March 22, 2002
The Supreme Court adopted the following amendments to the JuCR 7.7 guilty plea form:
Delete "D.O.B" from the caption. This change deletes repetitive information. The respondent's date of birth is requested in line 2 of the guilty plea.
The list of rights is updated to delete duplicate language and to make the juvenile list of rights more consistent with the list of rights found in the CrR 4.2(g) guilty plea form.
Change Line 5a to: "I have the right to a speedy and public trial in the county where the offense(s) allegedly occurred."
Delete Line 5e because it duplicates information in line 5d.
Change Line 5e (previously line 5f), to: "I am presumed innocent unless the charge is proven beyond a reasonable doubt or I enter a plea of guilty."
This change is based upon RCW 13.40.180:
Change paragraph 8, as indicated below, to reflect the statutory language of RCW 13.40.160(2):
RIGHT TO APPEAL SENTENCE: I understand, that the judge must impose a sentence within the standard range, unless the judge finds by clear and convincing evidence that the standard range sentence would amount to a manifest injustice.
Insert the following as the second sentence of paragraph 10:
I understand that if I am pleading guilty to two or more offenses that arise out of the same course of conduct, only the most serious offense will count as an offense in my criminal history.
This proposed language reflects RCW 13.40.020(7)(a).
Insert "theft of motor vehicle fuel" after "hit and run" and before "or attempting to elude."
This change is based upon Chapter 325 Laws of 2001, section one, which was codified as RCW 46.61.740:
(1) Any person who refuses to pay or evades payment of motor vehicle fuel that is pumped into a motor vehicle is guilty of theft of motor vehicle fuel. A violation of this subsection is a gross misdemeanor punishable under chapter 9A.20 RCW.
(2) The court shall order the department to suspend the person's license, permit, or nonresident privilege to drive for a period specified by the court of up to six months."
Add the following new paragraph regarding federal benefits:
[I] FEDERAL BENEFITS: I understand that if I am pleading guilty to a felony drug offense, my eligibility for state and federal food stamps and welfare will be affected. If I am pleading guilty to any drug offense, my education benefits will be affected, as well. 20 U.S.C. § 1091(r) and 21 U.S.C. § 862a.
The reference to education benefits is based upon 20 U.S.C. § 1091(r):
(r)(1) In general. A student who has been convicted of any offense under any Federal or State law involving the possession or sale of a controlled substance shall not be eligible to receive any grant, loan, or work assistance under this title during the period beginning on the date of such conviction and ending after the interval specified in the following table:
If convicted of an offense involving:The possession of a controlled substance:
The sale of a controlled substance:
The reference to state and federal food stamps and welfare is based upon 21 U.S.C. § 862a:
(a) In general,...[a]n individual convicted (under Federal or State law) of any offense which is classified as a felony by the law of the jurisdiction involved and which has as an element the possession, use, or distribution of a controlled substance....shall not be eligible for...assistance under any State program funded under part A of title IV of the Social Security Act....or benefits under the food stamp program... or any State program carried out under the Food Stamp Act of 1977....
In the case United States v. Littlejohn, 224 F. 2d 960 (2000), the 9th Circuit Court of Appeals held that the effect of 21 U.S.C. § 862a is a direct consequence of a guilty plea of which a defendant must be informed. In reaching it's holding, the Court of Appeals stated that:
"...Under section 862a, prior convictions are irrelevant. Once a person is convicted for any offense `classified as a felony by the law of the jurisdiction involved...which has as an element the possession, use, or distribution of a controlled substance," that person is immediately ineligible for certain types of social security assistance and food stamp benefits. Unlike subsection 862(a), section 862a requires no measure of judicial clairvoyance to determine applicability. Section 862a's consequence is automatic, direct, and does not fit within the exception carved out by Maree and Selfa [the court is not aware at the plea hearing of the facts necessary to determine the application of the consequence]." United States v. Littlejohn, 224 F. 2d 960, 969.
