HomeMy WebLinkAboutORD 3574 CITY OF RENTON , WASHINGTON
ORDINANCE NO . 3574
AN ORDINANCE OF THE CITY OF REN' -0N, WASHINGTON
ADOPTING STATE STATUTE BY REFERENCE RELATING
TO PROBABLE CAUSE FOR ARREST
THE CITY COUNCIL OF THE CITY OF RENTON , WASHINGTON
DO ORDAIN AS FOLLOWS :
SECTION I : Whereas not less than three (3 ) printed
copies in book form of Chapter 106 , Laws of 1981 and Title
10 RCW have heretofore been filed and are now on file in the
office of the City Clerk of the City of Renton for use and
examination by the general public ; now therefore Chapter
106 , Laws of 1981 and RCW 10 . 31 . 100 are hereby adopted and
shall be in full force and effect within the City limits of
the City of Renton .
SECTION II : This Ordinance shall be effective upon its
passage , approval and thirty (30) days after it publication .
PASSED BY THE CITY COUNCIL this 14th day of September
1981 .
Delores A. Mead , CLity Clerk
APPROVED BY THE Mayor this 14th day of September , 1981 .
ocn
Barbara Y . Nhinpoch , Mayor
Approved as to form
12
Lawrence J . Warren , City Attorney
Date of Publication : September 25 , 1981
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Title 10
CRIMINAL PROCEDURE
r
Chapters Chapter 10.01
10.01 General provisions.. GENERAL PROVISIONS
10.04 Justice court procedure--Generally.
10.05 Deferred prosecution-Courts of limited Sections
jurisdiction. 10.01.030 Pleadings Forms abolished.
10.07 Justice court forms. 10.01.040 Statute;- Repeal or amendment-Saving clause
10.10 Criminal appeals from justice courts. presumed.
10.13 Proceedings to keep the peace. 10.01.050 Convictions Necessary before punishment.
10.01.060 Conviction-Requisites- Waiver of jury trial.
10.16 Preliminary hearings. 10.01.070 Corporations-Amenable to criminal process-
10.19 Bail and appearance bonds. How.
10.22 Compromise of misdemeanors. 10.01.080 Corporations-Appearance by-Presence in
10.25 Jurisdiction and venue. court presumed.
10.01.090 Corporations Judgment against.
10.27 Grand juries-Criminal investigations., 10.01.100 Corporations-Penalties Fines in lieu of other
10.31 Warrants and arrests, punishments.
10.34 Fugitives of this state. 10.01.110 Counsel-Right to-Fees.
10.37 Accusations and their requisites. 10.01.113 Indigent party-State to pay costs and fees inci-
dent to review by supreme court or court of appeals.
10.40 Arraignment. 10.01.120 Pardons-Reprieves-Commutations.
10.43 Former acquittal or conviction. 10.01.130 Witnesses'fees.
10.46 Superior court trial. 10.01.140 Mileage allowance-Jurors- Witnesses.
10.49 Trial juries. 10.01.150 Charges arising from official acts of state officers or
10.52 Witnesses Generally. employees Defense by attorney general.
10.01.160 Costs-What constitutes Payment by convicted
10.55 Witnesses outside the state(Uniform act). defendant-Procedure-Remission.
10.58 Evidence. 10.01.170 Fine or costs-Payment within specified time or
10.61 Verdicts. installments.
10.01.180 Fine or costs-Default in payment-Enforce-
10.64 Judgments and sentences. ment procedure-Contempt-Commitment for
10.67 New trials. failure to pay-Collection procedure.
10.70 Commitments and executions. Chronic alcoholics private establishment:Chapter 71.12 RCW.
10.73 Criminal appeals. Double jeopardy:State Constitution Art. 1§9.
10.77 Criminally insane Procedures. Excessive bail or fines, cruel punishment prohibited:State Constitu-
10.79 Searches and seizures, tion Art. 1§14.
10.82 Collection and disposition of fines and Habeas corpus:State Constitution Art. 1§13.
costs. Indians, jurisdiction in criminal and civil causes: Chapter 37.12
10.85 Rewards. RCW.
10.88 Uniform criminal extradition act. Lakeland village, Rainier school, superintendent exempt from jury
pursuit. duty:RCW less:Cho.
10.89 Uniform act on fresh p Mental illness:Chapter 71.05 RCW.
10.91
Uniform rendition of accused persons act. Psychopathic delinquents, procedures, hospitalization, eta: Chapter
10.94 Death penalty. 71.06 RCW.
10.97 Washington state criminal records privacy Public defender:Chapter 36.26 RCW.
act. Right to bail:State Constitution Art. i§20.
1099 Domestic violence-Official response. Right to trial by jury:State Constitution Art. 1121.
Criminal justice training commission-Education and training Rights of accused persons:State Constitution Art. 1122.
boards:Chapter 43.101 RCW. Sexual psychopaths,procedures as to:Chapter 71.06 RCW.
Criminal rules for superior court:Rules of court:Criminal Rules for
Superior Court(CrR). 10.01.030 Pleadings Forms abolished. All the
Justice without unnecessary delay:State Constitution Art. l § 10. forms of pleading in criminal actions heretofore existing,
Mental illness-Financial responsibility:Chapter 71.02 RCW. are abolished; and hereafter, the forms of pleading, and
Oaths and mode of administering:State Constitution Art. 1§6. the rules by which the sufficiency of pleadings is to be
Victims of crimes,compensation:Chapter 7.68 RCW. determined, are those prescribed herein. [Code 1881 §
1002; 1873 p 224 § 185; 1869 p 240 § 180; RRS §
2022.]
10.01.040 Statutes Repeal or amendment
Saving clause presumed. No offense Committed and no
[Title 10 RCW(1979 Ed,)--p Il
10.01.040 Title 10 RCW: Criminal Procedure
penalty or forfeiture incurred previous to the time when municipal judge, shall be issued, which, together
any statutory provision shall be repealed, whether such copy of said complaint, shall be delivered to the heri�
repeal be express or implied, shall be affected by such at once and by him forthwith served as herein 'd�
repeal, unless a contrary intention i
in the repealing acts expressly declared [1911 c 29 § 1; RRS § 2011-1.] Prowtnlf
, and no prosecution for any offense,
or for the recovery of any penalty or forfeiture, pending 10.01.080 Corporations—Appearance
at the time any statutory provision shall be repealed, Presence in court presumed. Upon such service
ppearance by,
whether such repeal be express or implied, shall be af- being
fected by such repeal, but the same shall proceed in all ated, by one ocorf its officers ration aor ll by counsel;and
time desig-
respects, as if such provision had not been repealed, un- appearance, and thereafter, nd upon such
less a contrary intention ereaf
Y tion is expressly ter the
p essly declared in the re- same course shall
pealing pursued, as n be
earance of
P g act. Whenever P earl as mupon the
e er any criminal or penal statute an individual to indictment, infomation or P complaint
shall be amended or repealed, all offenses committed or and warrant charging him with the same offense.
penalties or forfeitures incurred while it was in force failure of the corporation to make such appearance UPOd
shall be punished or enforced as if it were in force not- said
withstanding such amendment or repeal, unless a�con- court shall cause to be entered a plea of "not guilty,,
trary intention is expressly declared in the amendatoryand upon appearance made or plea entered the corpora-
or repealing act, and every such amendatory or repealincourt tion suntil hall the case e hall be finald forthwith ly disposed of.i[191 in
statute shall be so construed as to save all criminal and 29 § 2; RRS § 2011-2.1
[ 1 c
penal proceedings, and proceedings to recover forfei-
tures, pending at the time of its enactment, unless a Rides of court.
This section superseded by CrR 3.4. See comment
contrary intention is expressly declared therein. [1901 after CrR 3.4.
ex.s. c 6 § 1; RRS § 2006.]
10.01.090 Corporations Judgment against. If the
10.01.050 Convictions—Necessary before punish- corporation shall be found guilty and a fine imposed, it
went. No person charged with any offense against the shall be entered and docketed by the clerk, or justice of
law shall be punished for such offense, unless he shall the peace or municipal judge as a judgment against the
corporation, and it shall be of the same force and effect
have been duly and legally convicted thereof in a court
having competent jurisdiction of the case and of the and be enforced against such corporation in the same
manner as a judgment in a civil action. [1911 c 29 § 3;
person. [Code 1881 § 770; 1854 p 76 § 6; RRS § 2118.]
RRS § 2011-3.]
10.01.060 Conviction—Requisites Waiver of
jury trial. No person informed against or indicted fora 10.01.100 Corporations Penalties—Fines in
crime shall be convicted thereof, unless by admitting the lieu of other punishments. Every corporation guilty of a
truth of the charge in his plea, by confession in open violation of any law of the state of Washington, where
court, or by the verdict of a jury, accepted and recorded the prescribed penalty is, for any reason, incapable of
by the court: Provided however, That except in capital execution or enforcement against such corporation, shall
cases, where the person informed against or indicted for be Punished by a fine of not more than ten thousand �
a crime is represented by counsel, such person may, with dollars, if such offense is a felony; or, by a fine of not
the assent of the court, waive trial b jury ,and submit to more than one thousand dollars if such offense is a gross
trial by the court. [1951 c 52 § 1; 1 09 c 249 § 57; 1891 misdemeanor; orby a fine of not more than five hun-
c 28 § 91; Code 1881 § 767; 1873 p 180 § 3; 1869 p 198 dred dollars if such offense is a misdemeanor. [1925
§ 3; 1859 p 105 § 3; 1854 p 76 § 3; RRS § 2309.1
ex.s. c 101 § 1; RRS § 2011-4.]
Self—incriminating testimony.State Constitution Art. 1 19. 10.01.110 Counsel--Right to—Fees. Whenever
a de
ndant
10.01.070 Corporations---Amenable to criminal court, agistratelor justice ofdthe r peace ufirstppton the charge
before a
process How. Whenever an indictment or informa- that he has committed any felony, and the defendant has
tion shall be filed in any superior court against a corpo- requested the court to appoint counsel to assist in his
ration charging it with the commission of a crime, a defense, and shall by his own oath or such other proof as
summons shall be issued by the clerk of such court, may be required satisfy the court that he is unable, by
signed by one of the judges thereof, commanding the reason of poverty, to procure counsel, the court shall
ap-
sheriff forthwith to notify the accused thereof, and com- point counsel, not exceeding two, for such defendant
manding it to appear before such court at such time as Counsel so appointed shall be paid a reasonable amount
shall be specified in said summons. Such summons and a as attorney's fees together with reimbursement of
copy of the indictment or information shall be at once expenses necessarily incurred upon the court's oractual
der by
delivered by such clerk to said sheriff and by him forth- thecounty in which such proceeding is had: Provided,
with served and returned in the manner provided for That this section shall also apply to such other proceed-
service of summons upon such corporation in a civil ac- ings and at such other time as may be constitutionally
tion. Whenever a complaint against a corporation, required. [1965 c 133 § 1; 1941 c 151 § 1; 1909 c 249 §
charging it with the commission of a crime, shall be 53; Rem. Supp. 1941 § 2305.1
made before any justice of the peace or municipal judge,
a like summons, signed by such justice of the peace or Rules
me °a court: This section superseded by CrR 3.1,JCrR 2.11. See
P comment after CrR 3.1,JCrR 2.11.
[Title 10 RCW(1979 Ed.}—p 21
General Provisions 10.01.180
Severability-1965 c 133: 'If any provision of this act,or its ap- the scope of employment then the re uest shall be
plication to any person or circumstance is held invalid, the remainder q
of the act,or the application of the provision to other persons or cir- granted and the costs of defense shall be paid by the re-
cvmstances is not affected.' [1965 c 133 $ 4.1 This applies to RCW questing agency: Provided, however, If the agency head
2.32.240,4.88.330,and 10.01.110. is the person charged, then approval must be obtained
Counsel assigned to indigents:RCW 10.40.030. from both the attorney general and the state auditor. If
Defendants right to counsel, compulsory process for witnesses: the court finds that the officer or employee was per-
RCW 1s of th o. forming an official act, or was within e
Rights of the accused:State Constitution Art. 1 §22(Amendment n the scope of em-
10), ployment, and that his actions were in conformity with
the established rules, regulations, policies, and guidelines
10.01.113 Indigent party--State to pay costs and "of the state and the state agency, the cost of any mone
fees incident to review by supreme court or court of ap- tary fine assessed shall be paid from the tort claims re-
peals.See RCW 4.88.330. volving fund. [1975 1st ex.s. c 144 § 1.]
10.01.120 Pardons—Reprieves—Commutations. 10.01.160 Costs—What constitutes Payment
Whenever a prisoner has been sentenced to death, the by convicted defendant Procedure—Remission. (1)
governor shall have power to commute such sentence to The court may require a convicted defendant to pay
imprisonment for life at hard labor; and in all cases in costs.
which the governor is authorized to grant pardons or (2) Costs shall be limited to expenses specially in-
commute sentence of death, he may, upon the petition of curred by the state in prosecuting the defendant. They
the person convicted, commute a sentence or grant a cannot include expenses inherent in providing a consti-
pardon, upon such conditions, and with such restrictions, tutionally guaranteed jury trial or expenditures in con-
and under such limitations as he may think proper; and nection with the maintenance and operation of
he may issue his warrant to all proper officers to carry government agencies that must be made by the public
into effect such pardon or commutation, which warrant irrespective of specific violations of law.
shall be obeyed and executed, instead of the sentence, if (3) The court shall not sentence a defendant to pay
any, which was originally given. The governor may also, costs unless the defendant is or will be able to pay them.
on good cause shown, grant respites or reprieves from In determining the amount and method of payment of
time to time as he may think proper. [Code 1881 § costs, the court shall take account of the financial re-
1136; 1854 p 128 § 174; RRS § 2223.1 sources of the defendant and the nature of the burden
Governor's powers:State Constitution Art. 3§§9, 11. that payment of costs will impose.
(4) A defendant who has been sentenced to pay costs
Record of pardons,etc,governor to keep:RCW 43.06.020. and who is not in contumacious default in the payment
10.01.130 Witnesses' fees. No fees shall be allowed thereof may at any time petition the court which sen-
tenced him for remission of the payment of costs or of
to witnesses in criminal causes unless they shall have re- any unpaid portion thereof. If it appears to the satisfac-
ported their attendance at the close of each day's session tion of the court that payment of the amount due will
to the clerk in attendance thereon. [1895 c 10 § 1; RRS impose manifest hardship on the defendant or his imme-
§ 498, part. FORMER PART OF SECTION: 1895 c diate family, the court may remit all or part of the
10 § 2; RRS § 498, part, now codified as RCW amount due in costs, or modify the method of payment
10.01.140) under RCW 10.01.170. [1975–'76 2nd ex.s. c 96 § 1.]
Rules of court Cf. CrR 612.See comment after CrR 6.12. Commitment for failure to pay line and costs: RCW 10.70.010,
Witness fees:Chapters 2.40, 12.16 RCWW, 10.82.030.
Defendant liable for costs:RCW 10.64.015.
10.01.140 Mileage allowance—Jurors Wit- Fine and costs—Collection procedure, commitment for failure to
nesses. No allowance of mileage shall be made to a juror Pay,execution against defendants property:Chapter 10.82 RCWW,
or witness who has not verified his claim of mileage un-
der oath before the clerk of the court on which he is in 10.01.170 Fine or costs Payment within specified
attendance. [1895 c 10 § 2; RRS § 498, part. Formerly time or installments. When a defendant is sentenced to
RCW 10.01.130, part.] pay a fine or costs, the court may grant permission for
payment to be made within a specified period of time or
10.01.150 Charges arising from official acts of state in specified installments. If no such permission is in-
officers or employees—Defense by attorney general. cluded in the sentence the fine or costs shall be payable
Whenever a state officer or employee is charged with a forthwith. [1975–'76 2nd ex.s. c 96 § 2.1
criminal offense arising out of the performance of an of- Payment ofline and costs in installments:RCW 9.92.070.
ficial act which was fully in conformity with established
written rules, policies, and guidelines of the state or state 10.01.180 Fine or costs fault in payment
agency, the employing agency may request the attorney Enforcement procedure—Contempt—Commitment
general to defend the officer or employee. If the, agency for failure to pay—Collection procedure. (1) When a
finds, and the attorney general concurs, that the officer's defendant sentenced to pay a fine or costs defaults in the
or employee's conduct was fully in accordance with es- payment thereof or of any installment, the court on mo-
tablished written rules, policies, and guidelines of the tion of the prosecuting attorney or upon its own motion
state or a state agency and the act performed was within may require him to show cause why his default should
[Title 10 RCW(1979 Ed.}—p 31
10.01.180 Title 10 RCW: Criminal Procedure
not be treated as contempt of court, and may issue a Rules of court•See Criminal Rules for Justice Court(JCrR).
show cause citation or a warrant of arrest for his
appearance. 10.04.010 Arrest Issuance of warrant for, Any
(2) Unless the defendant shows that his default was justice shall, on complaint on oath in writing before him,
not attributable to an intentional refusal to obey the or- charging any person with the commission of any crime
der of the court or to a failure on his part to make a or misdemeanor, of which he has jurisdiction, issue a
good faith effort to make the payment, the court may warrant for the arrest of such person, and cause him to
find that his default constitutes contempt and may order be brought forthwith before him for trial. [Code 1881 §
him committed until the fine or costs, or a specified part 1888; 1873 p 382 § 185; 1854 p 260 § 172; RRS §
thereof, is paid. 1925.]
j (3) When a fine or assessment of costs is imposed on Rules of court. This section superseded by JCrR 2.02.See comment
a corporation or unincorporated association, it is the after JCrR 2.02.
duty of the person authorized to make disbursement
from the assets of the corporation p on or association to
0
pay 10.04. 20 Arrest----Offense
the fine or costs from those assets, and his failure to do justice. When any offense is committ dtindviewvof anof
y
so may be held to be contempt unless he makes the justice he may, by verbal direction to any constable,or if
showing required in subsection (2) of this section. no constable be present, to any citizen, cause such con-
(4) The term of imprisonment for contempt for non- stable or citizen to arrest such offender, and keep him in
payment of a fine or costs shall be set forth in the com- custody for the space of one hour, unless such offender
mitment order, and shall not exceed one day for each shall sooner be taken from such custody by virtue of a
twenty–five dollars of the fine or costs, thirty days if the warrant issued on complaint on oath. But such person so
fine or assessment of costs was imposed upon conviction arrested, shall not be confined in jail, nor put upon any
of a violation or misdemeanor, or one year in any other trial, until arrested by virtue of such warrant. [1881 §
case, whichever is the shorter period. A person commit- 1888; Code 1881 § 1889, part; 1873 p 382 § 186; 1854 p
ted for nonpayment of a fine or costs shall be given 260 § 173; RRS § 1926, part.]
credit toward payment for each day of imprisonment at
the rate specified in the commitment order. Contempt,justice courts:Chapter 3.28 RCW.
