the
 criminal judgment an additional ((ten)) 10 years for payment of
 restitution. The portion of the sentence concerning restitution may
 be modified as to amount, terms and conditions during either the
 initial ((ten-year)) 10-year period or subsequent ((ten-year)) 10-
 year period if the criminal judgment is extended, regardless of the
 expiration of the offender's term of community supervision and
 regardless of the statutory maximum sentence for the crime. The court
 may not reduce the total amount of restitution ordered because the
 offender may lack the ability to pay the total amount. The offender's
 compliance with the restitution shall be supervised by the department
 only during any period which the department is authorized to
 supervise the offender in the community under RCW 9.94A.728,
 9.94A.501, or in which the offender is in confinement in a state
 correctional institution or a correctional facility pursuant to a
 transfer agreement with the department, and the department shall
 supervise the offender's compliance during any such period. The
 department is responsible for supervision of the offender only during
 confinement and authorized supervision and not during any subsequent
 period in which the offender remains under the court's jurisdiction.
 The county clerk is authorized to collect unpaid restitution at any
 time the offender remains under the jurisdiction of the court for
 purposes of his or her legal financial obligations.
     (5) Restitution may be ordered whenever the offender is convicted
 of an offense which results in injury to any person or damage to or
 loss of property or as provided in subsection (6) of this section. In
 addition, restitution may be ordered to pay for an injury, loss, or
 damage if the offender pleads guilty to a lesser offense or fewer
 offenses and agrees with the prosecutor's recommendation that the
 offender be required to pay restitution to a victim of an offense or
 offenses which are not prosecuted pursuant to a plea agreement.
                                     p. 4                    E4SHB 1412.SL
     (6) Restitution for the crime of rape of a child in the first,
 second, or third degree, in which the victim becomes pregnant, shall
 include: (a) All of the victim's medical expenses that are associated
 with the rape and resulting pregnancy; and (b) child support for any
 child born as a result of the rape if child support is ordered
 pursuant to a proceeding in superior court or administrative order
 for support for that child. The clerk must forward any restitution
 payments made on behalf of the victim's child to the Washington state
 child   support  registry   under  chapter  26.23   RCW.  Identifying
 information about the victim and child shall not be included in the
 order. The offender shall receive a credit against any obligation
 owing under the administrative or superior court order for support of
 the victim's child. For the purposes of this subsection, the offender
 shall remain under the court's jurisdiction until the offender has
 satisfied   support   obligations  under   the   superior  court   or
 administrative order but not longer than a maximum term of ((twenty-
 five)) 25 years following the offender's release from total
 confinement or ((twenty-five)) 25 years subsequent to the entry of
 the judgment and sentence, whichever period is longer. The court may
 not reduce the total amount of restitution ordered because the
 offender may lack the ability to pay the total amount. The department
 shall supervise the offender's compliance with the restitution
 ordered under this subsection.
     (7) In addition to any sentence that may be imposed, an offender
 who has been found guilty of an offense involving fraud or other
 deceptive practice or an organization which has been found guilty of
 any such offense may be ordered by the sentencing court to give
 notice of the conviction to the class of persons or to the sector of
 the public affected by the conviction or financially interested in
 the subject matter of the offense by mail, by advertising in
 designated areas or through designated media, or by other appropriate
 means.
     (8) This section does not limit civil remedies or defenses
 available to the victim or offender including support enforcement
 remedies for support ordered under subsection (6) of this section for
 a child born as a result of a rape of a child victim. The court shall
 identify in the judgment and sentence the victim or victims entitled
 to restitution and what amount is due each victim. The state or
 victim may enforce the court-ordered restitution in the same manner
 as a judgment in a civil action. Restitution collected through civil
                                     p. 5                    E4SHB 1412.SL
 enforcement must be paid through the registry of the court and must
 be distributed proportionately according to each victim's loss when
 there is more than one victim.
      Sec. 3.  RCW 9.94A.753 and 2018 c 123 s 2 are each amended to
 read as follows:
     This section applies to offenses committed after July 1, 1985.
     (1) When restitution is ordered, the court shall determine the
 amount of restitution due at the sentencing hearing or within ((one
 hundred eighty)) 180 days except as provided in subsection (7) of
 this section. The court may continue the hearing beyond the ((one
 hundred eighty)) 180 days for good cause. The court shall then set a
 minimum monthly payment that the offender is required to make towards
 the restitution that is ordered. The court shall not issue any order
 that postpones the commencement of restitution payments until after
 the offender is released from total confinement. The court should
 take into consideration the total amount of the restitution owed, the
 offender's present, past, and future ability to pay, as well as any
 assets that the offender may have. An offender's inability to make
 restitution payments while in total confinement may not be the basis
 for a violation of his or her sentence unless his or her inability to
 make payments resulted from a refusal to accept an employment offer
 to a class I or class II job or a termination for cause from such a
 job.
      (2) During the period of supervision, the community corrections
 officer may examine the offender to determine if there has been a
 change in circumstances that warrants an amendment of the monthly
 payment schedule. The community corrections officer may recommend a
 change to the schedule of payment and shall inform the court of the
 recommended change and the reasons for the change. The sentencing
 court may then reset the monthly minimum payments based on the report
 from    the  community  corrections   officer   of   the  change   in
 circumstances.
      (3)(a) Except as provided in subsection (6) of this section,
 restitution ordered by a court pursuant to a criminal conviction
 shall be based on easily ascertainable damages for injury to or loss
 of property, actual expenses incurred for treatment for injury to
 persons, and lost wages resulting from injury. Restitution shall not
 include reimbursement for damages for mental anguish, pain and
 suffering, or other intangible losses, but may include the costs of
                                     p. 6                    E4SHB 1412.SL
 counseling reasonably related to the offense. The amount of
 restitution shall not exceed double the amount of the offender's gain
 or the victim's loss from the commission of the crime.
     (b) At any time, including at sentencing, the court may determine
 that the offender is not required to pay, or may relieve the offender
 of the requirement to pay, full or partial restitution and accrued
 interest on restitution where the entity to whom restitution is owed
 is an insurer or state agency, except for restitution owed to the
 department of labor and industries under chapter 7.68 RCW, if the
 court finds that the offender does not have the current or likely
 future ability to pay. A person does not have the current ability to
 pay if the person is indigent as defined in RCW 10.01.160(3). For the
 purposes of this subsection, the terms "insurer" and "state agency"
 have the same meanings as provided in RCW 9.94A.750(3).
     (4) For the pu