July 17, 2002

On July 2, 2002, the Supreme Court approved the following amendments to the CrR 4.2(g) and JuCR 7.7 guilty plea forms and attachments"

1. CrR 4.2(g) GUILTY PLEA FORMS AND ATTACHMENT.
   1. CrR 4.2(g), Statement of Defendant on Plea of Guilty to Non-Sex Offense.

      1. Paragraph 6(f)

         a) For crimes committed prior to July 1, 2000:

         Change the end of the last sentence from "...I will have restrictions placed on my activities" to "...I will have restrictions and requirements placed upon me."

         b) For crimes committed on or after July 1, 2000:

         In the paragraph below the Community Custody Range table, change the end of the first sentence from "...I will have restrictions placed on my activities" to "...I will have restrictions and requirements placed upon me."

         Both changes, and similar changes to the sex offender guilty plea indicated below, reflect that the court may impose restrictions and affirmative conduct requirements.

      2. New paragraph 6(l):

         Pursuant to RCW 43.43.754 as amended by Ch. 289 L 2002 § 2, all persons convicted of a felony must have a biological sample collected for purposes of DNA identification analysis. Pursuant to Ch. 289 L 2002 § 4, an adult who commits a felony on or after July 1, 2002, will be required to pay a $100 DNA collection fee. To implement these changes, former optional paragraph "6(o)" is deleted and the following new mandatory condition paragraph 6(l) is inserted immediately above the instructions regarding "NOTIFICATION RELATING TO SPECIFIC CRIMES:"

         (l) I understand that I will be required to have a biological sample collected for purposes of DNA identification analysis. For offenses committed on or after July 1, 2002, I will be required to pay a $100 DNA collection fee.

         Former paragraphs 6[l], [m] and [n] are renumbered as paragraphs 6[m], [n] and [o].

      3. New paragraph 6[o], regarding sex offender registration.

         Change the last sentence as follows: "The specific registration requirements are set forth in the "Offender Registration Attachment. "A."

      4. Former Paragraph 6[o], regarding DNA identification analysis is deleted.

      5. Paragraph 6[x].

         Change the reference to paragraph 6[l] to 6[m].

      6. Paragraph 12.

         Change the reference to "Attachment `A'" to "`Offender Registration' Attachment."

   2. CrR 4.2(g), Statement of Defendant on Plea of Guilty to Sex Offense.

      1. Paragraph 6(f):

         a) For sex offenses committed prior to July 1, 2002:

         Change the end of the last sentence from "...I will have restrictions placed on my activities" to "...I will have restrictions and requirements placed upon me."

         b) For sex offenses committed on or after July 1, 2000 but prior to September 1, 2001:

         Change the end of the last sentence from "...I will have restrictions placed on my activities" to "...I will have restrictions and requirements placed upon me."

         c) Paragraph 6(f)(i) For crimes committed on or after September 1, 2001:

         i) In the sixth line, change "Sentencing" to "Sentence."

         ii) Change the middle of the last sentence from "...I will have restrictions placed on my activities" to "...I will have restrictions and requirements placed upon me...."

         d) Paragraph 6(f)(ii) For crimes committed on or after September 1, 2001:

         Change the end of the last sentence from "...I will have restrictions placed on my activities" to "...I will have restrictions and requirements placed upon me.

      2. Paragraph 6(l), regarding sex offender registration.

         Change the last sentence as follows: "The specific registration requirements are set forth in the "Offender Registration Attachment. "A".

      3. Paragraph 6(m).

         To implement the changes required by Ch. 289 L 2002 §§ 2 and 4, described in section I. A. 1, change paragraph 6(m) as follows:

         (m) I will be required to provide a sample of my blood have a biological sample collected for purposes of DNA identification analysis. For offenses committed on or after July 1, 2002, I will be required to pay a $100 DNA collection fee.

      4. Paragraph 6[p].

         a) For offenses committed before September 1, 2001:

         In the eighth line, after "sex offender treatment;" insert "I will have restrictions and requirements placed upon me..."

         b) For offenses committed on or after September 1, 2001:

         Beginning in the tenth line, after "sex offender treatment;" insert "I will have restrictions and requirements placed upon me..."

      5. Paragraph 6[t].

         Change the reference to paragraph 6[l] to 6[o].