(5) If it appears to the satisfaction of the court that
the default in the payment of a fine or costs is not con- 10.04.030 Hearing Judgment. On the return of t
any warrant issued by him, it shall be the duty of the
tempt, the court may enter an order allowing the de-
fendant additional time for payment, reducin the justice to docket the cause, and unless continuance be
g granted, forthwith to hear and determine the cause, and
amount thereof or of each installment or revoking the either acquit, convict and punish, or hold to bail the of-
fine or costs or the unpaid portion thereof in whole or in
part. fender, if the offense be bailable and prove to be one
which should be tried in the superior court, or in default
(6) A default in the payment of a fine or costs or any of bail, commit him to jail, as the facts and law may
installment thereof may be collected by any meansustif
authorized by law for the enforcement of a judgment. j y [1881 § 1889; Code 1881 § 1889, part; 1873 p
The levy of execution for the collection of a fine or costs 382 § 186; 1854 p 260 § 174; RRS § 1926, part.]
shall not discharge a defendant committed to imprison- Rues of court. This section superseded by JCrR 2.02, 2.03, 2.09.
ment for contempt until the amount of the fine or costs See comment after JCrR 2.0Z 2.03,2.09.
has actually been collected. [1975–'76 2nd ex.s. c 96 §
3.] 10.04.040 Cash bail in lieu of recognizance. Justicesof the or comis may accep
!
ace
Fine and costs—Collection procedure, commitment for failure to money aseba I from pe sonsn harg dtstrawith ba able offent
moneypay,execution against defendant's property:Chapter 10.82 RCW. ses, and for the appearance of witnesses in all cases pro-
vided by law for the recognizance of witnesses. The
Chapter 10.04 amount of such bail or recognizance in each case shall t
be determined by the court in its discretion, and may
JUSTICE COURT PROCEDURE—GENERALLY from time to time be increased or decreased as circum-
Sections stances may justify. The money to be received and ac-
10.04.010 Arrest—Issuance of warrant for. counted for in the same manner as provided by law for
10.04.020 Arrest—Offense committed in view of justice. the superior courts. [1919 c 76 § 1; RRS § 1957 1/2.1
10.04.030 Hearing—Judgment.
10.04.040 Cash bail in lieu of recognizance. Excessive bail or tines cruel punishment prohibited:State Constitu-
10.04.050 Jury--If demanded. tion Art. 1§ 14.
10.04.060 Continuances.
10.04.070 Plea of guilty. 10.04.050 Jury If demanded. In all trials for of-
10.04.080 Evidence necessary. fenses within the jurisdiction of a justice of the peace,
10.04.090 Evidence—Witnesses--summons.
10.04.100 Verdict of guilty—Proceedings u the defendant or the state may demand a jury, which
10.04.101 Assessment of punishment by courts organized under shall consist of six, or a less number, agreed upon by the
1961 justice of the peace act. state and accused, to be impaneled and sworn as in civil
10.04.110 Judgment—Entry—Execution—Remittance of cases; or the trial may be by the justice. When the com-
justice court fees,fines,penalties and forfeitures. plaint is for a crime or misdemeanor in the exclusive ju-
10.04.120 Stay of execution.
[Title 10 RCW(1979 Ed,}-_p 41 risdiction of the superior court, the justice hears the case
C;
Deferred Prosecution 10.05.020
as a committing magistrate, and no jury shall be al- owing are paid, or the payment thereof be secured as
lowed. [1891 c 11 § 1; Code 1881 § 1890; 1875 p 51 § 2; provided by RCW 10.04.120. The amount of such fine
1873 p 382 § 188; 1854 p 260 § 174, part; RRS § 1927.1 and costs owing shall be computed as provided for supe-
Chargingjuries:State Constitution Art. 4§16. rior court cases in RCW 10.82.030 and 10.82.040. Fur-
Convicted persons liable for costs and jury fees:RCW 10.46.190. ther proceedings therein shall be had as in like cases in
Right to trial by jury:State Constitution Art. 1 §21. the superior court: Provided, That all fees, fines, forfei-
tures and penalties collected or assessed by a justice
10.04.060 Continuances. Continuance may be court because of the violation of a state law shall be re-
granted, either on application of the defendant or the mitted as provided in chapter 3.62 RCW as now exists
prosecuting witness, under the same rules as in civil or is later amended. [1969 ex.s. c 199 § 10; 1967 c 200 §
cases; the cost of such continuance shall abide the event 6; 1891 c 11 § 6; Code 1881 § 1896; 1873 p 383 § 194;
of the prosecution in all cases, and the justice shall rec- 1854 p 261 § 176; RRS § 1933.]
ognize the defendant and the witnesses to appear from Convicted persons liable for jury fees:RCW 10.46.190.
time to time, in the same manner as is provided in other
criminal examinations before him. [1891 c I 1 § 5; Code 10.04.120 Stay of execution. Every defendant may
1881 § 1895; 1873 p 383 § 193; 1854 p 261 § 176, part; stay the execution for the fine and costs for thirty days,
RRS § 1932.] by procuring sufficient sureties, to be approved by the
justice, to enter into recognizance before him for the
10.04.070 Plea of guilty. The defendant may plead payment of the fine and costs; the entry of such recogni-
guilty to any offense charged. [Code 1881 § 1892; 1873 zance shall be made on the docket of the justice, and
p 383 § 190; 1854 p 260 § 174, part; RRS § 1929.1 signed by the sureties, and shall have the same effect as
a judgment, and if the same-be not paid in thirty days,
10.04.080 Evidence necessary. No justice shall assess the justice shall proceed as in like cases in the superior
a fine, or enter a judgment thereon, until a witness or court. [Code 1881 § 1897; 1873 p 383 § 195; 1854 p 261
witnesses have been examined to state the circumstances § 176; RRS § 1934.]
of the transaction. [1891 c 11 § 4; Code 1881 § 1893,
part; 1873 p 383 § 191; 1854 p 260 § 174, part; RRS §
1931.]
Chapter 10.05
10.04.090 Evidence—Witnesses—summons. In DEFERRED PROSECUTION—COURTS
all cases arising under this chapter, if the offense OF LIMITED JURISDICTION
charged involve injury to a particular person who is
within the county, it shall be the duty of the justice of Sections
the peace to summon the injured person, and all others 10.05.010 Eligibility—Time for petition.
whose testimony may be deemed material, as .witnesses 10.05.020 Requirements of petition.
at the trial, and to enforce their attendance�y attach- 10.05.030 Arraignment continued—Referral to treatment
facility.
ment [warrant] if necessary. [1891 c 11 § 3; Code 1881 10.05.040 Investigation and examination by treatment facility.
§ 1894; 1873 p 383 § 192; 1854 p 260 §§ 174, 175; RRS 10.05.050 Report to court by treatment facility—Recom-
§ 1930.] mended treatment plan.
10.05.060 Docket and abstract procedure upon approval of
treatment plan.
10.04.100' Verdict of guilty Proceedings upon. 10.05.070 Defendant arraigned when treatment rejected.
Such justice or jury, if they find the prisoner guilty, 10.05.080 Evidence,uses and admissibility.
shall assess his punishment; or if, in their opinion, the 10.05.090 Procedure upon breach of treatment plan.
punishment they are authorized to assess is not adequate 10.05.100 Conviction of similar offense.
Q 10.05.110 Trial delay not grounds for dismissal.
to the offense, they may so find, and in such case the 10.05.120 Dismissal of charges after two years—Records
justice shall order such defendant to enter recognizance removed.
to appear in the superior court of the county, and shall 10.05.130 Services provided for indigent defendants.
also recognize the witnesses, and proceed as in proceed-
ings by a committing magistrate. [1891 c 11 § 2; Code 10.05.010 Eligibility Time for petition. Upon ar-
1881 § 1891; 1873 p 382 § 189; 1854 p 260 § 174; RRS raignment in a court of limited jurisdiction a person
§ 1928.] charged with a misdemeanor or gross misdemeanor may
petition the court to be considered for a deferred prose-
10.04.101 Assessment of punishment by courts orga- cution program. [1975 1 st ex.s. c 244 § 1.]
nized under 1961 justice of the peace act. See RCW
3.66.065. 10.05.020 Requirements of petition. The petition
shall allege that the wrongful conduct charged is the re-
10.04.110 Judgment—Entry—Execution— sult of or caused by alcohol problems, drug problems, or
Remittance of justice court fees, fines, penalties and for- mental problems for which the person is in need of
feitures. In all cases of conviction, unless otherwise pro- treatment and unless treated the probability of future
vided in this chapter, the justice shall enter judgment for reoccurrence is great, along with a statement that the
the fine and costs against the defendant, and may com- person agrees to pay the cost of a diagnosis of the al-
mit him to jail until the amount of such fine and costs leged problem or problems if financially able to do so.
[Title 10 RCW(1979 Ed.}—p 51
10.05.020 Title 10 RCW: Criminal Procedure
The petition shall also contain a case history of the per- be sent to the department of licensing, which shall make
son supporting the allegations. [1975 1st ex.s. c 244 § 2.] an entry of the charge and of the defendant's acceptance
for
ferr
10.05.030 Arraignment continued Referral to reco de of theme defendant prosecun[1979tce158§ 4;artment
1st vin
treatment facility. The arraigning judge upon considera- c 244 § 6.1
tion of the petition and with the concurrence of the
prosecuting attorney may continue the arraignment and
refer such person for a diagnostic investigation and eval- 10.05.070 Defendant arraigned when treatment re-
refer
to an approved alcoholism treatment facility as Jected. When treatment is either not recommended or
not approved by the judge, or the defendant declines to
designated in chapter 70.96A RCW, if the petition al-
leges an alcohol problem, an approved drug treatment accept the treatment plan, the defendant shall be ar-
center as designated in chapter 71.24 RCW, if the peti- raigned on the charge. [1975 1st ex.s. c 244 § 7.1
tion alleges a drug problem, or to an approved mental
health center, if the petition alleges a mental problem. 10.05.080 Evidence, uses and admissibility. Evidence
[1975 1st ex.s. c 244 § 3.] pertaining to or resulting from the petition and/or in-
Drug treatment centers:Chapter 69.54 RCW. vestigation is inadmissible in any trial on the charges,
but shall be available for use after a conviction in deter-
10.05.040 Investigation and examination by treat- mining a sentence. f197 1st ex.s. c 244 § 8.1
went facility. The facility or center to which such person
is referred shall conduct an investigation and examina-
tion to determine: If a defendant, who has been accepted for deferred
(1) Whether the person suffers from the problem Prosecution, fails or neglects to carry out and fulfill any
alleged; term or condition of the defendant's treatment plan, the
(2) Whether the problem is such that if not treated facility, center, institution, or agency administering the
there is a probability that similar misconduct will occur treatment shall immediately report such breach to the
in the future; court. The court upon receiving such a report shall hold
(3) Whether extensive and long term treatment is re- a hearing to determine whether the defendant should be
quired; and removed from the deferred prosecution program. At the
(4) Whether effective treatment for the person's hearing, evidence shall be taken of the defendant's al-
problem is available. [1975 1st ex.s. c 244 § 4.1 leged failure to comply with the treatment plan and the
defendant shall have the right to present evidence on his
10.05.050 Report to court by treatment facility or her own behalf. The court shall either order that the
Recommended treatment plan. The facility or center shall defendant continue on the treatment plan or be removed
make a written report to the court stating its findings from deferred prosecution. If removed from deferred
and recommendations after the investigation and exami- prosecution, the defendant's docket shall be returned to
nation required by RCW 10.05.040. If its findings and the regular court files and the defendant shall be ar-
recommendations support treatment, it shall also recom- raigned on the original charge. [1975 1st ex.s. c 244 §
mend a treatment plan setting out: 9•]
(1) The type;
(2) Nature;. 10.05.100 Conviction of similar offense. If a defend-
(3) Length; ant is convicted in any court of an offense similar and
(4) A treatment time schedule; and committed subsequent to the one for which the defend-
(5) Approximate cost of the treatment. ant is in a deferred prosecution program, the court in
The report with the treatment plan shall be filed with which the defendant is under deferred prosecution shall
the court and a copy given to the defendant and defend- upon notice of conviction in another court remove the
ant's counsel. [1975 1st ex.s. c 244 § 5.1 defendant's docket from the deferred prosecution file
and require the defendant to enter a plea to the original
10.05.060 Docket and abstract procedure upon ap- charge. f197 1st ex.s. c 244 § 10.1
proval of treatment plan. If the report recommends
treatment, the court shall examine the treatment plan. If 10.05.110 Trial delay not grounds for dismissal. De-
it approves the plan and the defendant agrees to comply lay in bringing a case to trial caused by a defendant re-
with its terms and conditions and agrees to pay the cost questing deferred prosecution as provided for in this
thereof or arrange for the treatment, an entry shall be chapter shall not be grounds for dismissal. [1975 1st
made upon the person's court docket showing that the ex.s. c 244 § 11.]
person has been accepted for deferred prosecution. A
copy of the treatment plan shall be attached to the 10.05.120 Dismissal of charges after two years—
docket, which shall then be removed from the regular Records removed. Two years from the date of the court's
court dockets and filed in a special court deferred prose- approval of deferred prosecution for an individual de-
cution file. If the charge be one that an abstract is re- fendant, those dockets that remain in the special court
quired to be sent to the department of licensing, an deferred prosecution file relating to such defendant shall
abstract of the docket showing the charge and the date be dismissed and the records removed. [1975 1st ex.s. c
of defendant's acceptance for deferred prosecution shall 244 § 12.1
[Title 10 RCW(1979 Ed.}—p 61
' Justice Court Forms 10.07.050
10.05.130 Services provided for indigent defendants. ----------- 19_-, in said county, committed the of-
Funds shall be appropriated from the fines and forfei- fense of [here state the offense charged in the warrant],
tures of the court to provide investigation, examination, and in the progress of the trial of said charge, it appear-
report and treatment plan for any indigent person who is ing to the said justice that the said C. D. has been guilty
unable to pay the cost of any program of treatment. of the offense of [here state the new offense found on
[1975 1st ex.s. c 244 § 13.] the trial] committed at the time and place aforesaid; and
whereas, the said C. D. has failed to give bail in the sum
of ___--_____ dollars, for his appearance to answer at
Chapter 10.07 the next term of the superior court, as required by me,
F JUSTICE COURT FORMS therefore, in the name of the State of Washington, etc.
[as in the last form], to receive the said C. D. into your
Sections custody in the said jail, and him there safely keep until
10.07.010 General statement. he be discharged by due course of law.
10.07.020 Certificate of conviction. Given under my hand this ----- day of _----____-,
10.07.030 Commitment upon finding jurisdiction lacking. 19__.
10.07.040 Commitment upon sentence.
10.07.050 Execution. J. P., Justice of the Peace.
10.07.060 Search warrant. 1891 c 11 7, art; Code 1881 p p
10.07.070 Warrant of arrest. [ § p § 1902, art; 1873
10.07.080 Warrant to keep the peace. 385 § 200, part; 1860 p 281 § 181, part; 1854 p 262 §
181, part; RRS § 1935, part.]
10.07.010 General statement. The following Or Reviser's note: The language relating to the next "term" of court
equivalent forms may be used by justices of the peace in originally appeared in the territorial law from which this section is de-
criminal proceedings. [1891 c.11 § 7, part; Code 1881 § rived. Since the adoption of the state Constitution the courts are al-
1902, part; 1873 p 385 § 200, part; 1860 p 281 § 181, ways open except on nonjudicial days.See state Constitution Art.4§§
2,4,6, (Amendment 28),and later statutes RCW 2.04.010, 2.04.030,
part; 1854 p 262 § 181, part; RRS § 1935, part.] 2.04.040,2.08.010,2.08.030 and 2.08.040.
10.07.020 Certificate of conviction. 10.07.040 Commitment upon sentence.
FORM OF CERTIFICATE OF CONVICTION. FORM OF COMMITMENT UPON SENTENCE.
THE STATE OF WASHINGTON, COUNTY OF THE STATE OF WASHINGTON, COUNTY OF
---, ss. ----------- ss.
At a justice's court held at my office in said county To any constable and the keeper of the county jail of
before me, one of the justices of the peace in and for said county:Whereas, at a justice's court held at my of-
said county, for the trial of C. D., for the offense here- fice in said county for the trial of C. D. for the offense
inafter stated, the said C. D. was convicted of having on hereinafter stated, the said C. D. was convicted of hav-
the ----- day of ----------- 19-_, in said county, ing on the ----- day of ----------- 19__, in said
committed [here insert the offense], and upon conviction county, committed [here state the offense], and upon
the said court did adjudge and determine that the said conviction the said court did adjudge and determine that
C. D. should pay a fine of _---___-__ dollars [or be the said C. D. should be imprisoned in the county jail of
imprisoned, as the case may be], and the said fine has said county for ----- days, therefore, you, the said con-
been paid.to me. stable, are commanded, in the name of the State of
Given under my hand this ----- day of ______-___, Washington, forthwith to convey and deliver the said
19__. C. D. to the said keeper; and you, the said keeper, are
J. P., Justice of the Peace. hereby commanded to receive the said C. D. into your
[1891 c 11 § 7, part; Code 1881 § 1902, part; 1873 p custody in said jail, and him there safely keep until the
385 § 200, part; 1860 p 281 § 181, part; 1854 p 262 § expiration of said ----- days, or until he shall thence be
181, part; RRS § 1935, part.] discharged by due course of law.
Dated this ----- day of ----------- 19__.
10.07.030 Commitment upon finding jurisdiction J. P., Justice of the Peace.
lacking. [1891 c 11 § 7, part; Code 1881 § 1902, part; 1873 p
FORM OF COMMITMENT 385 § 200, part; 1860 p 281 § 181, part; 1854 p 262 §
WHERE JUSTICE ON THE TRIAL SHALL FIND 181, part; RRS § 1935, part.]
