Criminal JurisdictionENFORCEMENT OF RESTITUTION ORDERS
SHB 1117 (D, M)
Chapter 115, Laws 2001
Clarifies that court of limited jurisdiction restitution orders can be enforced as civil judgments without filing in superior court.
Provides authorization to vacate records of misdemeanor convictions and generally prohibits dissemination of vacated records. Special rules are provided with regard to vacation of records of convictions for domestic violence misdemeanor offenses.
ESCAPE FROM CUSTODY
Revises the offenses of escape and bail jumping. Adds the culpability element of knowledge and creates an affirmative defense the crime of escape. Expands and creates an affirmative defense to the crime of bail jumping. Repeals the specific failure- to- return statutes. Requires a law enforcement agency to deliver a person in custody to agents of a demanding state without a warrant when certain requirements are met. Redefines the statute relating to escape in the second degree.
Makes refusal to submit to a test of drug or alcohol concentration admissible into evidence.
Increases the penalty for hit-and-run driving resulting in death. The seriousness level is increased from Level VIII to Level IX. The presumptive sentence range for someone with no criminal history will be 31 to 41 months. The purpose of this change is for this offense to have the same seriousness level as a vehicular homicide committed while under the influence of alcohol.
Makes if unlawful for a person to knowingly: 1. Apply for a digital signature certificate in someone else's name; 2. Forge a digital signature; and 3. Use another person's digital signature certificate as identification to gain access to or engage in a transaction for which the person is not authorized. A violation of these provisions is a class C felony that carries a penalty of up to five years in prison or a fine up to $10,000, or both.
Expands the definition of the crime of identity theft, increases the potential penalties, requires businesses to assist victims by providing access to information and allows the court to enter orders requiring the correction of the victim's financial records. Makes the crime of identity theft actionable under the Criminal Profiteering Act. Restricts contact by collection agencies with identity theft victims regarding debts that may be the result of an alleged identity theft. The victim is required to provide the agency with specified information substantiating the victim's claim that the debt is the result of an identity theft. Requires credit-reporting agencies to omit certain information from a credit report upon showing by the victim of an alleged identity theft that the credit information may be the result of such a theft.
Change criminal law table to reflect changes.
Effective: July 22, 2001 except section 5, which becomes effective April 1, 2004.
Clarifies that requirement to drive only motor vehicles equipped with ignition interlock devices may not be suspended.
Extends period in which blood alcohol level is relevant to sentencing to two hours after physical control or operation of the motor vehicle.
Extends the right to request a postconviction DNA test to all persons convicted of a felony and currently serving a term of imprisonment. Current law only permits such tests for those sentenced to death or those serving a term of life imprisonment without the possibility of parole. Requests are made to the prosecutor in the county in which the conviction ocurred. Requests that are denied may be appealed to the Attorney General. Any biological material that is secured in connection with a criminal case before the effective date of this act may not be destroyed before January 1, 2005.
Authorizes limited jurisdiction courts to toll the probation term of misdemeanor and gross misdemeanor defendants who fail to appear for any court hearing. The tolling continues until the defendant appears in court and makes his or her presence known to the court.
Also authorizes municipal courts to revoke suspended sentences at any time before an order terminating probation is entered.
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