July 17, 2002

TO:	All Judges, Court Administrators, Prosecuting Attorneys, Defense Attorneys and Law Libraries
FROM:	Merrie Gough, Legal Analyst
SUBJECT:	CrRLJ 4.2(g) GUILTY PLEA - 2002 LEGISLATIVE CHANGES

On July 2, 2002, the Supreme Court adopted the following amendments to the CrRLJ 4.2(g) guilty plea form and attachments:

1. CrRLJ 4.2(g) Statement of Defendant on Plea of Guilty
   1. Paragraph 6(a)

      In paragraph 6(a) change "monetary penalty" to "fine."

   2. Paragraph 6(g)

      In paragraph 6(g), at the end of the first sentence, delete "monetary penalty" and replace it with "fine plus costs and assessments."

   3. Paragraph 6(i)

      In paragraph 6(i), delete the last sentence: "If I have a driver's license, I must now surrender it to the judge."

   4. Paragraph 6(l)

      In paragraph 6(l), in the first penalties check box option, change the reference to "Attachment `A'" to "`DUI' Attachment."

   5. Paragraph 6(m)

      Change paragraph 6(m) of the guilty plea as follows:

      I understand that if this crime involves sexual misconduct with a minor in the second degree, communication with a minor for immoral purposes, or attempt, solicitation or conspiracy to commit a sex offense, or a kidnapping offense involving a minor as defined in RCW 9A.44.130, I will be required to register with the county sheriff as described in the "Offender Registration" Attachment "B".

      The first change implements Chapter 31 Laws 2002, which restores sex offender registration requirements for defendants convicted of communication with a minor for immoral purposes. Chapter 31 Laws of 2002 amended RCW 9A.44.130(9)(a), containing the definition of "sex offense" for registration requirements, by adding a new subsection "(iii)":

      9A.44.130(9)(a)(iii) "Any violation under RCW 9.68A.090 (communication with a minor for immoral purposes)..."

      Pursuant to RCW 10.01.200, the court must give written notice of the sex offender registration requirements to defendants in guilty plea forms and in judgment and sentence forms. The exact language is:

      The court shall provide written notification to any defendant charged with a sex offense or kidnapping offense of the registration requirements of RCW 9A.44.130. Such notice shall be included on any guilty plea forms and judgment and sentence forms provided to the defendant.

      The second change reflects the change to the title of the attachment containing the sex offender and kidnapping offender registration requirements. The reference is changed from "Attachment `B'" to "`Offender Registration' Attachment."

   6. Paragraph 6(n)

      Add the following new paragraph 6(n):

      [ ]n If this crime involves stalking, harassment or communication with a minor for immoral purposes, I will be required to have a biological sample collected for purposes of DNA identification analysis. RCW 43.43.754.

      This new paragraph is based upon Chapter 289 Laws of 2002 (SHB 2468) § 2 which amended RCW 43.43.754 to read as follows:

      1) 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 9.68A.090, or adjudicated guilty of an equivalent juvenile offense must have a biological sample collected for purposes of DNA identification analysis ......."

      This law applies to anyone who enters a guilty plea for a felony or for one of the gross misdemeanors listed above after July 1, 2002, regardless of when the person committed their crime.

2. CRRLJ 4.2(g) Guilty Plea, "DUI" Attachment
   1. Attachment Title

      Change the title of the attachment from "Attachment `A'" to "`DUI' Attachment." Make the same change to the parenthetical phrase in the footer.

   2. Introductory Information

      Delete "Paragraph 6(k)" after the title "`DUI' Attachment" and before "driving under the influence......"

   3. DUI Sentencing Grid

      The Public Safety and Education Assessment (PSEA) required pursuant to RCW 3.62.090 applies to the Local Government Criminal Justice Funding penalty mandated by RCW 46.64.055. The Local Government Criminal Justice Funding penalty and the PSEA combined are $80.00. On the second page of the "DUI" Attachment in parenthetical phrases in each Fine column, the amount of the total minimum fine/w statutory assessments is increased by $30.00. With this change, the dollar amounts reflect both the $50.00 Local Government Criminal Justice Funding penalty and the additional $30.00 PSEA. The following are excerpts from the "DUI" Attachment showing the changes to the dollar amounts for the total minimum fines with statutory assessments:

      Alcohol Concentration Less Than .15 or No Test Result

      Fine

      $350-$5,000 ($735765 total minimum fine w/statutory assessments****)

      $500-$5,000 ($9751,005 total minimum fine w/statutory assessments****)

      $1,000-$5,000 ($1,7751,805 total minimum fine w/statutory assessments****)

      Alcohol Concentration At Least .15 or Greater Or Test Refusal

      Fine

      $500-$5,000 ($975 1,005 total minimum fine w/statutory assessments****)

      $750-$5,000 ($1,3751,405 total minimum fine w/statutory assessments****)

      $1,500-$5,000 ($2,575 2,605 total minimum fine w/statutory assessments****)

   4. Local Government Criminal Justice Funding Penalty

      Revise the information regarding the Local Government Criminal Justice Funding penalty as follows:

      **** Local Government Criminal Justice Funding Penalty: Effective July 22, 2001, the court must impose an additional local government criminal justice funding penalty of $50.00. RCW 46.64.055. PSEA applies.

3. CrRLJ 4.2(g), "Offender Registration" Attachment
   1. Change the Name of the Attachments

      Change the name of the sex offender and kidnapping offender registration attachment from "Attachment `B'" to " `Offender Registration' Attachment." Change the parenthetical phrase in the footer as follows:

      STATEMENT ON PLEA OF GUILTY ("Offender Reg" Attachment "B")

   2. Add Citation to Footer

      Insert "RCW 10.01.200" in the footer after "CrRLJ 4.2(g)."

   3. Introductory Information

      1. To implement Chapter 31 Laws of 2002, change the "Offender Registration" Attachment as follows:

         a). Change the initial descriptive sentence as follows:

         "OFFENDER REGISTRATION" ATTACHMENT: Paragraph 6 (m); sexual misconduct with a minor in the second degree, communication with a minor for immoral purposes, a sex offense, or a kidnapping offense involving a minor, as defined in RCW 9A.44.130.

         b. Change the first sentence in the first paragraph as follows:

         Because this crime involves sexual misconduct with a minor in the second degree, communication with a minor for immoral purposes, or attempt, solicitation or conspiracy to commit a sex offense, or a kidnapping offense involving a minor as defined in RCW 9A.44.130, I will be required to register with the sheriff of the county of the state of Washington where I reside.

      2. Reference to paragraph in the guilty plea text.

         To eliminate the need to update the "Offender Registration" Attachment every time the paragraph in the guilty plea relating to sex offender and kidnapping offender registration is renumbered, delete "paragraph 6(m)" after " `OFFENDER REGISTRATION' ATTACHMENT" and before "sexual misconduct with a minor....."

   4. Second Paragraph

      In the fourth line of the second paragraph, change "carry out" to "carry on."

   5. Date Line

      As a general improvement to the form, add a "Date" line to the second page of the "Offender Registration" Attachment next to the defendant's signature line.

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