      6. Paragraph 12.

         Change the reference to "Attachment `A'" to "`Offender Registration' Attachment."

   3. CrR 4.2(g), "Offender Registration" Attachment "A".
      1. Name of the attachment:

         Change the name of the attachment as indicated above. Change the footer to: "STATEMENT ON PLEA OF GUILTY ("Offender Reg." Attachment "A")"

      2. Add citations to footer:

         Insert the following citations in the footer after the date: "RCW 10.01.200, 9A.44.130."

      3. Introductory information:

         To avoid the need to continually update the attachment whenever the paragraph relating to sex offender and kidnapping offender registration is renumbered, delete the paragraph reference after " `OFFENDER REGISTRATION' ATTACHMENT:"

      4. Second paragraph:

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

      5. Date Line:

         Insert a date line to the left of the defendant's signature line.

2. JUCR 7.7
   1. JuCR 7.7, Statement on Plea of Guilty.
      1. Paragraph 4.

         Modify paragraph 4 so there are two spaces in which to write the count and the elements of the crime as follows:

         I understand that I am charged with Count 1_________________
         __________________________________________________,

         The elements of which are ______________________________
         and that the elements are________________________________
         ___________________________________________________;

         Count 2_____________________________________________
         ___________________________________________________,

         The elements of which are _______________________________
         ___________________________________________________

      2. Paragraph 7.

         Chapter 175 Laws of 2002 changed the term "community service" to "community restitution" in the criminal context. To implement this change:

         a. In the "Local Sanctions" table, change "community service" to "community restitution."

         b. In the second paragraph after the "Juvenile Rehabilitation Administration (JRA) Commitment" table, change "community service" to "community restitution."

      3. Paragraph 12[B], relating to suspension/revocation of driving privilege for driving offenses.

         A person's driving privilege may be revoked for any felony in the commission of which a motor vehicle was used. RCW 46.20.285(4). To implement this consequence, change paragraph 12[B] by inserting "any felony in the commission of which a motor vehicle was used" after "I am pleading guilty to" and before "reckless driving."

      4. Paragraph 12[C], regarding sex offender registration.

         Change paragraph 12[C] as follows:

         OFFENDER REGISTRATION FOR SEX OFFENSE OR KIDNAPPING OFFENSE: Because this crime involves a sex offense, or a kidnapping offense involving a minor, or 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 where I reside, study or work. The specific registration requirements are set forth in the "Offender Registration" Attachment "A."

         Since the JuCR 7.7 guilty plea form is used for both felony and misdemeanor level crimes, the misdemeanor crimes are added to the paragraph to clarify that the registration requirements would apply to the individually listed crimes as well as to sex offenses or kidnapping offenses.

      5. Paragraph 12[D].

         To implement the changes required by Ch. 289 L 2002 §§ 2 and 4, described in section I. A. 1, change paragraph 12[D] as follows:

         [D] DNA TESTING: If this crime involves a sex offense or a violent offense felony or stalking, harassment or communication with a minor for immoral purposes, I will be required to provide a sample of my blood have a biological sample collected for purposes of DNA identification analysis. RCW 43.43.754.

      6. Paragraph 12[I], relating to FEDERAL BENEFITS.

         Delete the following information from paragraph 12[I]:

         "...If I am pleading guilty to any drug offense, my education benefits will be affected, a well. 20 U.S.C. § 1091(r)."

      7. Interpreter's Declaration.

         Insert an "Interpreter's Declaration" at the end of the guilty plea form.

   2. JuCR 7.7, "Offender Registration" Attachment "A".
      1. Name of the attachment:

         Change the name of the attachment as indicated above. Change the footer to: "STATEMENT ON PLEA OF GUILTY ("Offender Reg." Attachment "A")"

      2. Add citations to footer:

         Insert the following citation in the footer: "RCW 10.01.200."

      3. Change introductory information.

         To avoid the need to update the attachment whenever the paragraph in the plea form relating to sex offender and kidnapping offender registration is renumbered, delete "Paragraph 12(C):" after " `OFFENDER REGISTRATION' ATTACHMENT:"

      4. Second paragraph:

         In the fifth line, change "carry out" to "carry on."

      5. Date line:

         Insert a line for the date next to the line for the respondent's signature.