THAT HE HAS NOT JURISDICTION IN THE 10.07.050 Execution.
CASE.
THE STATE OF WASHINGTON, _-__--___- FORM OF AN EXECUTION.
COUNTY, ss. THE STATE OF WASHINGTON, COUNTY OF
To any constable and the keeper of the county jail of _-________, ss.
said county: Whereas, C. D., of ----------- etc., has To the sheriff or any constable of said county:
been brought this day before the undersigned, one of the Whereas, at a justice's court held at my office in said
justices of the peace in and for said county, charged, on county for the trial of C. D., for the offense hereinafter
the oath of A. B., with having, on the ----- day of stated, the said C. D. was convicted of having on the
[Title 10 RCW(1979 Ed.}--p 71
10.07.050
Title 10 RCW: Criminal Procedure
_____ day of ----------- 19__, in said county, com-
mitted [here state the offense], and upon conviction the 19Given under my hand this ----- day of
said court did adjudge and determine that the said C. D.
should pay a fine of _ _ dollars, and J- P., Justice of the Peace.
-
--------- dollars costs; and, whereas, the said fine
11 91 c 11 § 7, part; Code 1881 § 1902, part; 1873
and costs have not been paid, these are, therefore, in the 385 § 200, part; 1860 p 281 § 181 part; 1854 P
name of the State of Washington, to command you to 181, part; RRS § 1935, part.] ' P P 262 f
levy on the goods and chattels, etc. [as in execution in
civil cases]. 10.07.080 Warrant to keep the peace.
r
[1891 c 11 § 7, part; Code 1881 § 1902, part; 1873 p FORM OF WARRANT TO KEEP THE PEACE.
385 § 200, part; 1860 p 281 § 181, part; 1854 p 262 § THE STATE OF WASHINGTON, COUNTY OF
181, part; RRS § 1935, part.]
To the sheriff or any constable of said county:
10.07.060 Search warrant. Whereas, A. B. has this day complained in writing under
oath to the undersigned, one of the justices of the peace
FORM OF SEARCH WARRANT.
in and for said county, that he has just cause to fear and
THE STATE OF WASHINGTON, ----------- does fear C. D., late of said county, will [here state the
COUNTY, ss. threatened injury or violence, as sworn to]; therefore, in
To the sheriff or any constable of said county: the name of the State of Washington, you are com-
Whereas, A. B. has this day made complaint on oath to manded to apprehend the said C. D., and bring him
the undersigned, one of the justices of the peace in and forthwith before me, to show cause why he should not
for said county, that the following goods and chattels, to give surety to keep the peace and be of good behavior
wit: [here describe them], the property of the said A. B., toward all people of this state, and the said A. B. espe-
have been within ----- days past, or were on the _____ cially, and further to be dealt with according to law.
day of ----------- by some person or persons unknown, Given under my hand this ----- day of ____-__---,
stolen, taken, and carried away out of the possession of 19_"'
the said A. B., in the county aforesaid; and, also, that J. P., Justice of the Peace.
the said A. B. verily believes that the said goods or a 11891 c I1 § 7, part;
Code part thereof are concealed in or about the house of 385 § 200 1860 p 81 § 8181§ par0t; 1854 p1873
§
t
C. D., in said county [describe the premises to be 181, part; RRS § 1935
searched]; therefore, in the name of the State of , part.]
Washington, you are commanded that, with the neces-
sary and proper assistance, you enter into the said house
[describe the premises to be searched] and then dili- Chapter 10.10
gently search for the said goods and chattels; and if the CRIMINAL APPEALS FROM JUSTICE COURTS
same or any part thereof be found on such search, bring Sections
the same, and also the same C. D., forthwith before me, 10.10.010 Appeals—Time of—Notice---Bond.
to be disposed of according to law. 10.10.040 witnessess –Appearanees—Transcript—
Given under my hand this ----- ______-___
day of , Subpoena.
19__. 10.10.060 Appeal—Costs_pefault.
J. P., Justice of the Peace. Rules of courk Court rules governing criminal appeals from justice
court•,see JCrR 6.01,6.02 and 6.03.
[1891 c 11 § 7, part; Code 1881 § 1902, part; 1873 p
385 § 200, part; 1860 p 281 § 181, part; 1854 p 262 § 10.10.010 Appeals—Time of—Notice nd.
181, part; RRS § 1935, part.] Every person convicted before a justice of the peace of
any offense may appeal from the judgment, within ten
10.07.070 Warrant of arrest. days thereafter, to the superior court. The appeal shall
be taken by orally giving notice thereof at the time the
FORM OF WARRANT. judgment is rendered, or by serving a written notice
THE STATE OF WASHINGTON, thereof upon the justice at any time after the judgment,
COUNTY, ss. '-------- and within the time allowed for taking the appeal; when
is given orally, the justice
To the sheriff or any constable of said county: inehis notice his The appellant shall be committed d toenter the the
Whereas, A. B. has this day complained in writing under jail of the county until he shall recognize or give a bond
oath to the undersigned, one of the justices of the peace to the state, in such reasonable sum, with such sureties
in and for said county, that on the _ _ day of as said justice may require, with condition to appear at
------
-_ ______, 19__, at ------ in said county [here insert the court appealed to, and there prosecute his appeal,
the substance of the complaint, whatever it may be]; and to abide the sentence of the court thereon, if not re-
therefore, in the name of the State of Washington,
are commanded forthwith to apprehend the said C. D. 1919 ou vised by t. higher court. [1891 c 8, § 6, part; RRS §
and bring him before me, to be dealt with according to 7 Part. Prior: Code 1196 § 1898, part; 1877 p 21 .
law, g , part; 1873 p 384 § 196, part; 1854 p 261 § 177.
fi'itle 10 RCW(1979 Ed.)—p 81 Formerly RCW 10.10.010, 10.10.020, and 10.10.030.]
Proceedings to Keep The Peace 10.13.060
10.10.040 Witnesses—Appearances—Tran- 10.13.020 Complaint Justice to reduce to writing.
script—Subpoena. Upon an appeal being taken in a Whenever complaint shall be made to any such magis-
criminal action the justice shall require the witnesses to trate, that any person has threatened to commit an of-
give recognizances for their appearance in the superior fense against the property or person of another, the
court,or, if they are not present, indorse their names on magistrate shall examine the complaint, and any witness
the copy of proceeding. He shall on such appeal make who may be produced on oath, and reduce such com-
and certify a copy of the conviction and other proceed- plaints to writing, and the same shall be subscribed by
ings in the case, and transmit the same, together with the complainant. [Code 1881 § 1904; 1873 p 390 § 202;
the recognizance and an abstract bill of the costs, to the 1854 p 104 § 12; RRS § 1937.]
clerk of the court appealed to, who shall issue a sub-
poena for the witnesses if they are not under recogni- 10.13.030 Arrest of defendant. If, upon the exami-
zance. [1891 c 29 § 8; RRS § 1921. Prior: Code 1881 § nation, it shall appear that there is just cause to fear
1899; 1873 p 384 § 197; 1854 p 261 § 178. Formerly that such offense may be committed, the magistrate
RCW 10.10.040, 10.10.050 and 10.10.070.1 shall issue a warrant under his hand, reciting the sub-
stance of the complaint and requiring the officer to
10.10.060 Appeal--Costs—Default. The appel- whom it may be directed, forthwith to apprehend the
lant in a criminal action shall not be required to advance person complained of and bring him before such magis-
any fees in claiming his appeal nor in prosecuting the trate or some other magistrate, or court having jurisdic-
same; but if convicted in the appellate court, or if sen- tion of the cause. [Code 1881 § 1906; 1873 p 390 § 204;
tenced for failing to prosecute his appeal, he may be re- 1854 p 104 § 13; RRS § 1939.]
quired as a part of the sentence to pay the costs of the
prosecution. If the appellant shall fail to enter and pros- 10.13.040 Hearing Witnesses—Testimony re-
ecute his appeal he shall be defaulted of his recogni- duced to writing. It shall be the duty of every magistrate
zance, if any was taken, and the superior court may examining a person charged with an offense, or with an
award sentence against him for the offense whereof he intention to commit an offense, to examine all the wit-
was convicted in like manner as if he had been convicted nesses he shall deem material, and reduce their testi-
thereof in that court; and if he be not then in custody mony to writing, a copy of which, whether the accused is
process maybe issued to bring him into court to receive discharged, committed, or held to bail, or shall take an
sentence. [1891 c 29 § 7; RRS § 1920. Prior: Code 1881 appeal, he shall transmit to the clerk of the court having
§ 1900; 1873 p 384 § 198, part; 1854 p 261 § 179. jurisdiction of the offense. [1891 c I 1 § 8; Code 1881.§
Formerly RCW 10.10.060 and 10.10.080.] 1905; 1873 p 390 § 203; RRS § 1938.]
10.13.050 Discharge of defendant Frivolous
Chapter 10.13 complaints. If, upon examination, it shall appear that
there is not just cause to fear that any such offense will
PROCEEDINGS TO KEEP THE PEACE be committed by the party complained of, he shall be
forthwith discharged; and if the magistrate shall deem
Sections the complaint unfounded, frivolous or malicious, he may
10.13.010 Authority of justice. order the complainant to pay the costs of prosecution,
10.13.020 Complaint—Justice to reduce to writing. who shall thereupon be answerable to the magistrate and
10.13.030 Arrest of defendant. the officer for their fees, as for his own debt. [Code 1881
10.13.040 Hearing—Witnesses—Testimony reduced to
writing. § 1909; 1873 p 391 § 207; 1854 p 104 § 16; RRS §
10.13.050 Discharge of defendant—Frivolous complaints. 1942.]
10.13.060 Security required—When.
10.13.070 Commitment to jail.
10.13.075 Giving of security—Discharge from jail. 10.13.060 Security required When. The magis-
10.13.080 Recognizances filed in superior court. trate before whom any person is brought upon charge of
10.13.090 Forfeiture under recognizance—Remission. having made threats as aforesaid, shall, as soon as may
10.13.100 Surrender of principal—Release of surety. be, hear and examine the complaint. And if it shall ap-
10.13.110 Costs—Taxation—Collection.
10.13.120 Appeal—Time--Notice. pear that there is just cause to fear that any such offense
10.13.130 Appeal—Procedure in appellate court. will be.committed by the party complained of he shall be
10.13.140 Appeal—Failure to prosecute. required to enter into recognizance with sufficient sure-
10.13.150 Recognizances without process=—Superior ties, in such sum as the magistrate shall direct, towards
court—Justice court. all the people of the state, and especially towards the
Conviction,recognizance to keep peace:RCW 10.64.070. person requiring such security, for such term as the
magistrate shall order, not exceeding one year, but he
10.13.010 Authority of justice. Justices of the peace shall not be ordered to recognize for his appearance at
shall have power to cause all laws made for the preser- the superior court unless he is charged with some offense
vation of the public peace to be kept; and in the execu- for which he ought to be held to answer at said court.
tion of that power may require persons to give security [Code 1881 § 1907; 1873 p 391 § 205; 1854 p 104 § 14;
to keep the peace, or for their good behavior, or both, in RRS § 1940.1
the manner herein provided. [Code 1881 § 1903; 1873 p Recognizance to keep the peace as incidence of conviction of crime:
390 § 201; 1854 p 104 § 11; RRS § 1936.1 RCW 10.64.070, 1o.64.075.
(Title 10 RCW(1979 Ed+} 91
10.13.070
Title 10 RCW: Criminal Procedure
10.13.070 Commitment to jail. If the person so or- 10.13.120 A
dered to recognize, shall fail to enter into such recogni- may be taken from h ore der of magistr to requiring Ntie. An a
zance, the magistrate shall commit him to the county person to give security to keep the peace or for good b,,
jail during the period for which he was required to give havior. Such appeal shall be taken in the same manner
security, or until he shall so recognize, stating in the and subject to the same conditions as appeals from jus.
warrant the cause of commitment with the sum and time tices' courts in criminal actions, and the magistrate may
for which security was required. [Code 1881 § 1908; require recognizances of the appellant and the witness s
1873 p 391 § 206; 1854 p 104 § 15; RRS § 1944. in appeals in such criminal actions. [1891 c 29 9
FORMER PART OF SECTION: Code 1881 1915; § . RRS
1873 p 392 § 213; 1854 p 105 § 22; RRS § 1944, now 1§919 192;1854 po1051§§118§19.)1, 1912; 1863 p 385 §§
codified as RCW 10.13.075.]
10.13.075 Giving of security—Discharge from ail. 10.13.130 Appeal Procedure in appellate court.
Dischar jail. The court before which such appeal is prosecuted, may
Any person committed for not finding sureties or refus- affirm the order of the justice or discharge the appellant,
ing to recognize as required by the magistrate, may be or may require the appellant to enter into a new recog.
discharged by any judge or justice of the peace, on giv- nizance, with sufficient sureties, in such sum and for
ing such security as was required. [Code 1881 § 1915; such time as the court shall think proper, and may also
1873 p 392 § 213; 1854 p 105 § 22; RRS § 1944. make such order in relation to the costs of prosecution as
Formerly RCW 10.13.070, part.] may be deemed just and reasonable. [Code 1881 § 1913;
1854 p 105 § 20; RRS § 1923.1
10.13.080 Recognizances filed in superior court. Ev-
ery recognizance taken pursuant to the foregoing P rovi- 10.13.140 Appeal Failure to prosecute. If any
party appealing from such order of a magistrate shall
sions shall be transmitted to the superior court for the fail to prosecute his appeal his recognizance shall remain
county within ten days, and shall be there filed of record in full force and effect as to any breach of the condition,
by the clerk. [1891 c 11 § 9; Code 1881 § 1916; 1873 p without an affirmance of the judgment or order of the
392 § 214; J854 p 105 § 23; RRS § 1945.] magistrate, and also shall stand as security for costs
which shall be ordered by the court appealed to to be
10.13.090 Forfeiture under recognizance—Remis- paid by the appellant. [1891 c 29 § 10; Code 1881 §
Sion. Whenever upon a suit brought on any such.recog- 1914; 1854 p 105 § 21; RRS § 1924.] /
nizance, the penalty thereof shall be adjudged forfeited,
the court may remit such portion of the penalty, on the 10.13.150 Recognizances without process_____Supe_
petition of any defendant, as the circumstances of the rior court—Justice court. Every person who shall, in
case shall render just and reasonable. [Code 1881 § the presence of any.magistrate, or before any judge of a
19I8; 1873 p 393 § 216; 1854 p 106 § 25; RRS § 1947.1 court of record, make an affray, or threaten to kill or
beat another, or to commit any violence or outrage
10.13.100 Surrender of principal Release of against his person or property, and every person who, in
surety. Any surety in recognizance to keep the peace, or the presence of such judge or magistrate, shall contend >;
With hot and angry words, to the disturbance of the
for good behavior, or both, shall have the same authority peace, may be ordered, without process or other proof, to •
and right to take and surrender his principal as if he had recognize for keeping the peace or being of good bchav-
been bail for him in a civil cause, and upon such surren- for for a term not exceeding three months, and in case of
der, shall be discharged and exempt from all liability for refusal may be committed as before directed. [1891 c 11
any act of the principal, subsequent to such surrender, § 10; Code 1881 § 1917; 1873 p 392 § 215; 1854 p 105
which would be a breach of the condition of the recog- § 24; RRS § 1946.]
nizance, and the person so surrendered may recognize
anew, with sufficient sureties, before any justice of the
peace, for the residue of the term, and thereupon shall
be discharged. [Code 1881 § 1919; 1873 p 393 § 217; Chapter 10.16
1854 p 106 § 26; RRS § 1948.] PRELIMINARY HEARINGS i
Sections
10.13.110 Costs—Taxation------Collection. When 10.16.010 Complaint—Arrest—Witnesses.
no order respecting the costs is made by the magistrate, 10.16.030 Recognizance--With or without examination. ?
they shall be allowed.and paid in the same manner as 10.16.040 Hearing—Adjournments.
10.16.050 HearinAssociation of other magistrates.
costs before justices in criminal prosecutions; but in all 10.16.060 Hearing Testimony reduced to writing. t
cases where a person is required'to give good security for 10.16.070 Bailable offense—Recognizance conditions.
the peace, or for his good behavior, the magistrate may 10.16.080 Discharge of defendant—Frivolous complaints.
further order that the costs of prosecution, or any part 10.16.090 Certified transcript of proceedings Bled in superior
thereof, shall be paid by such person, who shall stand 10.16.100 Abstract of costs forwarded with transcript. 1
committed until such costs are paid, or he is otherwise 10.16.110 Statement of prosecuting attorney if no information
legally discharged. [Code 1881 § 1910; 1873 p 391 § filed—Court action.
208; 1854 p 105 § 17; RRS § 1943.1 10.16.130 Order for trial before justice.
10.16.135 Compromise of misdemeanors by magistrates.
fideW(1979 FA _
10 RCW 101
Preliminary Hearings 10.16.090
Witnesses—Recognizances—Superior court appointed for such examination. [Code 1881 § 1924;
to.16.140
appearances. 1873 p 394 § 222; 1854 p 107 § 30; RRS § 1952.1
10.16145 Witnesses--Recognizances with sureties.
Rules of court:This section superseded by JCrR Z.09. See comment
10.16.150 Recognizances for minors.
10.16.160 Witnesses—Failure to furnish recognizance— after JCrR 2.09.
Commitment—Deposition—Discharge.
