CrRLJ 3.2 - Release of Accused

• Proposed Changes to CrRLJ 3.2 - Release of Accused (in Word Format)
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GR 9 COVER SHEET
Suggested Amendment to
WASHINGTON STATE COURT RULES:
CRIMINAL RULES FOR COURTS OF LIMITED JURISDICTION
Amend CrRLJ 3.2(o): Release of Accused; Bail in Criminal Offense Cases--Mandatory Appearance
Submitted by the District & Municipal Courts Judges Association

A. Name of Proponent: District & Municipal Courts Judges Association

B. Spokesperson: Judge David Steiner, Acting President

DMCJA

C. Purpose: CrRLJ 3.2 governs issues regarding release of accused persons in courts of limited jurisdiction. Subsection (o), pertaining to bail in criminal offenses and mandatory appearance, provides:

(1) When required to reasonably assure appearance in court, bail for a person arrested for a misdemeanor shall be $500 and for a gross misdemeanor shall be $1,000. In an individual case and after hearing the court for good cause recited in a written order may set a different bail amount.

(2) A court may adopt a local rule requiring that persons subjected to custodial arrest for a certain class of offenses be held until they have appeared before a judge.

In 2010, the Supreme Court adopted amendments to CrRLJ 3.2 to delete the bail forfeiture schedule for certain types of offenses. Those amendments went into effect in 2012. At that time, the $500 bail for misdemeanors and the $1,000 bail for gross misdemeanors were added. These amounts have not been amended since they went into effect.

The 2014 Legislature enacted SB 6413, which amended RCW 10.31.100 and added a new subsection (16) addressing when a police office may arrest without a warrant. The new subsection provides:

A police officer shall arrest and keep in custody, until release by a judicial officer on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that the person has violated RCW 46.61.502 or RCW 46.61.504 or an equivalent local ordinance and the police officer has knowledge that the person has a prior offense as defined in RCW 46.61.5055 within ten years.

A complete copy of the bill is provided below. RCW 46.61.502 involves the offense of Driving While Under the Influence (DUI) and RCW 46.61.504 involves the offense of Physical Control While Operating a Vehicle While Under the Influence (Physical Control).

The requirement for mandatory arrest and keeping the person in custody until a judicial officer sets bail or permits release on personal recognizance or court order for a second or subsequent DUI or Physical Control offense is not covered by the current bail rule. While CrRLJ 3.2(o)(2) allows courts of limited jurisdiction to enact a local rule for a certain “class of offenses”, a second or subsequent DUI or Physical Control arrest is still within the same class of offense, gross misdemeanor offenses. The new amendment makes clear it is the intent of the Legislature that persons arrested for DUI or Physical Control, who have a defined “prior offense” within ten years, are to be arrested by the police and held in custody until a judicial officer sets bail or orders release. The uniform bail schedule contained in CrRLJ 3.2(o)(2) does not contemplate these circumstances.

The DMCJA is requesting that CrRLJ 3.2(o) be amended to reflect this legislative amendment, by amending subsection (1) and adding a new subsection (3) to read as follows:

(1) Except as provided in subsection (2) or (3) below, Wwhen required to reasonably assure appearance in court, bail for a person arrested for a misdemeanor shall be $500 and for a gross misdemeanor shall be $1,000. In an individual case and after hearing the court for good cause recited in a written order may set a different bail amount.

(2) [no change]

(3) Pursuant to RCW 10.31.100, a police officer shall arrest and keep in custody, until release by a judicial officer on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that the person has violated RCW 46.61.502 (Driving Under the Influence) or RCW 46.61.504 (Physical Control of a Vehicle Under the Influence) or an equivalent local ordinance and the police officer has knowledge that the person has a prior offense as defined in RCW 46.61.5055 within ten years.

The amendment to RCW 10.31.100 became effective July 12, 2014. Therefore, the DMCJA requests that this proposed amendment be considered as expeditiously as possible.

D. Hearing: A hearing is not requested.

E. Expedited Consideration: Expedited consideration is requested as the relevant legislation has already gone into effect.