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July 19, 2007
TO: All Judges, Court Administrators, Prosecuting Attorneys,
Defense Attorneys and Law Libraries
FROM: Merrie Gough, Senior Legal Analyst
SUBJECT: SUMMARY OF AMENDMENTS TO THE CrRLJ 4.2(g) GUILTY PLEA ATTACHMENTS
On July 11, 2007, the Washington State Supreme Court adopted amendments to the CrRLJ 4.2(g) guilty plea “DUI” Attachment and “Offender Registration” Attachment. The amendments become effective when they are published in the Official Advance Sheets, Washington Reports, 160 Wn.2d No. 5. The anticipated publication date is July 31, 2007. The table, below, contains descriptions of the amendments, which are based upon 2006 and 2007 legislation and other suggested changes:
A.
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CrRLJ 4.2(g) “DUI” Attachment
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I.
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Laws of 2006, ch. 73, which goes into effect July 1, 2007, created a felony DUI. Laws of 2006, ch. 73, §§ 1, 2 and 3 amended RCW 46.61.502, 46.61.504 and RCW 46.61.5055 by adding a similar subsection to each statute (more detailed information is included in the summary of changes to the CrR 4.2(g) and JuCR 7.7 forms):
“A person who is convicted of a violation of RCW 46.61.502 or 46.61.504 and who has four or more prior offenses within ten years, or who has ever previously been convicted of a violation of RCW 46.61.520 committed while under the influence of intoxicating liquor or any drug or RCW 46.61.522 committed while under the influence of intoxicating liquor or any drug, shall be punished in accordance with chapter 9.94A RCW.”
Laws of 2007, ch. 474, § 1 amended RCW 46.61.5055 by adding a new subsection (12)(c):
To implement these two laws, the following amendments are proposed:
In the fourth row, amend the sentence beginning with “ ‘Within seven years’ “ as follows:
“Within seven years” or “within 10 years” means that the arrest for a prior offense(s) occurred within seven years, or within 10 years, of the arrest for the current offense. (As defined in RCW 46.61.5055)
To the right of the column heading “Alcohol Concentration Less Than .15 or No Test Result”:
Add a “●” at the end of the heading “One Prior Offense Within Past Seven Years.”
In the column heading on the far right, change “More” to “Three” and add a “●” at the end of the heading.
To the right of the column heading “Alcohol Concentration at Least .15 or Greater or Test Refusal”:
Add a “●” at the end of the heading “One Prior Offense Within Past Seven Years.”
In the column heading on the far right, change “More” to “Three” and add a “●” at the end of the heading.
Below “**** Statutory Assessments:….”, insert the following new text:
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B.
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CrRLJ 4.2(g) “Offender Registration” Attachment
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In paragraph 5, delete “(Effective September 1, 2006)” and “If I am enrolled on September 1, 2006, I must notify the sheriff immediately.”
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