10.16.190 Action on forfeiture of recognizance. 10.16.050 Hearing Association of other magis-
Magistrates:Chapter 2.10 RCW. trates. Any magistrate to whom complaint is made, or
Municipal judges as magistrates:RCW 35.20.020, 35.20.250. before whom any defendant is brought, may associate
with himself one or more magistrates of the same
10.16.010 Complaint—Arrest—Witnesses. county, and they
may, butogether, feesute the 1 be powers
and taxefor
Upon complaint being made to any justice of the peace,
duties or judge of the superior court, in open court, or in vaca- such associates. [Code 1881 § 1928; 1873 p 395 § 227;
tion, that a criminal offense has been committed, he 1854 p 108 § 35; RRS § 1958.1
shall examine on oath the complainant, and any witness
provided by him, and shall reduce the complaint to writ- 10.16.060 Hearing—Testimony reduced a writing.
itness examined, shall be
ing, and shall cause the same to be subscribed by the The testimony of the wreduced
complainant, and if it shall appear that any offense has to writing by the magistrate, or under his direction,
been committed of which the superior court has exclu- when he shall think it necessary, and shall be signed by
sive jurisdiction, the magistrate shall issue a warrant re- the witnesses. [Code 1881 § 1933; 1873 p 396 § 232;
citing the substance of the accusation, and requiring the 1854 p 109 § 40; RRS § 1953.1
officer to whom it shall be directed forthwith to take the
person accused and bring him before the person issuing 10.16.070 Bailable offense—Recognizance condi-
the warrant, unless he shall be absent or unable to at tions. If it appear that a bailable offense has been com-
tend thereto, then before some other-magistrate of the mitted, the magistrate shall order the defendant to enter
county, to be dealt with according to law, and in the into recognizance, with sufficient sureties, for his ap-
same warrant may require the officer to summon such pearance in the superior court to answer the charge, and
witnesses as shall be therein named, to appear and give if he shall not do so, or the offense be not bailable, he
evidence on the examination. [Code 1881 § 1921; 1873 p shall commit him to jail. The justice of the peace who
392 § 219; 1854 p 106 § 27; RRS § 1949. Formerly committed the person, or the judge of the superior court
RCW 10.16.010 and 10.16.020.] to which the party is held to answer, may admit to bail
in the amount required and approve the sureties. The
Reviser's note: The language relating t "vacations" court ap- recognizance shall be conditioned in effect that the de-
the
in the territorial law from which this section is derived.
regioived. Since g
the adoption of the state Constitution the courts are always open ex- fendant will appear in the superior court to answer said
apt on nonjudicial days. See state Constitution Art. 4 §§ 2, 4, 6, charge whenever the same shall be prosecuted, and at all
(Amendment 28), and later statutes RCW 2.04.010, 2.04.030, 2.04- times, until discharged according to law, render himself
.040,2.08.010,2.08.030 and 2.08.040. amenable to the orders and process of the superior court,
Rules of court:This section superseded by JCrR 2.02. See comment and, if convicted, render himself in execution of the
after JCrR 2.02. judgment. [1891 c 11 § 13; Code 1881 § 1927; 1873 p
395 § 225;- 1854 p 108 § 33; RRS § 1957. Formerly
10.16.030 Recognizance With or without exami- RCW 10.16.070, 10.19.030 and 10.19.040, part.]
nation.The magistrate before whom such accused person
shall be brought, when the offense is bailable, may, at after JCrR court:urt of coThis section superseded by JCrR 2.09.See comment
09.
the request of such person, with or without examination, Cash bail in lieu of recognizance:RCW 10.04.040
allow him to enter into recognizance with sufficient Justification and approval of sureties:RCW 10.19.040.
sureties, to be approved by the magistrate, conditioned
for his appearance in the superior court having jurisdic- 10.16.080 Discharge of defendant Frivolous eom-
tion of the offense. [1891 c 11 § 11; Code 1881 § 1923; plaints. If it should appear upon the whole examination
1873 p 394 § 221; 1854 p 107 § 29; RRS § 1951.1 that no offense has been committed, or that there is not
Rules of court This section superseded by JCrR 2.09. See comment probable cause for charging the defendant with an of-
after JCrR 2.09. fense, he shall be discharged, and if in the opinion of the
magistrate, the complaint was malicious, or without
10.16.040 Hearing Adjournments. If the defend- probable cause, and there was no reasonable ground
ant shall not enter into recognizance with sureties, the therefor, the costs shall be taxed against the party mak-
magistrate shall proceed to hear and examine the com- ing the complaint. [Code 1881 § 1925; 1873 p 395 §
plaint, and may adjourn the examination from time to 223; 1854 p 107 § 31; RRS § 1954.1
time, not exceeding in all ten days from the time such
defendant shall have been brought before him, and in 10.16.090 Certified transcript of proceedings filed in
case of such adjournment, the magistrate may, if the of- superior court. It shall be the duty of all magistrates
fense be bailable, take a recognizance with sufficient within this state, before whom any person or persons
sureties for the appearance of the defendant at such fur- shall be committed or held to bail to answer to any
ther examination; and if he fail to enter into such recog- crime, to return their proceedings, duly certified, includ-
nizance, he shall be ordered into custody until the time ing a copy of all recognizances taken by them, to the
(Title 10 RCW(1979 Ed.)--p 11)
10.16.090 -.
Title 10 RCW: Criminal Procedure
clerk of the superior court within ten days after the final Venue in criminal actions:RCW 3.20.131.
hearing and commitment, or holding to bail, as afore-
said; and any justice of the peace who shall fail or ne- 10.16.135 Compromise of misdemeanors by magu-
glect to make such return shall not be entitled to receive trates. When any person shall be committed to prison,or
any fees or costs in such case. [1891 c 11 § 16; RRS § shall be under examination or recognizance to answer
1963. Prior: Code 1881 § 1934; 1873 p 396 § 233; 1854 any charge for a misdemeanor for which the party in.
p 109 § 41.] jured may have a remedy by civil action, except where
Rules of court' This section modified if not superseded by JCrR the offense was committed upon a sheriff or other offs.
203.See comment after Kilt 2.03. cer, justice, or violently, or with intent to commit a fel.
ony, if the party injured shall appear before the
10.16.100 Abstract of costs forwarded with tran- magistrate who made the commitment or took the re-
script. In all cases where any magistrate shall order a cognizance, or is conducting the examination, and ac-
defendant to recognize for his appearance before a jus- knowledged in writing that he has received satisfaction
tice of the peace, or the superior court, he shall forward for the injury, the magistrate may, in his discretion, on
with the papers in the case, an abstract of the costs that payment of all costs which may have accrued, discharge
have accrued in the case, and such costs shall be subject the recognizance, or supersede the commitment by an
to the final determination of the case. [Code 1881 § order under his hand, and may also discharge all recog-
1937; 1873 p 397 § 236; 1854 p 109 § 44; RRS § 1966.] nizance and supersede the commitment of all witnesses
in the case. ode C
1881
[ 1935; 1873 p 397 234; 1854
10.16.110 Statement of prosecuting attorney if no P 109 § 42; RRS § 1964. Formerly RCW 10.22.010,
0.22.010,
information filed----Court action. It shall be the duty of part.]
the prosecuting attorney of the proper county to inquire Compromise of misdemeanors:Chapter 10.22 RCW
into and make full examination of all the facts and cir-
cumstances connected with any case of preliminary ex- 10.16.140 Witnesses Recognizances--Superior
amination, as provided by law, touching the commission court appearances. Where the person arrested is held to
of any offense wherein the offender shall be committed bail, or committed to jail, or forfeits his recognizance,
to jail, or become recognized or held to bail; and if the the magistrate shall recognize the witnesses for the
prosecuting attorney shall determine in any such case prosecution. to be and appear in the superior court to
that an information ought not to be filed, he shall make, which the party is recognized, bailed, or committed,
subscribe and file with the clerk of the court a statement whenever their attendance shall be required. [1891 c 11
in writing containing his reasons, in fact and in law, for § 14; Code 1881 § 1929; 1873p 396 § 228; 1854 p 108
not filing an information in such case, and such state-
§ 36; RRS § 1959. FORMER PART OF SECTION:
ment shall be filed at and during the session of court at Code 1881 § 1930; 1854 p108 § 37; RRS § 1960, now
which the offender shall be held for his appearance: codified as RCW 10.16.145.]
Provided, That in such case such court may examine
Rulesof court' This section superseded by CrR 6.13. See comment
such statement, together with the evidence filed in the
case,and if upon such examination the court shall not be after CrR 613.
satisfied with such statement,
the prosecuting attorney 10.16.145 Witnesses Recognizances with sure-
shall be directed by the court to file the proper informa- ties. If the magistrate shall be satisfied that there is good
tion and bring the case to trial. [1890 p 102 § 6; RRS § cause to believe that any such witness will not perform
2053. Formerly RCW 10.16.110 and 10.16.120.] the condition of his recognizance unless other security be
10.16.130 Order for trial before justice. If it shall given, such magistrate may order the witness to enter 7
into recognizance with such sureties as may be deemed z
appear that an offense has been committed of which a necessary for his appearance at court. [Code 1881 § `
justice of the peace has jurisdiction, and one which 1930; 1873 p 396 § 229; 1854 p 108 § 37; RRS § 1960.
would be sufficiently punished by a fine not exceeding Formerly codified in RCW 10.16.140, part.]
one hundred dollars, if the magistrate having the com- Rules of court' This section probably superseded by CrR 6.13. See
plaint is a justice of the peace, he shall cause the com-
plaint to be ordered [altered] and proceed as in like comment after CrR 6.13.
cases before a justice of the peace; or, if any other mag-
istrate, he shall certify the papers, with a statement of 10.16.150 Recognizances for minors. When any mi-
the offense appearing [o be proved, to the nearest justice nor is a material witness, any other person may be al-
of the peace, and shall, by order, require the defendant lowed to recognize for the appearance of such witness; or
and the witnesses to enter into recognizances with suffi- the magistrate may, in his discretion, take the recogni-
cient sureties to be approved by the magistrate, for their zance of such minor in a sum not exceeding fifty dollars
which shall be valid and binding in law, notwithstanding
appearance before such justice at the time and place
stated in the order; and such justice shall proceed to the the disability of minority. [1973 1st ex.s. c 154 § 19;
trial of the action as if originally commenced before Code 1881 § 1931; 1873 p 396 § 230; 1854 p 108 § 38;
him. [1891 c I 1 § 12; Code 1881 § 1926; 1873 p 395 § RRS § 1961.1
224; 1854 p 107 § 32; RRS § 1955.] Rules of court: This section probably superseded by CrR 6.13. See
Jurisdictionof justices: rt State Constitution A 4 10 Amendment comment after CrR 6.13.
28) § ( 2.2-030b�u�-1973 1st ex.s. c 154: See note following RCW
[rifle 10 RCW(1979 Ed.)_V 121
Bail And Appearance Bonds 10.19.020
10.16.160 Witnesses Failure to furnish recogni- Chapter 10.19
unci—Commitment Deposition Discharge. BAIL AND APPEARANCE BONDS
All witnesses required to recognize with or without sure-
ties shall, if they refuse, be committed to the county jail Sections
by the magistrate, there to. remain until they comply 10.19.010 Bail,when allowable.
with such orders or be otherwise discharged according to 10.19.020 Amount of bail—How fixed.
law: Provided That when the magistrate is satisfied that 10.19.025 Commitment or recognizance of defendant held to
answer to information or indictment.
any witness required to recognize with sureties is unable 10.19.040 Officers authorized to take recognizance and approve
to comply with such order, he shall immediately take the bail.
deposition of such witness and discharge him from cis- 10.19.050 Bail must justify.10.19.060 Certification and filing of recognizances.
tody upon his own recognizance. The testimony of the 10.19.065 Taking and entering recwgnizances.
witness shall be reduced to writing by a justice or some 10.19.070 Cash bail.
competent person under his direction, and he shall take 10.19.080 Forfeiture of bait—When entered.
only the exact words of the witness; the deposition, ex- 10.19.090 Forfeiture of recognizances--Judgment—
Execution.
cept the cross—examination, shall be in the narrative 10.19.100 Stay of execution of forfeiture judgment—Bond.
form, and upon the cross–examination the questions and 10.19.105 Forfeiture judgment vacated on defendant's produc-
answers shall be taken in full. The defendant must be cion—when.
10.19.110 Recognizances before justice of the peace or magis-
present in person when the deposition is taken, and shall trate—Forfeiture—Action.
have an opportunity to cross—examine the witnesses; he 10.19.120 Action on recognizance not barred—Want of form
may make any objections to the admission of any part of or formality.
the testimony, and all objections shall be noted by the 10.19.130 Failure to appear before court after release on per-
sonal recognizance—Penalty.
justice; but the justice shall not decide as to the admis- Bail arresting otrcer's duties,amount of RCW 10.31.030.
sibility of the evidence, but shall take all the testimony Bail pending appeal to supreme court:RCW 10.73.040.
offered by the witness. The deposition must be carefully Bail where trial conducted in defendant's absence:RCW 10.46.130.
read to the witness, and any corrections he may desire to Exoneration of bail upon dismissal of charge.RCW 10.64.090.
make thereto shall be made in presence of the defendant Fugitives, bail.Chapter 10.88 RCW.
by adding the same to the deposition as first taken; it Recognizance for stay of execution:RCW 10.81.020, 10.82.015.
must be signed by the witness, certified by the justice, Recognizance to keep the peace as incidence of conviction of crime:
and transmitted to the clerk of the superior court, in the RCW 10.64.070, 10.64.075.
same manner as depositions in civil actions. And if the Recognizances relative to preliminary hearings: Chapter 10.16
RCW.
witness is not present when required to testify in the Recognizances relative to proceedings to keep the peace: Chapter
case,either before the grand jury or upon the trial in the 10.13 RCW.
superior court, the deposition shall be submitted to the
judge of such superior court, upon the objections noted 10.19.010 Bail, when allowable. Every person
by the justice, and such judge shall suppress so much of charged with an offense, except that of murder in the
said deposition as he shall find to be inadmissible, and first degree where the proof is evident or the presump-
the remainder of the deposition may be read as evidence tion great, may be bailed by sufficient sureties, and bail
in the case, either before the grand jury or upon the trial shall justify and have the same rights as in civil cases,
in the court. [1891 c 11 § 15; Code 1881 § 1932; 1877 p except as otherwise provided by law. The amount of bail
203 § 8; 1873 p 396 § 232; 1854 p 108 § 39; RRS § in each case shall be determined by the court in its dis-
1962. Formerly RCW 10.16.160, 10.16.170 and cretion and may from time to time be increased or de-
10.16.180.1 creased as circumstances may justify. [1909 c 249 § 58;
RRS § 2310. Prior: Code 1881 § 778; 1873 p 181 § 8;
Rules of court This section modified if not superseded by CrR 6.13.
See comment after CrR 6.13. 1869 p 199 § 8; 1859 p 105 § 8; 1854 p 76 § 8.]
Ruks of court: This section superseded by CrR 3.2. See comment
after CrR 3.2,
10.16.190 Action on forfeiture of recognizance. Corporate surety—Insurance:Chapter 48.28 RCW.
When any person under recognizance in any criminal
prosecution, either to appear and answer before a jus- 10.19.020 Amount of bail How fixed. The court
tice, or to testify in any court, shall fail to perform the must, at the time of directing the clerk to issue the war-
condition of any recognizance, his default shall be re- rant, fix the amount in which persons charged by indict-
corded; and it shall be the duty of the prosecuting attor- ment are to be held to bail, and the clerk must indorse
ney to proceed at once, by action against the person the amount on the warrant. If no order fixing the
bound by recognizance, or such of them as he may elect. amount of bail has been made, the sheriff may present
[Code 1881 § 1936; 1873 p 397 § 235; 1863 p 390 § the warrant to the judge of.the court, and such judge
216; 1859 p 141 § 185; 1854 p 109 § 43; RRS § 1965. must thereon indorse the amount of the bail to be re-
Formerly RCW 10.19.110, part.], quired; or if there is no such judge in the county, the
Rules of court. This may fix the amount of bail. [1891 c 28 § 42; Code This section superseded by CrR 3.2. See comment
after 3.2 1881 § 1028; 1873 p 229 § 208; 1854 p 113 § 72; RRS §
Recognizance
2079. FORMER PART OF SECTION: 1890 p 101 § 5;izance before justice of the peace or magistrate—Forfei- §
tore:RCW 10.19.110. RRS 2052, now codified as RCW 10.19.025.]
[Tide 10 RCW(1979 Ed.}—p 131
10.19.020 Title 10 RCW: Criminal Procedure
Rules of court' This section superseded by CrR 3.2. see comment his presence in court may be lawfully required, a
after CrR 3.2
ing to the condition of his recognizance, the cou �d-
p
e entered upon its minutm
ust
10.19.025 Commitment or recognizance of defendant direct the default to be and the
held to answer to information or indictment. Any person recognizance of bail, or money deposited as bail, as the
who may according to law be committed to jail, or be- case may be, is thereupon forfeited. [Code 1881
come recognized, or held to bail with sureties for his ap- 1873 p 230 § 217; 1854 p 114 § 81; RRS § 2090) 1031'
pearance in court to answer to any indictment, may in Rules of court: This section superseded by CrR 3.2 See comms
like manner so be committed to jail, or become recog- after CrR 3.2.
nized and held to bail for his appearance to answer to Bench warrant for arrest of defendant upon failure to a
any information or indictment, as the case may be. judgment:RCW 10.64.035. pp for
[1890 p 101 § 5; RRS § 2052. Formerly codified in
RCW 10.19.020.1 10.19.090 Forfeiture of recognizances—Jud .
Rules of court This section superseded by CrR 3.2 See comment ment Execution. In criminal cases where a recog�.
after CrR 3.2 zance for the appearance of any person, either as a
witness or to appear and answer, shall have been taken
10.19.040 Officers authorized to take recognizance and a default entered, the recognizance shall be declared
and approve bail. Any officer authorized to execute a forfeited by the court, and at the time of adjudging such
warrant in a criminal action, may take the recognizance forfeiture said court shall enter judgment against the
and justify and approve the bail; he may administer an principal and sureties named in such recognizance for
oath and examine the bail as to its sufficiency. [Code the sum therein mentioned, and execution may issue
1881 § 1034; 1873 p 229 § 214; 1854 p 114 § 78; RRS § thereon the same as upon other judgments. [Code 1881
2087. FORMER PART OF SECTION: 1891 c 11 § 13; § 1137; 1873 p 230 § 217; 1867 p 103 § 1; RRS §
Code 1881 § 1927; 1873 p 395 § 225; 1854 p 108 § 33; 2231.1
RRS § 1957, now codified in RCW 10.16.070.1
Admittance to bail and approval of sureties:RCW 10.16.070. 10.19.100 Stay of execution of forfeiture judg-
ment Bond. The parties, or either of them, against
10.19.050 Bail must justify. Bail shall, when re- whom such judgment may be entered in the superior or
quired,justify as in civil cases. [Code 1881 § 1169. 1854 supreme courts, may stay said execution for sixty days v
p 129 § 178; RRS § 1956.1 by giving a bond with two or more sureties, to be ap-
Ruks of court This section superseded by CrR 3.2. See comment proved by the clerk,conditioned for the payment of such
after CrR 3.2 judgment at the expiration of sixty days, unless the same
shall be vacated before the expiration of that time.
