TO:

District and Municipal Court Judges and Commissioners, Court Administrators, Prosecuting Attorneys, Defense Attorneys and Law Libraries

FROM:

Merrie Gough, Senior Legal Analyst

SUBJECT:

AMENDMENTS TO THE CrRLJ 4.2(g) AND (i) FORMS

III.

A.

CrRLJ 4.2(g) Statement of Defendant on Plea of Guilty

In paragraph 6(j), delete “I understand that” at the beginning of the first sentence.

Laws of 2009, ch. 333, §§ 1, 2, 16, address the consequences for violations of Title 77, fish and wildlife. To address revocation or suspension of fish and wildlife privileges, add the following section to paragraph 6:

[ ] (k) If this crime involves a violation of Title 77, the Department of Fish and Wildlife may, and in some cases shall, suspend or revoke my privileges.

Renumber paragraph “6(k)” as “6(l).”

Laws of 2009, ch. 181, § 2 amends RCW 46.25.010(7) by adding to the definition of “conviction” “entry into a deferred prosecution program under chapter 10.05 RCW.”

(7) "Conviction" means an unvacated adjudication of guilt, or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or by an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, entry into a deferred prosecution program under chapter 10.05 RCW, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated. [italics added]

Pursuant to RCW 46.25.090, a person who is convicted of certain offenses is disqualified from driving a commercial motor vehicle for the period specified in RCW 46.25.090. If someone is adjudicated guilty, pleads guilty, or enters into a deferred prosecution for one of the offenses listed in RCW 46.25.090, the person is disqualified from driving a commercial motor vehicle.

To implement RC 46.25.010(7) and .090, add the following as a new sub-paragraph in paragraph 6 of the guilty plea:

[ ] (m) This plea of guilty is considered a conviction under RCW 46.25.010 and I will be disqualified from driving a commercial motor vehicle. RCW 46.25.090. I am required to notify the Department of Licensing and my employer of this guilty plea within 30 days after the judge signs this document. RCW 46.25.030.

Renumber the remaining paragraphs.

In paragraph 6(o), delete “I understand that” at the beginning of the sentence.

In paragraph 6(q), after “Travel Restrictions,” delete “I understand that.”

III.

B.

CrRLJ 4.2(i) Petition for Deferred Prosecution

Change the first paragraph, as follows:

“Comes Now I am the defendant in this case and I petitions the court for deferred prosecution pursuant tounder RCW Chapter 10.05, . I make the following statement in support of my petition and states as follows:”

In paragraph 1, delete “I allege” at the beginning of the sentence.

In paragraph 2, after “probability” delete “of future recurrence is great” and replace it with “is great that I will offend again.”

In paragraph 3, after “pay” and before “the cost,” delete “for.” Also, after “if” and before “financially,” insert “I am.”

In paragraph 6, insert “I have filed” at the beginning of the sentence and change the “a” to lower case; delete “have been filed;” and delete “pursuant to” and replace it with “as required by.”

In paragraph 7, at the beginning of the first sentence, delete “I understand and acknowledge.” In “(c)” after “to” and before “a speedy,” insert “have.” In “(h)”, after “is” and before “beyond,” delete “proven” and replace it with “(are) proved.” Change the last sentence in the paragraph as follows:

“By deferring prosecution on these charges, I understand I give up my right to: (a) a speedy trial; (b) a jury; (c) testifytestimony on my own behalf; an opportunity to (d) call and (e) question witnesses;(e) call witnesses; and (f) present evidence or a defense.”

Change paragraph 8, as follows:

“I stipulate agree that to the admissibility and sufficiency of the facts as reported in the attached police reports are admissible evidence and are sufficient to support a conviction. I acknowledge that the above items will be entered and used to support a finding of guilty if the deferred prosecution is revoked.”

In paragraph 9, after “guilty,” delete “I understand that.”

In paragraph 10, at the beginning, delete “I understand that” and change the “i” in “if” to upper case.