Applying the same rational to 20 U.S.C. § 1091(r), regarding education benefits, one reaches the same conclusion. Pursuant to 20 U.S.C § 1091(r)(1) a student loses eligibility for education benefits when the person is convicted of any offense under any Federal or State law involving the possession or sale of a controlled substance. The loss of benefits is automatic, direct and doesn't require the court to know facts that are not known at the hearing on the guilty plea.
Insert the following as paragraph 12(J):
[J] MANDATORY MINIMUM SENTENCE: The crime of ____________
This new paragraph is added to accommodate the mandatory minimum sentence for Escape crimes found in RCW 13.40.0357. This general mandatory minimum sentence paragraph is flexible enough to accommodate future mandatory minimum sentences for other crimes.
At the end of the first sentence, after "feels is appropriate" insert "up to the maximum allowed by law." Delete the remainder of the paragraph. This change deletes duplicate language, which is already found in paragraph 8.
Paragraph 20, the signature lines and the JUDGE'S CERTIFICATE are modified, as follows, to conform to the same section in the adult guilty plea forms.
20. I have read or someone has read to me everything printed above, and in Attachment "A," if applicable, and I understand it in full.
The foregoing statement was
[ ] (a) The respondent had previously read the entire statement above and that the respondent understood it in full;
[ ] (b) The respondent's lawyer had previously read to him or her the entire statement above and that the respondent understood it in full; or
[ ] (c) An interpreter had previously read to the respondent the entire statement above and that the defendant understood it in full. The Interpreter's Declaration is attached.
Change the first sentence in the first paragraph by adding "as defined in RCW 9A.44.130," after "minor" and before "I will". Delete the citation to RCW 9A.44.130 that followed the first sentence. This change conforms the language in the juvenile Attachment "A" to the language in the CrR 4.2(g) Guilty Plea Form, Attachment "A".
Modify the paragraph beginning with "If I lack a fixed residence..." as follows:
If I lack a fixed residence, I am required to register. Registration must occur within 24 hours of release in the county where I am being supervised if I do not have a residence at the time of my release from custody or within
These changes are based upon RCW 9A.44.130(6) as amended by Chapter 169 Laws of 2001 (HB 1952):
RCW 9A.44.130(6)(a) Any person required to register under this section who lacks a fixed residence shall provide written notice to the sheriff of the county where he or she last registered within forty-eight hours excluding weekends and holidays after ceasing to have a fixed residence.....
(b) A person who lacks a fixed residence must report weekly, in person, to the sheriff of the county where he or she is registered. The weekly report shall be on a day specified by the county sheriff's office, and shall occur during normal business hours. The county sheriff's office may require the person to list the locations where the person has stayed during the last seven days. The lack of a fixed residence is a factor that may be considered in determining an offender's risk level and shall make the offender subject to disclosure of information to the public at large pursuant to RCW 4.24.550.
Change the last paragraph regarding name changes as follows:
If I apply for a name change, I must submit a copy of the application to the county sheriff of the county of my residence and to the state patrol not fewer than five days before the entry of an order granting the name change. If I receive an order changing my name, I must submit a copy of the order to the county sheriff of the county of my residence and to the state patrol within 5 days of the entry of the order. RCW 9A.44.130(
The JuCr 7.7 Attachment "A" already contained the notice that a respondent was required to submit a copy of a name change order to the county sheriff. The new language adds the requirement to submit a copy of the name change application to the county sheriff and updates the statutory citation. The language regarding name changes is derived from RCW 9A.44.130(7), which is part of the sex offender registration statute. RCW 9A.44.130(7) is reproduced below:
A sex offender subject to registration requirements under this section who applies to change his or her name under RCW 4.24.130 or any other law shall submit a copy of the application to the county sheriff of the county of the person's residence and to the state patrol not fewer than five days before the entry of an order granting the name change. No sex offender under the requirement to register under this section at the time of application shall be granted an order changing his or her name if the court finds that doing so will interfere with legitimate law enforcement interests, except that no order shall be denied when the name change is required for religious or legitimate cultural reasons or in recognition of marriage or dissolution of marriage. A sex offender under the requirement to register under this section who receives an order changing his or her name shall submit a copy of the order to the county sheriff of the county of the person's residence and to the state patrol within five days of the entry of the order.
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