10.19.060 Certification and filing of recognizances. [1891 c 28 § 86; Code 1881 § 1138; 1873 p 242 § 281;
Every recognizance taken by any peace officer must be 1867 p 103 § 2; RRS § 2232. FORMER PART OF
certified by him forthwith to the clerk of the court to SECTION: 1891 c 28 § 87; Code 1881 § 1139; 1867 p
which the defendant is recognized.. The clerk must 103 § 3; RRS § 2233, now codified as RCW 10.19.105.]
thereupon record the recognizance in the order book,
and, from the time of filing, it has the same effect as if 10.19.105 Forfeiture judgment vacated on defendant's
taken in open court. [Code 1881 § 1035; 1873 p 230 § Production—When. If a bond be given and execution
215; 1854 p 114 § 79; RRS § 2088.] stayed, as provided in RCW 10.19.100, and the person
for whose appearance such recognizance was given shall
10.19.065 Taking and entering recognizances. Re- be produced in court before the expiration of said period
cognizances in criminal proceedings may be taken in of sixty days, the judge may vacate such judgment upon
open court and entered on the order book. [Code 1881 § such terms as may be just and equitable, otherwise exe-
1033; 1854 p 114 § 77; RRS § 2086.1 cution shall forthwith issue as well against the sureties in
the new bond as against the judgment debtors. [1891 c
10.19.070 Cash -bail. The defendant may, in the § §
28 87; Code 1881 1139; 1867 p 103 § 3; RRS §
place of giving bail, deposit with the clerk of the court to 2233. Formerly RCW 10.19.100, part.]
which he is held to answer, the sum of
mote mentioned
ention ed
in the order, and upon delivering to the sheriff the cer 10.19.110 Recognizances before justice of the peace
tificate of deposit, he must be discharged from custody. or magistrate—Forfeiture—Action. All recogni-
[Code 1881 § 1036; 1873 p 230 § 216; 1854 p 114 § 80; zances taken and forfeited before any justice of the
RRS § 2089.] peace or magistrate, shall be forthwith certified to the
Ruks of court This section superseded by CrR 3.2 See comment clerk of the superior court of the county; and it shall be
after CrR 3.2 the duty of the prosecuting attorney to proceed at once
Cash bail before justices of the peace or committing magistrates: by action against all the persons bound in such recogni-
RCW 10.04.040 zances, and in all forfeited recognizances whatever, or
such them as
10.19.080 Forfeiture of bail When entered. If 1881 §f 1166; 18 3ep 230 § 215; 1854 pmay elect tod128 § 175;[RRS
without sufficient excuse the defendant neglect to appear § 2234. FORMER PART OF SECTION: Code 1881 §
for trial or judgment, or upon any other occasion when 1936; 1873 p 397 § 235; 1863 p 390 § 216; 1859 p 141 §
(Title 10 RCW(1979 Ed.}_p 141
Jurisdiction And Venue 10.25.020
185; 1854 p 109 § 43; RRS § 1965, now codified as OF
p TI § 42; de 188119649 no; 1873 codified as RCW
RCW 10.16.190.1 1854 10.16.135.1
Acton on forfeiture of recognizance:RCW 10.16.190.
10.22.020 Procedure--Costs. In such case, if the
10.19.120 Action on recognizance not barred— party injured appear in the court in which the cause is
Went of form or formality. No action brought on any pending at any time before the final judgment therein,
recognizance [bail or appearance bond] given in any
criminal proceeding whatever shall be barred or and acknowledge, in writing, that he has received satis-
faction for the injury, the court may, in its discretion, on
fated,nor shall judgment be arrested thereon, by reason payment of the costs incurred, order all proceedings to
of any neglect or omission to note or record the default be discontinued and the defendant to be discharged. The
of any principal or surety at the time when such default reasons for making the order must be set forth therein
shall happen, or by reason of any defect in the form of and entered in the minutes. Such order is a bar to an-
the recognizance, if it sufficiently appear from the tenor other prosecution for the same offense. [1891 c 28 § 63;
thereof at what court or before what justice the party or Code 1881 §§ 1041, 1042; 1873 p 230 § 220; 1854 p 115
witness was bound to appear, and that the court or § 84; RRS § 2127.1
magistrate before whom it was taken was authorized by
law to require and take such recognizance; and a recog-
nizance 10.22.030 Compromise in all other cases forbidden.
may be recorded after execution awarded. [1891 No offense can be compromised, nor can any proceed-
s 28 § 88; Code 1881 § 1167; 1854 p 129 § 176; RRS § in s for the prosecution or punishment thereof be stayed
2235. FORMER PART OF SECTION: Code 1881 § upon a compromise, exceptas provided in this chapter.
RC 119. p 219 § 489; RRS § 777, now codified as [1891 c 28 § 64; Code 1881 § 1043; RRS § 2128.]
RCW 19.72.170.]
Compromise of misdemeanors by magistrates:RCW 10.16.135.
10.19.130 Failure to appear before court after re-
lease on personal recognizance Penalty. Any person,
having been released on personal recognizance with the Chapter 10.25
requirement of a subsequent personal appearance before JURISDICTION AND VENUE
any court of•this state, who wilfully fails to appear when
so required by the court shall be guilty of a crime. Un-
less otherwise shown, failure to appear when required sections
shall be presumed to be wilful. The penalty for wilful 10.25.010 Criminal actions—Where commenced.
10.25.020 Offenses committed in two or more counties.
failure to appear shall be a fine of not more than ten 10.25.030 Offenses committed on county boundaries.
thousand dollars or imprisonment for not more than five 10.25.040 When stolen property is taken into another county.
years, or both. The penalty imposed under this section 10.25.050 Homicide in one county—Death in another.
shall not exceed the maximum penalty for the original 10.25.060 Accessory after the fact.
crime charged or, if there has been no charge, the of- 10.25.070 Change of venue--Procedure.
10.25.080 Change of venue order—Transcript.
fense for which the person was arrested. [1975 1 st ex.s. c 10.25.090 Change of venue—Consent of parties.
2 § 1.1 10.25.100 Change of venue—Bonds for appearance of wit-
nesses and defendant.
10.25.110 Venue corrected after trial commenced.
10.25.130 Costs when case transferred to another county.
Chapter 10.22
COMPROMISE OF MISDEMEANORS 10.25.010 Criminal actions—Where commenced.
Except as otherwise specially provided by statute, all
criminal actions shall be commenced and tried in the
Sections county where the offense was committed. [1891 c 28 §
10.22.010 When permitted--Exceptions. 4; Code 1881 § 780; 1879 p 75 § 10; RRS § 2012.]
10.22.020 Procedure—Costs.
10.22.030 Compromise in all other cases forbidden. Rules of court: This section superseded by CrR 5.1. See comment
Compromise of misdemeanors by magistrates:RCW 10.16.135. after CrR 5.1.
10.22.010 When permitted—Exceptions. When a 10.25.020 Offenses committed in two or more coun-
defendant is prosecuted in a criminal action for a mis- ties. When a public offense has been committed partly in
demeanor, for which the person injured by the act con- one county and partly in another, or the act or effects
stituting the offense has a remedy by a civil action, the constituting or requisite to the consummation of the of-
offense may be compromised as provided in RCW 10- fense occur in two or more counties, the jurisdiction is in
.22.020, except when it was committed: either county. [Code 1881 § 959; 1854 p 99 § 129; RRS
(1) By or upon an officer while in the execution of the § 2013.1
duties of his office. Rules of court: This section superseded by CrR 5.1. See comment
(2) Riotously; or, after CrR 5.1.
(3) With an intent to commit a felony. [Code 1881 § Venue of crime committed on vessel and doubt exists as to proper
1040; 1854 p 115 § 84; RRS § 2126. FORMER.PART county:RCW 88.16.150.
(Title 10 RCW(1979 Ed.}--p 151
w
Title 10 RCW: Criminal Procedure
10.25.030 !
10.25.030 Offenses committed on county boundaries. to the sheriff, who must without delay, deposit them in
Offenses committed on the boundary line of two coun- the clerk's offce o[the proper county and make his re-
ties,.or within one hundred rods of the dividing
iding line
nt be- urn p 117accordingly.99; R1891 c§ 2019.188; Code 1881 § 1073;
tween them, may be alleged to
information to have been committed in either of them, Rules of court. This section superseded by CrR 5.2. See comment
and may be prosecuted and punished in either county. after CrR 5.2.
[1891 c 28 § 5; Code 1881 § 960; 1854 p 99 § 130; RRS
§ 2014.1 10.25.090 Change of venue—Consent of parties..
Rules of court: This section superseded by CrR 5.1. See comment The court may at its discretion at any time order a
after CrR 5.1. change of venue or place of trial to any county in the
state, upon the written consent or agreement of the
10.25.040 When stolen property is taken into another prosecuting attorney and the defendant. [Code 1881 §
county. When property taken in one county by burglary, 1075; 1873 p 235 § 237; RRS § 2020.]
robbery, larceny or embezzlement, has been brought into Rules of court: This section superseded by CrR 5.1. See comment
another county, the jurisdiction is in either county. after CrR 5.2.
[Code 1881 § 961; 1854 p 99 § 131; RRS § 2015.1
Rules of court: This section superseded by CrR 5.1. See comment 10.25.100 Change of venue
after
for appearance
after CrR 5.1. of witnesses and defendant. When a change of venue is
10.25.050 Homicide in one county Death in an- ordered, if the offense be bailable, the court shall recog-
nize the defendant, and in all cases the witnesses, to ap-
other. If any mortal wound is given, or poison adminis- pear at the court to which the change of venue was
tered in one county, and death, by means thereof, ensue granted. [1891 c 28 § 9; Code 1881 § 1076; 1854 p 117
in another, the jurisdiction is in either. [Code 1881 § § 100; RRS § 2021.1
962; 1854 p 99 § 132; RRS § 2016.1
Rules of court: This section superseded by CrR 5.2. See comment
Rules of court. This section superseded by CrR 5.1. See comment after CrR 5.2.
after CrR 5.1.
10.25.060 Accessory after the fact. An accessory af- 10.25.110 Venue corrected after trial commenced.
ter the fact to a felony may be tried either in the county When it appears, at any time before verdict or judg-
, or in the ment, that the defendant is prosecuted in a county not
in which he shall have become an accessory
county in which the felony shall have been committed. having jurisdiction, the court may order the venue of the
[1891 c 28 § is Code felon § hall958; RRS § 2017.] indictment or information to be corrected, and direct
that all the papers and proceedings be certified to the
Rules of court. This section superseded by CrR 5.1. See comment superior court of the proper county, and recognize the
after CrR 5.1. defendant and witnesses to appear at such•court on a
10.25.070 Change of venue—Procedure. The de- day specified in the order, and the prosecution shall pro-
fendant may show to the court, by affidavit, that he be- ceed in the latter court in the same manner as if it had
lieves he cannot receive a fair trial in the county where been there commenced. [1891 c 28 § 72; Code 1881 §
the action is pending, owing to the prejudice of the 1094; 1873 p 238 § 255; 1854 p 120 § 119; RRS §
judge, or to excitement or prejudice against the defend- 2164.1
ant in the county or some part thereof, and may there- Roles of court: This section superseded by CrR 5.1. See comment
upon demand to be tried in another county. The after CrR 5.1.
application shall not be granted on the ground of excite-
ment or prejudice other than prejudice of the judge, un- 10.25.130 Costs when case transferred to another
less the affidavit of the defendant be supported by other county. When a criminal case is transferred to another
evidence, nor in any case unless the judge is satisfied the county pursuant to this chapter the county from which
ground upon which the application is made does exist. such case is transferred shall pay to the county in which
[1891 c 28 § 7; Code 1881 § 1072; 1854 p 117 § 98; the case is tried all costs accrued for per diem and mile-
RRS § 2018.1 age for jurors and witnesses and all other costs properly
charged to a convicted defendant. [1961 c 303 § 2.1
10.25.080 Change of venue order Transcript.
When the affidavit is founded on prejudice of the judge,
the court may, in its discretion, grant a change of venue Chapter 10.27
to some other county, or may continue the cause until
such time as it can be tried by another judge in the same GRAND JURIES—CRIMINAL INVESTIGATIONS
county; if the affidavit is founded upon excitement or
prejudice in the county against the defendant,the court Sections
may, in its discretion, grant a change of venue to the 10.27.010 Short title Purpose.
most convenient county. The clerk must, upon the 10.27.020 Definitions.
10.27.030 Summoning grand jury.
granting of a change of the place of trial, make a tran- 10.27.040 Selection of grand jury members.
script of the proceedings and order of court; and, having 10.27.050 Special inquiry judge----Selection.
sealed up the same with the original papers, deliver them 10.27.060 Discharge of panel,juror—Grounds.
(title 10 RCW(1979 Ed.}--p 161
Grand Juries—Criminal Investigations 10.27.070
10.27.070 Foreman—Oath—Instructions—Reporter— court, where the public interest so demands, whenever in '
Secretary—Interpreter---Guard----Quo- ,
rum—Legal
ecretary—Interpreter– ward—Quo-
rum—Legal advisers—Attorney general's du- opinion inion there is sufficient evidence of criminal activ-
cies—Special prosecutor—Witnesses. ity or corruption within the county or whenever so re-
10.27.080 Persons authorized to attend—Restrictions on quested by a public attorney, corporation counsel or city t
attorneys. attorney upon showing of good cause. [1971 ex.s. c 67
10.27.090 Secrecy enjoined—Exceptions—Use and avail- §
ability of evidence. 3•]
10.27.100 Inquiry as to offens Duties—Investigation. ,
10.27.110 Duration of sessions Extensions.
10.27.120 Self–incrimination—Right to counsel. 10.27.040 Selection of grand jury members. The
10.27.130 Self–incrimination—Refusal to testify or give evi- court shall select the members of the grand jury from
dence Procedure. either the petit jury panel, or from a grand jury panel of
10.27.140 Witnesses—Attendance.sv Attendance.
I
10.27.150 Indictments—Issuance. one hundred individuals drawn by lot in the manner
10.27.160 Grand jury report. provided for petit jury panels under chapter 2.36 RCW,
10.27.170 Special inquiry judge—Petition for order. or from both. [1971 ex.s. c 67 § 4.]
10.27.180 Special inquiry judge—Disqualification from sub-
sequent proceedings.
10.27.190 Special inquiry judge—Direction to public attorney 10.27.050 Special inquiry judge---Selection. In ev-
to participate in proceedings in another county— ery county a superior court judge as designated by a a
Procedure. majority of the judges shall be available to serve as a
/nterpreters—Legs/proceedings:Chapter 2.42 RCW. special inquiry judge to hear evidence concerning crimi- `
Juries:Chapter 2.36 RCW. nal activity and corruption. [1971 ex.s. c 67 § 5.] `
10.27.010 Short title Purpose. This chapter shall 10.27.060 Discharge of panel 1
be known as the criminal investigatory act of 1971 and Neither the grand jury panel nor any individual grand
is enacted on behalf of the people of the state of juror may be challenged, but the court may:
Washington to serve law enforcement in combating (1) At any time before a grand jury is sworn dis-
crime and corruption. [1971 ex.s. c 67 § 1.] charge the panel and summon another if it finds that the
original panel does not substantially conform to the re- ic
10.27.020 Definitions. For the purposes of this quirements of chapter 2.36 RCW or
chapter: (2) At any time after a grand juror is drawn, refuse to
(1) The term "court" shall mean any superior court in swear him, or discharge him after he has been sworn,
the state of Washington. upon a finding that he is disqualified from service pur-
(2) The term "public attorney" shall mean the prose- suant to chapter 2.36 RCW, or incapable of performing
cuting attorney of the county in which a grand jury or his duties because of bias or prejudice, or guilty of mis-
special grand jury is impaneled; the attorney general of conduct in the performance of his duties such as to im-
the state of Washington when acting pursuant to RCW pair the proper functioning of the grand jury. [1971 ex.s.
10.27.070(9) and, the special prosecutor appointed by c 67 § 6.1
the governor, pursuant to RCW 10.27.070(10), and their
deputies or special deputies. 10.27.070 Foreman-----Oath—Instructions
(3) The term "indictment" shall mean a written accu-
RePorter--- Secretary Inter reter—Guardsation found by a andjury.
4 T " Quorum—Legal advisers—Attorney
( ) he term principal shall mean any person whose te generals the
conduct is beinginvestigated b a rand jury or special ties---''Special prosecutor—Witnesses. (1) When the
inquiry g y g y p grand jury is impaneled, the court shall appoint one of I
Q y judge. the jurors to,be foreman, and also another of the jurors
(5) The term "witness" shall mean any person sum- to act as foreman in case of the absence of the foreman.
moned to appear before a grand jury or special inquiry (2) The grand jurors must be sworn pursuant to the
judge to answer questions or produce evidence. "
(6) A "grand jury" consists of not less than twelve nor following oath: You, as grand jurors for the county of
more than seventeen persons, is impaneled b a su erior - ---"-'---- do solemnly swear (or affirm) that you will +
court and constitutes a part of such court. The functions diligently inquire into and true presentment make of all f
of a grand jury are to hear, examine and investigate evi- such matters and things as shall come to your knowledge i
g and you will submit things truly as they come to your
dence concerning criminal activity and corruption and to knowledge, according to your charge the laws of this !
take action with respect to such evidence. The grand state and your understanding; you shall indict no person
jury shall operate as a whole and not by committee.
(7)A "special inquiry through envy, hatred, malice or political consideration;
designated e a majority gee is aerior for cojudgesjudge
neither will you leave any person unindicted through
a county to hear and receive evidence of crime anor- fear, favor, affection, reward or the hope thereof or po-
ruption. [1971 ex.s. c 67 § 2.j litical consideration. The counsel of the state, his advice,
and that of your fellows you shall keep secret."
