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July 9, 2008
TO: Judges, Court Commissioners, Court Administrators, Law Libraries, and Public
FROM: Merrie Gough, Senior Legal Analyst
SUBJECT: SUMMARY OF CHANGES TO MISDEMEANOR JUDGMENT AND SENTENCING FORMS
The Courts of Limited Jurisdiction Forms Subcommittee and the Pattern Forms Committee updated the misdemeanor judgment and sentencing form that is listed in the table, below. The updates include modifications that implement Laws of 2008, ch 97, relating to misdemeanor offenses that require the collection of a biological sample for DNA analysis. The updates also include provisions for more detailed information regarding the crime, including the RCW or local ordinance citation with subsection. The Federal Bureau of Investigations requested the more detailed information to facilitate firearm sales background checks:
CrRLJ 07.0110 Judgment and Sentence
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Caption
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Delete “for” in the name of the form and delete the two lines on which to write the crime.
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Beginning Paragraph
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After “the finding of the court was guilty,” delete the semi-colon and replace it with “of” and a colon. Enter several paragraph returns. Below the colon, insert a table containing space for the Count [2 counts], Crime, and RCW or Ordinance (with subsection).
Below the table insert a new check box, which is based upon RCW 10.99.040(1)(d):
Below the new check box option, continue with:
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Check box regarding collection of a biological sample
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Laws of 2008, ch. 97, § 2, amended RCW 43.43.754, as follows:
“(1) A biological sample must be collected for purposes of DNA identification analysis from:
(a) Every adult or juvenile individual convicted of a felony , stalking under RCW 9A.46.110, harassment under RCW 9A.46.020, communicating with a minor for immoral purposes under
RCW 9.60A.090, or adjudicated guilty of an equivalent juvenile offense must have a biological sample collected for purposes of DNA identification analysis in the following manner, or any of the following crimes (or equivalent juvenile offenses):
Assault in the Fourth degree with sexual motivation (RCW 9A.36.041, 9.94A.835)
Communication with a minor for immoral purposes (RCW 9.68A.090)
Failure to register (RCW 9A.44.130)
Harassment (RCW 9A.46.020)
Patronizing a prostitute (RCW 9A.88.110)
Sexual misconduct with a minor in the second degree (RCW 9A.44.096)
Stalking (RCW 9A.46.110)
Violation of a sexual assault protection order granted under chapter 7.90 RCW; and
(b) Every adult or juvenile individual who is required to register under RCW 9A.44.130.”
To implement the new law, change the check box regarding collection of a DNA sample, as follows:
This crime involves is an offense which requires sex or kidnapping offender registration, or is one of the following offenses, assault in the fourth degree with sexual motivation, communication with a minor for immoral purposes, custodial sexual misconduct in the second degree, failure to register, harassment, patronizing a prostitute, sexual misconduct with a minor in the second degree, stalking, or violation of a sexual assault protection order granted under chapter 7.90 RCW harassment or communication with a minor for immoral purposes. Therefore, tThe defendant shall have a biological sample collected for purposes of DNA identification analysis. RCW 43.43.754.
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Fines
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Laws of 2008, ch. 97 § 3 amended RCW 43.43.7541 as follows:
“Every sentence imposed under chapter 9.94A RCW for a felony crime specified in RCW 43.43.754 that is committed on or after July 1, 2002 must include a fee of one hundred dollars for collection of a biological sample as required under RCW 43.43.754, unless the court finds that imposing the fee would result in undue hardship on the offender…”
To Implement this new law, in the fine section, in the left-hand column, below the check box for “jail recoupment fee” and above the check box for “restitution to” insert the following new check box options:
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