In paragraph 11, at the beginning, delete “I understand that” and change the “f” in “for” to upper case.

To implement Laws of 2009, ch. 181, § 2 which amends RCW 46.25.010(7), as noted above, in paragraph 12, in the first sentence, delete “I understand that” and insert the following:

“….If the court defers prosecution on any crime that would be a violation of state law or local ordinance relating to motor vehicle traffic control, I will be disqualified from driving a commercial motor vehicle for the period specified in RCW 46.25.090 and, if I drive a commercial motor vehicle holding a license issued by Washington State, I will be required to notify the Department of Licensing and my employer of this deferred prosecution within 30 days of the judge granting this petition. RCW 46.25.030….”

After the citation to RCW 46.25.030, add a period. Begin the second sentence with “If the court grants this Petition….” At the beginning of the third sentence, delete “I understand that” and change the “i” in “if” to upper case.

In paragraph 13, delete “I understand that” at the beginning and change the “i” in “if” to upper case. Also change the “p” in “petition” to lower case.

In paragraph 14, delete “I understand that” and change the “i” in “if” to upper case.

In paragraph 15, delete “I understand that” and replace it with “The court will dismiss.” After “case” and before “three,” delete “will be dismissed.” In the last sentence, change “my petition for deferred prosecution” to “this petition.”

III.

C.

CrRLJ 4.2(i) Petition for Deferred Prosecution of Criminal Mistreatment Charge

Change the first paragraph, as follows:

“Comes Now I am the defendant in this case and I petitions the court for deferred prosecution of a criminal mistreatment charge pursuant tounder RCW Chapter 10.05, . Following are my statement in support of this petition and states as follows:”

In paragraph 9, delete “pursuant to” and replace it with “as required by.”

In paragraph 10, at the beginning of the first sentence, delete “I understand and acknowledge.” In “(c)” after “to” and before “a speedy,” insert “have.” In “(h)”, after “is” and before “beyond,” delete “proven” and replace it with “(are) proved.” Change the last sentence in the paragraph as follows:

“By deferring prosecution on these charges, I understand I give up my right to: (a) a speedy trial; (b) a jury; (c) testify on my own behalf; (d) call and
(e) question witnesses;(e) call witnesses; and (f) present evidence or a defense.”

Change paragraph 11, as follows:

“I agree stipulate to the admissibility and sufficiency of that the facts as reported in the attached police reports are admissible in evidence and are sufficient to support conviction for the charged crime(s). I acknowledge that the above items will be entered and used to support a finding of guilty if the deferred prosecution is revoked.”

In paragraph 12, after “guilty,” delete “I understand that.”

In paragraph 13, at the beginning, delete “I understand that” and change the “i” in “if” to upper case.

To implement Laws of 2009, ch. 181, § 2 which amends RCW 46.25.010(7), as noted above, in paragraph 14, in the first sentence delete “I understand that” and insert the following:

“….If the court defers prosecution on any crime that would be a violation of state law or local ordinance relating to motor vehicle traffic control, I will be disqualified from driving a commercial motor vehicle for the period specified in RCW 46.25.090, and if I drive a commercial motor vehicle holding a license issued by Washington State, I will be required to notify the Department of Licensing and my employer of this deferred prosecution within 30 days of the judge granting this petition. RCW 46.25.030….”

Add a period after the citation to RCW 46.25.030. Begin the second sentence with “If the court grants this petition….” Start the third sentence with “If.”

In paragraph 15, delete “I understand that” at the beginning and change the “i” in “if” to upper case. Also, change the “p” in “petition” to lower case.

In paragraph 16, delete “I understand that” and change the “i” in “if” to upper case.

In paragraph 17, delete “I understand that” and change the “i” in “if” to upper case. After “petition” delete “for deferred prosecution.” After “the” and before “charge(s),” insert “court will dismiss the.” After “case” and before “when,” delete “will be dismissed.”