10.27.030 Summonin rand ur . No (3) After a grand jury has been sworn, the court must
h grand juror a
Mal'be summoned to attend at the superior court of any printed copy of all thliver or cause to eeprovisiions of this to cchapter,, and the
county except upon an order signed by a majority of the court may give the grand jurors any oral or written in-
Adges thereof. A grand jury shall be summoned by the structions,or both, relating to the proper performance of
[Title 10 RCW(1979 Ed.)—p 171
I
10.27.070 Title 10 RCW: Criminal Procedure
their duties at any time it deems necessary or 10.27.070(9) and 10.27.070(10) hereof, for the purpo9e
appropriate. of examining witnesses in their presence, or of giving the
(4) The court shall appoint a reporter to record the grand jurors legal advice regarding any matter cogniza.
proceedings before the grand jury or special inquiry ble by them. He shall also, when requested by them,
judge, and shall swear him not to disclose any testimony draft indictments and issue process for the attendance of
or the name of any witness except as provided in RCW witnesses.
10.27.090. In addition, the foreman of the grand jury (12) Subject to thea approval of the
pp court the
, in his discretion select 0
may, e ect on
e of the grand furors to ration counsel or city attorney for any city or town in
act as secretary to keep records of the grand jury's the county where any grand jury has been convened may
business. appear as a witness before the grand jury to advise the
(5) The court, whenever necessary, shall appoint an grand jury of any criminal activity or corruption within
interpreter, and shall swear him not to disclose any tes- his jurisdiction. [1971 ex.s. c 67 § 7.1
timony or the name of any witness except as provided in
RCW 10.27.090. 10.27.080 Persons authorized to attend Restric-
(6) When a person held in official custody is a witness tions on attorneys. No person shall be present at sessions
before a grand jury or special inquiry judge, a public of the grand jury or special inquiry judge except the
servant, assigned to guard him during his appearance witness under examination and his attorney, public at.
may accompany him. The court shall swear such public torneys, the reporter, an interpreter, a public servant
servant not to disclose any testimony or the name of any guarding a witness who has been held in custody, if any,
witness except as provided in RCW 10.27.090. and, for the purposes provided for in RCW 10.27.170,
(7) Proceedings of a grand jury shall not be valid un- any corporation counsel or city attorney. The attorney
less at least twelve of its members are present. The fore- advising the witness shall only advise such witness con.
man or acting foreman of the grand jury shall conduct cerning his right to answer or not answer any questions
proceedings in an orderly manner and shall administer and the form of his answer and shall not otherwise en-
an oath or affirmation in the manner prescribed by law gage in the proceedings. No person other than grand ju-
to any witness who shall testify before the grand jury. rors shall be present while the grand jurors are
(8) The legal advisers of a grand jury are the court deliberating or voting. Any person violating either of the
and public attorneys, and a grand jury may not seek or above provisions may be held in contempt of court.
receive legal advice from any other source. When neces- [1971 ex.s. c 67 § 8.1
sary or appropriate, the court or public attorneys or both
must instruct the grand jury concerning the law with re-
spect to its duties or any matter before it, and such in- 10.27.090 Secrecy enjoined Exceptions—Use
structions shall be recorded by the reporter. and availability of evidence. (1) Every member of the
grand jury shall keep secret whatever he or any other
(9) (a) Upon request of the prosecuting attorney of grand juror has said, and how he or any other grand ju-
the county in which a grand jury or special inquiry judge ror has voted, except for disclosure of indictments, if
is impaneled, the attorney general shall assist such pros- any, as provided in RCW 10.27.150.
ecuting attorney in attending such grand jury or special
inquiry judge. (2) No grand juror shall be permitted to state or tes-
tify in any court how he or any other grand juror voted
(b) Whenever directed by the court, the attorney gen- on any question before them or what opinion was ex-
eral shall supersede the prosecuting attorney in attend- pressed by himself or any other grand juror regarding
ing the grand jury and in which event the attorney such question.
general shall be responsible for the prosecution of any
(3) No grand juror, public or private attorney, city
indictment returned by the grand jury.
attorney or corporation counsel, reporter, interpreter or
(c) When the attorney general is conducting a crimi- public servant who held a witness in custody before a
nal investigation pursuant to powers otherwise granted grand jury or special inquiry judge, or witness, principal
to him, he shall attend all grand juries or special inquiry or other person shall disclose the testimony of a witness
judges in relation thereto and shall prosecute any indict- examined before the grand jury or special inquiry judge
ments returned by a grand jury. or other evidence received by it, except when required by
(10) After consulting with the court and receiving its the court to disclose the testimony of the witness exam-
approval, the grand jury may request the governor to ined before the grand jury or special inquiry judge for
appoint a special prosecutor to attend the grand jury. the purpose of ascertaining whether it is consistent with
The grand jury shall in the request nominate three per- that of the witness given before the court, or to disclose
sons approved by the court. From those nominated, the his testimony given before the grand jury or special in-
governor shall appoint a special prosecutor, who shall quiry judge by any person upon a charge against such
supersede the prosecuting attorney and the attorney person for perjury in giving his testimony or upon trial
general and who shall be responsible for the prosecution therefor, or when permitted by the court in furtherance
of any indictments returned by the grand jury attended of justice. .
by him.
(4) The public attorney shall have access to all grand
(11) A public attorney shall attend the grand jurors jury and special inquiry judge evidence and may intro-
when requested by them, and he may do so on his own duce such evidence before any other grand jury or any
motion within the limitations of RCW 10.27.020(2), trial in which the same may be relevant.
(Title 10 RCW(1979 Ed.)—*18]
Grand Juries--Criminal Investigations 10.27.150
(5) The court upon a showing of good cause may 10.27.130 Self-incrimination—Refusal -to testify
make any or all grand jury or special inquiry judge evi- or give evidence Procedure. If in.any proceedings be-
dence available to any other public attorney, prosecuting fore a grand jury or special inquiry judge, a person re-
attorney, city attorney or corporation counsel upon fuses, or indicates in advance a refusal, to testify or
proper application and with the concurrence of the pub- provide evidence of any other kind on the ground that he
lic attorney attending such grand jury. Any witness' tes- may be incriminated thereby, and if a public attorney
timony, given before a grand jury or a special inquiry requests the court to order that person to testify or pro-
judge and relevant to any subsequent proceeding against vide the evidence, the court shall then hold a hearing
the witness, shall be made available to the witness upon and shall so order unless it finds that to do so would be
proper application to the court. The court may also, clearly contrary to the public interest, and that person
upon proper application and upon a showing of good shall comply with the order. The hearing shall be subject
cause, make available to a defendant in a subsequent to the provisions of RCW 10.27.080 and 10.27.090, un-
criminal proceeding other testimony or evidence: less the witness shall request that the hearing be public.
(a) when given or presented before a special inquiry ' If, but for this section, he would have been privileged
judge, if doing so is in the furtherance of justice; or to withhold the answer given or the evidence produced
(b) when given or presented before a grand jury, if the by him, the witness may not refuse to comply with the
order on the basis of his privilege against self-incrimi-
court finds that doing so is necessary to prevent an in- nation; but he shall not be prosecuted or subjected to
justice and that there is no reason to believe that doing criminal penalty or forfeiture for or on account of any
so would endanger the life or safety of any witness or his transaction, matter, or fact concerning which he has
family. The cost of any such transcript made available been ordered to testify pursuant to this section. He may
shall be borne by the applicant. [1971 ex.s. c 67 § 9.] nevertheless be prosecuted for failing to comply with the
order to answer, or for perjury or for offering false evi-
10.27.100 Inquiry as to offenses—Duties—In- dence to the grand jury. [1971 ex.s. c 67 § 13.]
vestigation. The grand jurors shall inquire into every of-
fense triable within the county for which any person has 10.27.140 Witnesses—Attendance. (1) Except as
been held to answer, if an indictment has not been found provided in this section, no person has the right to ap-
or an information filed in such case, and all other in- pear as a witness in a grand jury or special inquiry judge
dictable offenses within the county which are presented proceeding.
to them by a public attorney or otherwise come to their (2) A public attorney may call as a witness in a grand
knowledge. If a grand juror knows or has reason to be- jury or special inquiry judge proceeding any person be-
lieve that an indictable offense, triable within the lieved by him to possess information or knowledge rele-
county, has been committed, he shall declare such a fact vant thereto and may issue legal process and subpoena
to his fellow jurors who may begin an investigation. In to compel his attendance and the production of evidence.
such investigation the grand juror may be sworn as a (3) The grand jury or special inquiry judge may cause
witness. [1971 ex.s. c 67 § 10.] to be called as a witness any person believed by it to
possess relevant information or knowledge. If the grand
jury or special inquiry judge desires to hear any such
10.27.110 Duration of sessions Extensions. The witness who was not called by a public attorney, it may
length of time which a grand jury may sit after being direct a public attorney to issue and serve a subpoena
convened shall not exceed sixty days. Before expiration upon such witness and the public attorney must comply
of the sixty day period and any extensions, and upon with such direction. At any time after service of such
showing of good cause, the court may order the grand subpoena and before the return date thereof, however,
jury panel extended for a period not to exceed sixty the public attorney may apply to the court which im-
days. [1971 ex.s. c 67 § 11.1 paneled the grand jury for an order vacating or modify-
ing the subpoena on the grounds that such is in the
10.27.120 Self-incrimination—Right to counsel. public interest. Upon such application, the court may in
Any individual called to testify before a grand jury or
its discretion vacate the subpoena, extend its return date,
attach reasonable conditions to directions, or make such
special inquiry judge, whether as a witness or principal, other qualification thereof as is appropriate.
if not represented by an attorney appearing with the (4) The proceedings to summon a person and compel
witness before the grand jury or special inquiry judge, him to testify or provide evidence shall as far as possible
must be told of his privilege against self-incrimination. be the same as proceedings to summon witnesses and
Such an individual has a right to representation by an compel their attendance. Such persons shall receive only
attorney to advise him as to his rights, obligations and those fees paid witnesses in superior court criminal
duties before the grand jury or special inquiry judge, and trials. [1971 ex.s. c 67 § 14.]
must be informed of this right. The attorney may be
present during all proceedings attended by his client un- 10.27.150 Indictments—Issuance. After hearing.
less immunity has been granted pursuant to RCW 10- examining and investigating the evidence before it, a
.27.130. After immunity has been granted, such an grand jury may, in its discretion, issue an indictment
individual may leave the grand jury room to confer with against a principal. A grand jury shall find an indict-
his attorney. [1971 ex.s. c 67 § 12.1 ment only when from all the evidence at least three-
flitle 10 RCW(1979 Ed.)—p 191
R
10.27.150 Title 10 RCW: Criminal Procedure
fourths of the jurors are convinced that there is probable
cause to believe a principal is guilty of a criminal of- Chapter 10.31
fense. When an indictment is found by a grand jury the WARRANTS AND ARREST'S
foreman or acting foreman shall present it to the court.
[1971 ex.s. c 67 § 15.] Sections
10.31.010 When warrant to issue.
10.31.020 Service—By whom.
10.27.160 Grand jury report. The grand jury may 10.31.030 Service---How—Warrant not in possession,pr
prepare its conclusions, recommendations and su es- cedurc—Bait.
gg 10.31.040 Officer may break and enter.
tions in the form of a grand jury report. Such report 10.31.050 Officer may use force.
shall be released to the public onlyupon a determination 10.31.060 Arrest
b
a
Im ermination est by telegraph or teletype.
majority 10.
Y � y of the judges of the superior court of the 31.100 Arrest without warrant—Felony--Misdemeanor
or gross misdemeanor in presence o
f
officer,e
z
�county court that (1) the findings in the report deal with n� , gfe .harm'�k'ngmatters of broad public policy affecting the inter- property,canabistraffiofnses
est and do not identify or criticize any individual; (2) the Rules of court Warrant upon indictment or information--_CrR
release of the report would be consistent with the public - 2.2-
interest
2interest and further the ends of justice; and (3) release Search and seizure:Chapter 10.79 RCWW,
of the report would not prejudice any pending criminal
investigation or trial. [1971 ex.s. c 67 § 16.] 10.31.010 When warrant to issue. When an indict-
ment is found or an information filed the court may di.
10.27.170 Special inquiry judge--Petition for or- rect the clerk to issue a warrant for the arrest of the
der. When any public attorney, corporation counsel or defendant, returnable forthwith; if no order is made the
city attorney has reason to suspect crime or corruption, clerk must issue a warrant within ten days after the in-
within the jurisdiction of such attorney, and there is dictment is returned into court or the information filed.
reason to believe that there are persons who may be able [1891 c 28 § 41; Code 1881 § 1026; 1873 p 228 § 206;
to give material testimony or provide material evidence 1854 p 113 § 70; RRS § 2077.]
Rules of court This section superseded by CrR 2.2 See comment
concerning such suspected crime or corruption, SUCK at
torney may petition the judge designated as a special in- after CrR 22
quiry judge pursuant to RCW 10.27.050 for an order
directed to such persons commanding them to appear at 10.31.020 Service—By whom. All criminal process
a designated time and place in said county and to then issuing out of the superior court shall be directed to the
and there answer such questions concerning the sus- sheriff of the county in which the court is held, and be
petted crime or corruption as the special inquiry judge by him executed according to law. [1929 c 39 § 1; Code
may approve, or provide evidence as directed by the spe- 1881
tial inquiry judge. [1971 ex.s. c 67 § 17.] § 1027, part; 1873 p 228 § 207; 1860 p 146 § 214;
1854 p 113 § 71; RRS § 2080.1
10.27.180 Special inquiry judge—Disqualification after CrR 2 of court This section superseded 6y CrR 22 See comment
from subsequent proceedings. The judge serving as a Officer may arrest defendant in any county:RCW 10.34.010.
special inquiry judge shall be disqualified from acting as
a magistrate or judge in any subsequent court proceed-
ing arising from such inquiry except alleged contempt10.31.030 Service—How Warrant not in pos-
for neglect or refusal to appear, testify or provide evi- session, Procedure—Bail. The officer making an arrest
dente at such inquiry in response to an order, summons must inform the defendant that he acts under authority
of a warrant, and must also show the warrant: Provided,
or subpoena. [1971 ex.s. c 67 § 18.]
That if the officer does not have the warrant in his pos-
session at the time of arrest he shall declare that the
10.27.190 Special inquiry judge Direction to warrant does presently exist and will be shown to the
public attorney to participate in proceedings in another defendant as soon as possible on arrival at the place of
county Procedure. Upon petition of a public attorney intended confinement: Provided, further, That any offi-
to the special inquiry judge that there is reason to sus- cer making an arrest under this section shall, if the per-
pect that there exists evidence of crime and corruption in son arrested wishes to deposit bail, take such person
another county, and with the concurrence of the special directly and without delay before a judge or before an
inquiry judge and prosecuting attorney of the other officer authorized to take the recognizance and justify
county, the special inquiry judge may direct the public and approve the bail, including the deposit of a sum of
attorney to attend and participate in special inquiry money equal to bail. Bail shall be the amount fixed by
judge proceedings in the other county held to inquire the warrant. Such judge or authorized officer shall hold
into crime and corruption which relates to crime or cor- bail for the legal authority within this state which issued
ruption under investigation in the initiating county. The such warrant if other than such arresting authority.
proceedings of such special inquiry judge may be tran- [1970 ex.s. c 49 § 3; 1891 c 28 § 43; Code 1881 § 1030;
scribed, certified and filed in the county of the public 1873 p 229 § 210; 1854 p 114 § 74; RRS § 2083.]
attorney's jurisdiction at the expense of that county. Severability-1970 ex s.a 49:See note following RCW 9.69.100:
[1971 ex.s. c 67 § 19.1 Bail:Chapter 10.19 RCW.
[Title 10 RCW(1979 Ed.) -.p 201
Fugitives of This State 10.34.020
10.31.040 Officer may break and enter. To make an misdemeanor or gross misdemeanor, involving physical
arrest in criminal actions, the officer may break open harm or threats of harm to any person or property or the
any outer or inner door, or windows of a dwelling house unlawful taking of property or involving the use or pos-
or other building, or any other inclosure, if, after notice session of cannabis shall have the authority to arrest the
of his office and purpose, he be refused admittance. person.
[Code 1881 § 1170; 1854 p 129 § 179; RRS § 2082.1 (2) Any police officer having probable cause to be-
lieve that a person has committed or is committing a vi-
10.31.050 Officer may use force. If after notice of olation of any"of the following traffic laws shall have the
the intention to arrest the defendant, he either flee or authority to arrest the person:
forcibly resist, the officer may use all necessary means to (a) RCW 46.52.010, relating to duty on striking an
effect the arrest. [Code 1881 § 1031; 1873 p 229 § 211; unattended car or other property;
1854 p 114 § 75; RRS § 2084.] (b) RCW 46.52.020, relating to duty in case of injury
to or death of a person or damage to an attended
10.31.060 Arrest by telegraph or teletype. Whenever vehicle;
any person or persons shall have been indicted or ac- (c) RCW 46.61.500 or 46.61.530, relating to reckless
cused on oath of any public offense,or thereof convicted, driving or racing of vehicles;
and a warrant of arrest shall have been issued, the mag- (d) RCW 46.61.506, relating to persons under the in-
istrate issuing such warrant, or any justice of the su- fluence of intoxicating liquor or drugs;
preme court, or any judge of either the court of appeals (e) RCW 46.61.525, relating to operating a motor ve-
rior court m
hicle in a negligent or supe may indorse manner.o se thereon an order signed by
him and authorizingthe service thereof I (3) A law enforcement officer investigating at the
e by telegraph or g 8
teletype, and thereupon such warrant and order may be scene of a motor vehicle accident may arrest the driver
sent b telegraph or teletype to an marshal sheriff of a motor vehicle involved in the accident if the officer
Y g P ,
YP Y
constable or policeman, and on the receipt of the tele- has probable cause to believe that the driver has com-
graphic or teletype copy thereof by any such officer, he mitted in connection with the accident a violation of any
shall have the same authority and be under the same traffic law or regulation.
obligations to arrest, take into custody and detain the (4) Except as specifically provided in subsections (2)
said person'or persons, as if the said original warrant of and (3) of this section, nothing in this section extends or
arrest, with the proper direction for the service thereof, otherwise affects the powers of arrest prescribed in Title
duly indorsed thereon, had been placed in his hands, and 46 RCW. [1979 1st ex.s. c 28 § 1; 1969 ex.s. c 198 § 1.]
the said telegraphic or teletype copy shall be entitled to Arrest procedure involving traffic violations:Chapter 46.64 RCW.
full faith and credit, and have the same force and effect Uniform controlled substances act:Chapter 69.50 RCW.
in all courts and places as the original; but prior to in-
dictment and conviction, no such order shall be made by
any officer, unless in his judgment there is probable Chapter 10.34
cause to believe the said accused person or persons guilty FUGITIVES OF THIS STATE
of the offense charged: Provided, That the making of
such order by any officer aforesaid, shall be prima facie Sections
evidence of the regularity thereof, and of all the pro- 10.34.010 Officer may arrest defendant in any county.
ceedings prior thereto. The original warrant and order, 10.34.020 Escape—Retaking prisoner—Authority.
or a copy thereof, certified by the officer making the or- 10.34.030 Escape—Retaking in foreign state—Extradition
der, shall be preserved in the telegraph office or police agents.
agency from which the same is sent, and in telegraphing Escape:Chapter 9A.76 RCW.
or teletyping the same, the original or the said certified Extradition and fresh pursuit:Chapter 10.88 RCW
Return of parole violators from without state: RCW 9.95.280-
copy may be used. [1971 c 81 § 48; 1967 c 91 § 1; Code 9.95.300.
1881 § 2357; 1865 p 75 § 16; RRS § 2081. Formerly
RCW 10.31.060 through 10.31.090.] 10.34.010 Officer may arrest defendant in any
county. If any person against whom a warrant may be
10.31.100 Arrest without warrant Felony issued for an alleged offense, committed in any county,
Misdemeanor or gross misdemeanor in presence of offi- shall either before or after the issuing of such warrant,
cer, exceptions—Crimes involving physical harm, tak- escape from, or be out of the county, the sheriff or other
ing property, cannabis, traffic offenses. A police officer officer to whom such warrant may be directed, may
having probable cause to believe that a person has com- pursue and apprehend the party charged, in any county
mitted or is committing a felony shall have the authority in this state, and for that purpose may command aid,
to arrest the person-without a warrant. A police officer and exercise the same authority as in his own county.
may arrest a person without a warrant for committing a [Code 1881 § 1922; 1873 p 394 § 220; 1854 p 107 § 28;
misdemeanor or gross misdemeanor only when the of- RRS § 1950.1
fense is committed in the presence of the officer, except
as provided in subsections (1) through (3) of this 10.34.020 Escape Retaking prisoner Au-
section. thority. If a person arrested escape or be rescued, the
(1) Any police officer having probable cause to be- person from whose custody he made his escape, or was
lieve that a person has committed or is committing a rescued, may immediately pursue and retake him at any
ITide 10 RCW(1979 Ed.j -p 211
10.34.020 Title 10 RCW: Criminal Procedure ti
time, and within any place in the state. To retake the 10.37.180 Time of offense—Description.
person escaping or rescued, the person pursuing has the 10.37.190 Words and phrases- How used.
same power to command assistance as given in cases of Ruffs of court:Rights of dependents—CrR 3.1-3.5.
arrest. [Code 1881 § 1032; 1873 p 229 § 212; 1854 p Ownership of property,proof of RCW 10.58.060.
114 § 76; RRS § 2085.1
10.37.010 Pleadings required in criminal proceedings,
10.34.030 Escape---Retaking in foreign state— No pleading other than an indictment, information or
Extradition agents. The governor may appoint agents (1) complaint shall be required on the part of the state in
to make a demand upon the executive authority of any any criminal proceedings in any court of the state, and
state or territory for the surrender of any fugitive from when such pleading is in the manner and form as pro-
justice, or any other person charged with a felony or any vided by law the defendant shall be required to plead
other crime in this state or (2) to accept the voluntary thereto as prescribed by law without any further action
k surrender of any such person who has waived extradi- or proceedings of any kind on the part of the state.
tion. Whenever an application shall be made to the [1925 ex.s. c 150 § 3; RRS § 2050-1. FORMER
governor for the appointment of an agent he may require , PARTS OF SECTION: (i) 1927 c 103 § 1; Code 1881
the official submitting the same to provide whatever in- § 764; RRS § 2023, now codified as RCW 10.37.015.
formation is necessary prior to approval of the (ii) 1909 c 87 § 1; 1891 c 117 § 1; 1890 p 100 § l; RRS
application. § 2024, now codified as RCW 10.37.026. tit 1891 c 28
The accounts of the agents appointed by the governor § 19; Code 1881 § 1003; 1873 p 224 § 186; 1869 p 240
under this section shall in all cases be paid from the § 181; RRS § 2054, now codified as RCW 10.37.025.1
state treasury out of funds appropriated for that purpose
upon claims approved by the office of the governor. The 10.37.015 Charge must be by information or indict.
office of the governor may prescribe the amounts to be ment Exceptions. No person shall be held to answer
reimbursed to such agents, in the manner in which leg- in any court for an alleged crime or offense, unless upon
islative bodies of political subdivisions of the state may an information filed by the prosecuting attorney, or upon
prescribe the amounts to be reimbursed to officers and an indictment by a grand jury, except in cases of misde-
employees thereof, as set forth in RCW 42.24.090: Pro- meanor or gross misdemeanor before a justice of the x.
vided, That these expenses shall be reasonable, and shall peace, or before a court martial. [1927 c 103 § 1; Code
be computed on the basis of actual expenditures in- 1881 § 764; RRS § 2023. Formerly RCW 10.37.010,
curred, and not on an hourly or per diem basis. [1967 c part.]
91 § 2; 1891 c 28 § 98; Code 1881 § 971; 1873 p 217 §
157; 1854 p 102 § 5; RRS § 2241.] 10.37.020 Indictment or information=Time for
filing. Whenever a person has been held to answer to any
criminal charge, if an indictment be not found or infor-
Chapter 10.37 mation filed against him within thirty days, the court
ACCUSATIONS AND THEIR REQUISITES shall order the prosecution to be dismissed; unless good
cause to the contrary be shown. [1909 c 249 § 59; Code
Sections 1881 § 771; RRS § 2311.1
10.37.010 Pleadings required in criminal proceedings. Rules of court. This section superseded by CrR 2.1. See comment
10.37.015 Charge must be by information or indictment—
Exceptions. after CrR 2 1.
10.37.020 Indictment or information—Time for filing. Dismissal as bar to other prosecution:RCW 10.43.010.
10.37.025 - First pleading—Information or indictment.
10.37.026 Prosecutions may be by information. 10.37.025 First pleading Information or indict-
10.37.030 Filing—Informations—Lists of witnesses. meet. The first pleading on the part of the state is the
10.37.033 Disclosure of alibi may be required—Bill of partic-
ulars—witnesses. indictment or information. [1891 c 28 § 19; Code 1881 §
10.37.035 Verification of informations. 1003; 1873 p 224 § 186; 1869 p 240 § 181; RRS § 2054.
10.37.040 . Indictment—Form. Formerly RCW 10.37.010
1637.050 Indictment or information—Sufficiency. , part.)
10.37.052 Indictment or information—Requisites. Rules of court This section superseded by CrR 2.1. See comment
10.37.054 Indictment or information—Certainty. after CrR 2.1.
10.37.056 Indictment or information—Certain defects or im-
perfections deemed immaterial. 10.37.026 Prosecutions may
10.37.060 Indictment or information—separation into Y be by information. All
counts—Consolidation. public offenses may be prosecuted in the superior courts
10.37.070 Animals—Description of. by information. [1909 c 87 § 1; 1891 a 117 § 1; 1890 p
10.37.080 Forgery—Description of instrument. 100 § 1; RRS 2024. Formerly RCW 10.37.010, part.]
10.37.090 Injury to person or intention concerning.
10.37.100 Judgment,how pleaded. Rules of court. This section superseded by CrR 2.1. See comment
10.37.110 Larceny or embezzlement--Specification. after CrR 2.1.
10.37.120 Libel—Innuendos - Publication.
10.37.130 Obscene literature—Description.
10.37.140 Perjury—.—,gubornation of r'u 10.37.030 Filing Informations—Lists of wit-
matter. pe 1 rY—Description of ne3ses. All informations shall be filed in the court having
10.37.150 Presumptions of law need not be stated. jurisdiction of the offense specified therein by the prose-
10.37.160 Statute--Exact words need not be used. cuting attorney of the proper county as informant; he
10.37.170 Statute,private—Description.
shall subscribe his name thereto, and at the time the
]litk 10 RCW(1979 Ei!4--p 22]
Accusations And Their Requisites 10.37.050
case is set for trial the prosecuting attorney shall file 10.37.040 Indictment Form. The indictment may
with the clerk a list of the witnesses which he intends to be substantially in the following form:
use at the trial and serve a copy of the same upon the State of Washington Superior Court of
defendant, and within five days thereafter the defendant the State of
shall file with the clerk and serve upon the prosecuting V. Washington for the
attorney a list of the witnesses which the defendant in- County of
tends to use at the trial. Either party may add such ad- A- ----- B- -___-- _______________
ditional names at any time before trial as the court may
by order permit, and the said court shall possess and A. B. is accused by the grand jury of the
may exercise the same powers and jurisdiction to hear, ---------------, by this indictment, of the crime of
try, and determine all such prosecutions upon informa- [here insert the name of the crime, if it have one, such
tion, to issue writs and process, and do all other acts as treason, murder, arson, manslaughter, or the like; or
therein, as it possesses and may exercise in cases of like if it be a crime having no general name, such as libel,
prosecution upon indictments. [1925 ex.s.-c 150 § 2; assault and battery, and the like, insert a brief descrip-
1890 p 101 § 2; RRS § 2050. Formerly RCW 10.37.030, ' tion of it as given by law], committed as follows:
part and 10.52.010. FORMER PART OF SECTION: The said A. B. on the ----- day of -----------
1891
_ ---,1891 c 28 § 18; RRS § 2051, now codified as RCW 19-_, in the county of ----------- aforesaid, [here set
10.37.035.1 forth the act charged as a crime.]
Rules of court: This section superseded by CrR 4.7. See comment Dated at ----------- inthe county aforesaid, the
after CrR 4.7. ----- day of ----------- A.D. 19__.
(Signed) C. D., Prosecuting Attorney.
10.37.033 Disclosure of alibi may be required— (Indorsed) A true bill.
Bill of particulars—Witnesses. In all cases where an (Signed) E. F., Foreman of the Grand Jury.
information has been filed against a defendant or an in- [1891 c 28 § 21; Code 1881 § 1005; 1873 p 225 § 188;
dictment returned, the prosecuting attorney may, not 1869 p 240 § 183; RRS § 2056.]
less than eight days before the case is set to be tried,
serve upon,such defendant or his counsel and file a de- 10.37.050 Indictment or information—Sufficiency.
mand which shall require that if such defendant intends The indictment or information is sufficient if it can be
to offer, for any purpose whatever, testimony of any understood therefrom
person which may tend to establish the defendants (1) That it is entitled in a court having authority to
presence elsewhere than at the scene of the crime at the
time of its commission, the defendant must within four receive [it;]
days thereafter serve upon such prosecuting attorney and (2) That it was found by a grand jury of the county in
which the court was held;
file a bill of particulars which shall set forth in detail the
place or places where the defendant claims to have been, (3) That the defendant is named, or if his name can-
together with the names, post office addresses, resi- not be discovered, that he is described by a fictitious
dences, and places of employment of the witnesses upon name, with the statement that his real name is to the
whom the defendant intends to rely to establish his jury unknown;
presence elsewhere than at the scene of the crime at the (4) That the crime was committed within the juris-
time of its commission. Unless the defendant shall pur- diction of the court, except where, as provided by law,
suant to such demand, serve and file such bill of partic-
ulars, the court, in the event that such testimony is court is held, is triable therein;
sought to be interposed by the defendant upon the trial (5) That the crime was committed.at some time pre-
for any purpose whatever, or in the event that a witness vious to the finding of the indictment or filing of the in-
not mentioned in such bill of particulars is called by the formation, and within the time limited by law for the
defendant to give such testimony, may exclude such tes- commencement of an action therefor;
timony, or the testimony of such witness. In the event (6) That the act or omission charged as the crime is
that the court shall allow such testimony, or the testi- clearly and distinctly set forth in. ordinary and concise
mony of such witness, it must, upon motion of the pros- language, without repetition, and in such a manner as to
ecuting attorney, grant an adjournment not to exceed enable a person of common understanding to know what
one week. [1970 ex.s. c 49 § 7.1 is intended;
(7) The act or omission charged as the crime is stated
Rules of court This section superseded by CrR 4.7. See comment with such a degree of certainty as to enable the court to
after CrR 4.7. pronounce judgment upon a conviction according to the
Severability-1970 ex.s.c 49:See note following RCW 9.69.100. right of the case. [1891 c 28 § 29; Code 1881 § 1014;
1873 p 226 § 197; 1869 p 242 § 192; RRS § 2065.
10.37.035 Verification of informations. All informa- FORMER PARTS OF SECTION: (i) 1891 c 28 § 20;
tions shall be verified by the oath of the prosecuting at- Code 1881 § 1004; 1873 p 224 § 187; 1869 p 240 § 182;
torney, complainant or some other person. [1891 c 28 § RRS § 2055, now codified as RCW 10.37.052. (ii) 1891
18; RRS § 2051. Formerly RCW 10.37.030, part.] c 28 § 22; Code 1881 § 1006; 1873 p 225 § 189; 1854 p
Ruks of court: This section superseded by CrR 2.1. See comment 112 § 61; 1869 p 241 § 184; RRS § 2057, now codified
after CrR 2.1. as RCW 10.37.054. (iii) 1891 c 28 § 30; Code 1881 §
[Title 10 RCW(1979 Ed.)-j 231
10.37.050 �
Title 10 RCW: Criminal Procedure
1015; 1873 p 227 § 198; 1869 p 242 § 193; RRS § 2066, more indictments are found, or two or more informs.
now codified as RCW 10.37.056.] tions filed, in such cases, the court may order such in.
dictments or informations to be consolidated. [1925 ex.s.
10.37.052 Indictment or information—Requisites. c 109 § 1; 1891 c 28 § 24; Code 1881 § 1008; 1873 p
The indictment or information must contain 225 § 191; 1869 p 241 § 186; RRS § 2059.)
(1) The title of the action, specifying the name of the
court to which the indictment or information is pre- 10.37.070 Animals Description of. When the
sented and the names of the parties; _ crime involves the taking of or injury to an animal the
(2) A statement of the acts constituting the offense, in indictment or information is sufficiently certain in that
ordinary and concise language, without repetition,and in respect if it describes the animal by the common name
such manner as to enable a person of common under- of its class. [1891 c 28 § 26; Code 1881 § 1011; 1873 p
standing to know what is intended. [1891 c 28 § 20; 226 § 194; 1869 p 241 § 189; RRS § 2062.]
Code 1881 § 1004; 1873 p 224 § 187; 1869 p 240 § 182; Crimes relating to animals.Chapter 9.08 RCW.
RRS § 2055. Formerly RCW 10.37.050, part.] Larceny.Chapter 9A.56 RCW.
10.37.054 Indictment or information--Certainty. 10.37.080 Forgery Description of instrument.
The indictment or information must be direct and cer- When an instrument which is the subject of an indict=
tain as it regards: ment or information for forgery has been destroyed or
(1) The party charged; withheld by the act or procurement of the defendant,
(2) The crime charged; and and the fact of the destruction or withholding is alleged
(3) The particular circumstances of the crime in the indictment or information, and established on the
charged, when they are necessary to constitute a com- trial, the misdescription of the instrument is immaterial.
plete crime. [1891 c 28 § 22; Code 1881 § 1006; 1873 p [1891 c 28 § 35; Code 1881 § 1020; 1873 p 227 § 203;
225 § 189; 1869 p 241 § 184; 1854 p 112 § 61; RRS § 1854 p 113 § 68; RRS § 2071.]
2057. Formerly RCW 10.37.050, part.] Forgery.- p W.Chapter 9A.60 RC
10.37.056 Indictment or information--Certain de- 10.37.090 Injury to person or intention concerning.
fects or imperfections deemed immaterial. No indictment When the crime involves the commission of, or an at-
or information is insufficient, nor can the trial,judgment tempt to commit a private injury, and is described with
or other proceedings thereon be affected, by reason of sufficient certainty in other respects to identify the act,
any of the following matters, which were formerly an erroneous allegation as to the person injured or in-
deemed defects or imperfections: tended to be injured is not material. [Code 1881 § 1010;
(1) For want of an allegation of the time or place of 1873 p 226 § 193; 1869 p 241 § 188; RRS § 2061.1
any material fact, when the time and place have been
once stated; 10.37.100 Judgment, how pleaded. In pleading a
(2) For the omission of any of the following allega- judgment or other determination of or proceeding before
tions, namely: "With force and arms," "contrary to the a court or officer of special jurisdiction, it is not neces-
form of the statute or the statutes," or "against the sary to state in the indictment or information the facts
peace and dignity of the state;" conferring jurisdiction; but the judgment, determination
(3) For the omission to allege that the grand jury was or proceeding may be stated to have been duly given or
impaneled, sworn, or charged; made. The facts conferring jurisdiction, however, must
(4) For any surplusage or repugnant allegation or for be established on the trial. [1891 c 28 § 32; Code 1881 §
any repetition, when there is sufficient matter alleged to 1017; 1873 p 227 § 200; 1869 p 242 § 195; 1854 p 112 §
indicate clearly the offense and the person charged; nor 65; RRS § 2068.]
(5) For any other matter which was formerly deemed
a defect or imperfection, but which does not tend to the 10.37.110 Larceny or embezzlement—Specifica-
prejudice of the substantial rights of the defendantupon tion. In an indictment or information for larceny or em-
the merits. [1891 c 28 § 30; Code 1881 § 1015; 1873 p bezzlement of money, bank notes, certificates of stock,
227 § 198; 1869 242 193• RRS § 2066. Formerl or valuable securities, or for a conspiracy to cheat or de-
RCW 10.37.050 p, part.] § y fraud a person of any such property, it is sufficient to
Ownership Property,ofproof RCW 10.58.060 allege the larceny or embezzlement, or the conspiracy to
cheat and defraud, to be of money, bank notes, certifi-
cates of stock, or valuable securities, without specifying
10.37.060 Indictment or information--separation the coin, number, denomination or kind thereof. [1891 c
into counts Consolidation. When there are several 28 § 38; Code 1881 § 1023; RRS § 2074.1
charges against any person, or persons, for the same act Larceny.Chapter 9A.56 RCW.
or transaction, or for two or more acts or transactions Ownership of property,proof of RCW 10.58.060.
connected together, or for two or more acts or transac-
tions of the same class of crimes or offenses, which may 10.37.120 Libel—Innuendos Publication. An
be properly joined, instead of having several indictments indictment or information for libel need not set forth any
or informations the whole may be joined in one indict- extrinsic facts, for the purpose of showing the applica-
ment, or information, in separate counts; and, if two or tion to the party libeled of the defamatory matter on
frMe 10 RCW(1979 Ed.)—p 241
Arraignment 10.40.020
wbicb the indictment or information is founded; but it is 10.37.180 Time of offense—Description. The pre-
sufficient to state generally that the same was published cise time at which the crime was committed need not be
concerning him; and the fact that it was so published stated in the indictment or information, but it may be
must be established on the trial. [1891 c 28 § 34; Code alleged to have been committed at any time before the
1881 § 1019; 1873 p 227 § 202; 1869 p 243 § 197; RRS finding of the indictment or the filing of the information,
2070.1 and within the time in which an action may be com-
menced therefor, except where the time is a material in-
gredient in the crime. [1891 c 28 § 25; Code 1881 §
1009; 1873 p 225 § 192; 1869 p 241 § 187; RRS §
10.37.130 Obscene literature—Description. An in- 2060.1
dictment or information for exhibiting, publishing, pass- Rules of court: This section superseded by CrR 2.1. See comment
ing, selling, or offering to sell, or having in possession after CrR 2.1.
with such intent, any lewd or obscene book, pamphlet,
picture, print, card, paper, or writing, need not set forth 10.37.190 Words and phrases How used. The
any portion of the language used or figures shown upon words used in an indictment or information must be
such book, pamphlet, picture, print, card, paper,or writ- construed in their usual acceptation, in common lan-
ing, but it is sufficient to state generally the fact of the guage, except words and phrases defined by law, which
lewdness or obscenity thereof. [1891 c 28 § 39; Code are to be construed according to their legal meaning.
1881 § 1024; RRS § 2075.1 [1891 c 28 § 27; Code 1881 § 1012; 1873 p 227 § 195;
Comic books:Chapter 19.18 RCW. 1869 p 241 § 190; RRS § 2063.]
Obscenity:Chapter 9.68 RCW.
10.37.140 Perjury—subornation of perjuryChapter 10.40
Description of matter. In an indictment or information ARRAIGNMENT
for perjury, or subornation of perjury, it is sufficient to
set forth the substance of the controversy or matter in Sections
ct to which the crime was committed, and in what 10.40.020 Time of.
respect 10.40.020 Appearance by counsel only.
court or before whom the oath alleged to be false was 10.40.030 Counsel assigned to indigents.
taken, and that the court or person before whom it was 10.40.040 Accused to declare his true name.
taken had authority to administer it, with proper allega- 10.40.050 Entry and use of true name.
tions of the falsityof the matter on which the perjury is 10.40.060 Pleading to arraignment.
P J Y 10.40.070 Motion to set aside indictment.
assigned; but the indictment or information need not set 10.40.075 Motion to set aside indictment—Grounds not al-
forth the pleadings, record or proceedings with which lowed,when.
the oath is connected, nor the commission or authority 10.40.080 Motion to set aside information.
f.
of the court or person before whom the perjury was 10.40.090 Sustaining motion—Effect g
P P J Y 10.40.100 Overruling motion—Pleading over.
committed. [1891 c 28 § 36; Code 1881 § 1021; 1873 p 10.40.110 Demurrer to indictment or information.
228 § 204; 1869 p 243 § 199; 1854 p 112 § 67; RRS § 10.40.120 Sustaining demurrer—When final.
2072.1 10.40.125 Sustaining demurrer,etc.—When not final.
10.40.130 Resubmission.
Perjury:Chapter 9A.72 RCW. 10.40.140 Overruling demurrer—Pleading over.
10.40.150 Pleas permitted.
10.40.160 Pleas—Form of entry.
10.37.150 Presumptions of law need not be stated. 10.40.170 Plea of guilty.
Neither presumptions of law nor matters of which judi- 10.40.175 Substitution for plea of guilty.
10.40.180 Plea of not guilty.
cial notice is taken need be stated in an indictment or 10.40.190 Refusal to answer.
information. [1891 c 28 § 31; Code 1881 § 1016; 1873 p Ruks of court.Arraignment—CrR 4.1.
227 § 199; 1869 p 242 § 194; RRS § 2067.]
10.40.010 Time of. When the indictment or infor-
10.37.160 Statute Exact words need not be used. mation has been filed the defendant, if he has been ar-
Words used in a statute to define a crime need not be rested, or as soon thereafter as he may be, shall be
strictly pursued in the indictment or information, but arraigned thereon before the court. [1891 c 28 § 46;
other words conveying the same meaning may be used. RRS § 2093.]
[1891 c 28 § 28; Code 1881 § 1013; 1873 p 2261196; Ruks of court: This section superseded by CrR 4.1. See comment
1869 p 241 § 191; RRS § 2064.1 after CrR 4.1.
10.37.170 Statute, private—Description. In plead- 10.40.020 Appearance by counsel only. If the indict-
ing a private statute, or right derived therefrom, it is ment or information be for a misdemeanor punishable
sufficient to refer, in the indictment or information, to by fine only, the defendant may appear upon arraign-
the statute by its title and the day of its passage, and the ment by counsel. [1891 c 28 § 47; Code 1881 § 1066;
court must thereupon take judicial notice thereof. [1891 1873 p 232 § 228; 1854 p 116 § 92; RRS § 2094.1
c 28 § 33; Code 1881 § 1018; 1873 p 227 § 201; 1869 p Ruks of court: This section superseded by CrR 3.3. See comment
243 § 196; 1854 p 112 § 66; RRS § 2069.] after CrR 3.3.
[Title 10 RCW(1979 Ed.}- 251
10.40.020 Title 10 RCW: Criminal Procedure y
Personal presence of defendant at trial.RCW 10.46.120, 10.46.130. the grand jury during the investigation of the cha
Rendition of judgment,presence of defendant:RCW 10.64.020.
except as required or permitted by law,
10.40.030 Counsel assigned to indigents. If the de- (4) That the grand jury were not selected, drawn.
aw
fendant appear without counsel, he shall be informed b summoned, impaneled, or sworn as prescribed by I '
the court that it is his right to have counsel before being [1957 c 10 § 1; Code 1881 § 1046; RRS § 2049
arraigned, and h g FORMER PART OF SECTION:
g e shall be asked ' Code 1
if h 88
e desire the aid of RRS § 2100, now codified as RCW 10.40.075.1 § 1047,
counsel, and if it appear that he is unable to employ
counsel by reason of poverty,counsel shall be assigned to 'Reviser's note: *RCW 10.28.150" and *RCW 10.28.200" were re
him by the court. [Code 1881 § 1063; 1873 p 232 § 225; pealed by 1971 ex.s.c 67§20.
1860 p 149 § 232; 1855 p 116 § 89; 1854 p 116 § 89;
RRS § 2095.] _ 10.40.075 Motion to set aside indictment—
Grounds notRuks.of court: This section superseded by CrR 3.1 and 4.1. See et aside heaind ctmenttowed, ementio edtindthe fourth subdof the moon i
comment after CrR 3.1 and 4.1. v
CrR 3.1. ision of RCW 10.40.070 is not allowed to a defendant
Counsel—Right to—Fees: RCW 10.01.110, Ruks of court- who has been held to answer before indictment. [Code
Defendants right to counsel; compulsory process for witnesses: 1881 § 1047; RRS § 2100. Formerly RCW 10.40.070,
RCW 10.46.050 Rules of court:CrR 3.1. part.]
Rights of the accused.State Constitution Art. 1122(Amendment
10},Rules of court CrR 3.1-3.5. 10.40.080 Motion to set aside information. A motion
to set aside an information can be made by the defend.
10.40.040 Accused to declare his true name. When ant on one or more of the following grounds, and must
the defendant is arraigned he shall be interrogated; if be sustained:
the name by which he is indicted [or informed against] (1) When it is not signed by the prosecuting attorney,
be not his true name, he shall then declare his true name (2) When it is not verified.
or be proceeded against by the name in the indictment (3) When it has not been marked "filed" by the clerk.
or information. [1891 c 28 § 48; Code 1881 § 1064; [1957 c 10 § 2; 1891 c 28 § 51; RRS § 2101.1
1873 p 232 § 226; 1869 p 248 § 21; 1854 p 116 § 90; Rules of court This section superseded by CrR 2.1. See comment
RRS § 2,096.1 after CrR 21.
Ruks of court This section superseded by CrR 4.1. See comment
after CrR 4.1. 10.40.090 Sustaining motion Effect of An order
to set aside the indictment or information as provided in
10.40.050 Entry and use of true name. If he alleges this chapter shall be no bar to a future prosecution for
that another name is his true name it must be entered in the same offense. [1891 c 28 § 54; Code 1881 § 1050;
the minutes of the court, and the subsequent proceedings RRS § 2104.1
on the indictment or information may be had against
him by that name, referring also to the name by which 10.40.100 Overruling motion Pleading over. If
he is indicted or informed against. [1891 c 28 § 49; the motion to set aside the indictment for information]
Code 1881 § 1065; 1873 p 232 § 227; 1854 p 116 § 91; be denied, the defendant must immediately answer the
RRS § 2097.1 indictment or information, either by demurring or
Action on discovery of true name.RCW 10.46.060. pleading thereto. [1891 c 28 § 52; Code 1881 § 1048;
RRS § 2102.]
10.40.060 Pleading to arraignment. In answer to the
arraignment, the defendant may move to set aside the 10.40.110 Demurrer to indictment or information.
indictment or information, or he may demur or lead to The defendant may demur to the indictment or infor-
it, and is entitled to one day after arraignment in which mation when it appears upon its face either
to answer thereto if he demand it. [1891 c 28 § 50; Code re That it does not substantially conform to the re-
1881 § 1045; RRS § 2098.) re-
quirements of this code;
(2) [That] more than one crime is charged;
10.40.070 Motion to set aside indictment. The mo- (3) That the facts charged do not constitute a crime;
tion to set aside the indictment can be made b the de- (4) That the indictment or information contains any
rounds, and matter which, if true, would constitute a defense or other
fendant on one or more of the following g legal bar to the action. [1891 c 2$ § 55; Code 1881 §
. (1) When it is not indorsed "a true bill," and the in- 1051; RRS § 2105.1
dorsement signed by the foreman of the grand jury as 10.40.120 Sustaining demurrer When final. If
prescribed by *RCW 10.28.150; the demurrer is sustained because the indictment or in-
(2) When it has not been presented and marked formation contains matter which is a legal defense or
"filed" as prescribed by *RCW 10.28.200;
bar to the action, the judgment shall be final, and the
(3) When any person, other than the grand jurors, defendant must be discharged. [1891 c 28 § 56; Code
was present before the grand jury when the question was 1881 § 1052; RRS § 2106. FORMER PART OF SEC-
taken upon the finding of the indictment, or when any TION: 1891 c 28 § 61; Code 1881 § 1060; RRS § 2114,
person, other than the grand jurors, was present before now codified as RCW 10.40.125.1
Mile 10 RCW(1979 Ed.}--p 261
Former Acquittal or Conviction 10.43.020
10,40.125 Sustaining demurrer, etc. When not 1881 § 1056; RRS § 2110. FORMER PART OF SEC-
fiaal.The judgment for the defendant on a demurrer to TION: Code 1881 § 1057; RRS § 2111, now codified as
the indictment or information, except where it is other- RCW 10.40.175.1
wise provided,or for an objection taken at the trial to its Appearance by counsel in misdemeanors:RCW 10.40.020.
form or substance, or for variance between the indict-
ment or information and the proof, shall not bar another 10.40.175 Substitution for plea of guilty. At any time
prosecution for the same offense. [1891 c 28 § 61; Code before judgment, the court may permit the plea of guilty
1881 § 1060; RRS § 2114. Formerly RCW 10.40.120, to be withdrawn, and other plea or pleas substituted.
part-] - [Code 1881 § 1057; RRS § 2111. Formerly RCW 10-
.40.170, part.]
10.40.130 Resubmission. If the court direct that the
case be resubmitted, the defendant, if already in cus- Rules of court: This section superseded by CrR 4.2 See comment
after CrR 4.2.
tody, must so remain, unless he be admitted to bail;or if
already admitted to bail, or money has been deposited 10.40.180 Plea of not guilty.The plea of not guilty is
instead thereof, the bail or money is answerable for the a denial of every material allegation in the indictment or
appearance of the defendant to answer a new indictment information; and all matters of fact may be given in evi-
or information. [1891 c 28 § 53; Code 1881 § 1049; dence under it, except a former conviction or acquittal.
RRS § 2103.1 [1891 c 28 § 59; Code 1881•§ 1058; RRS § 2112.]
Rules of court: This section superseded by CrR 3.2. See comment
after CrR 3.2 10.40.190 Refusal to answer. If the defendant fail or
refuse to answer the indictment or information by de-
10.40.140 Overruling demurrer Pleading over. If murrer or plea, a plea of not guilty must be entered by
the demurrer is overruled the defendant has a right to the court. [1891 c 28 § 62; Code 1881 § 1061; 1873 p
put in a plea. If he fails to do so, judgment may be 232 § 224; 1854 p 116 § 88; RRS § 2115.1
rendered against him on the demurrer, and, if necessary,
a jury may be impaneled to inquire and ascertain the
degree of the offense. [Code 1881 § 1053; RRS § 2107.] Chapter 10.43
10.40.150 Pleas permitted. There are but three pleas FORMER ACQUITTAL OR CONVICTION
to the indictment or information. A plea of Sections
(1) Guilty; 10.43.010 Dismissal,when a bar.
(2) Not guilty; 10.43.020 Offense embraces lower degree and included offenses.
(3) A former judgment of conviction or acquittal of 10.43.030 Conviction or acquittal in other county.
the offense charged, which may be pleaded with or 10.43.040 Foreign conviction or acquittal.
without the plea of not guilty. [1891 c 28 § 57; Code 10.43.050 Acquittal,when a bar.
1881 § 1054; RRS § 2108.1 Discharge of codefendant as bar to further prosecution: RCW
10.46.110.
Rules of court This section superseded by CrR 4.2 See comment Double jeopardy:State Constitution Art. l f 9.
after CrR 4.2
10.43.010 Dismissal, when a bar. An order dismiss-
10.40.1$0 Pleas—Form of entry. The plea may be ing a prosecution under the provisions of RCW 10.37-
entered on the record substantially in the following form: .020, 10.46.010, and 10.46.090 shall bar another
(1) A plea of guilty: The defendant pleads that he is prosecution for a misdemeanor or gross misdemeanor
guilty of the offense charged in the indictment (or infor- where the prosecution dismissed charged the same mis-
mation as the case may be); demeanor or gross misdemeanor; but in no other case
(2) A plea of not guilty: The defendant pleads that he shall such order of dismissal bar another prosecution.
is not guilty of the offense charged in the indictment (or [1909 c 249 § 63; Code 1881 § 777; RRS § 2315.1
information as the case may be); Rules of court. This section superseded by CrR 3.3. See comment
(3) A plea of former conviction or acquittal: The de- after CrR 3.3.
fendant pleads that he has formerly been convicted (or
acquitted as the case may be) of the offense charged in 10.43.020 Offense embraces lower degree and in-
the indictment (or information as the case may be), by eluded offenses. When the defendant has been convicted
the judgment of the court of (naming it), rendered on or acquitted upon an indictment or information of an
the ----- day of --------_- A.D. 19-- (naming the offense consisting of different degrees, the conviction or
time). [1891 c 28 § 58; Code 1881 § 1055; RRS § acquittal shall be a bar to another indictment or infor-
2109.] mation for the offense charged in the former, or for any
Rules of court. This section superseded by CrR 4.2 See comment lower degree of that offense, or for an offense necessar-
after CrR 4.2. ily included therein. [1891 c 28 § 74; Code 1881 § 1096;
1873 p 238 § 257; 1854 p 120 § 121; RRS § 2166.1
10.40.170 Plea of guilty. The plea of guilty can only gar as to prosecution for same crime in another degree, or attempt.
be put in by the defendant himself in open court. [Code RCW 10.43.050.
(Title 10 RCW(1979 U)—j 271
10.43.030 Title 10 RCW: Criminal Procedure
10.43.030 Conviction or acquittal in other county. Criminal rules for superior court:Rules of court-Criminal Rules for
Whenever, upon the trial of any person for a crime, it Superior Court(CrR).
shall appear that the defendant has already been acquit- Superior court rules:State Constitution Art.4§24.
ted or convicted upon the merits, of the same crime, in a
court having jurisdiction of such offense in another 10.46.010 Trial within sixty days. If a defendant in.
county of this state, such former acquittal or conviction dieted or informed against for an offense, whose trial has
is a sufficient defense. [1909 c 249 § 20; RRS § 2272.] not been postponed upon his own application, be not
brought to trial within sixty days after the indictment is
10.43.040 Foreign conviction or acquittal. Whenever, found or the information filed, the court shall order it to
upon the trial of any person for a crime, it appears that be dismissed, unless good cause to the contrary is shown.
the offense was committed in another state or country, [1909 c 249 § 60; Code 1881 § 772; RRS § 2312.1
under such circumstances that the courts of this state Rules of court- This section superseded by CrR 3.3. See comment
had jurisdiction thereof, and that the defendant has al- after CrR 3.3.
ready been acquitted or convicted upon themerits, upon Dismissal as bar to other prosecution:RCW 10.43.010.
_
a criminal prosecution under the laws of such state or - Time limit for decision:State Constitution Art.4§20.
country, founded upon the act or omission with respect p t
to which he is upon trial, such former acquittal or con-
viction is a sufficient defense. [1909 c 249 § 19; RRS § the docket of criminal cases, enumerate the indictments
2271,1 and informations pending according to the date of their
filing, specifying opposite to the title of each action
10.43.050 Acquittal, when a bar. No order of dis- whether it be for a felony or misdemeanor, and whether
missal or directed verdict of not guilty on the ground of the defendant be in custody or on bail; and shall, in like
a variance between the indictment or information and manner, enter therein all indictments and informations
the proof, or on the ground of any defect in such indict- °n which issues of fact are joined, all cases brought to
ment or information, shall bar another prosecution for the court on change of venue from other counties, and
acquit- all cases pending upon appeal from inferior courts.
the same offense. Whenever a defendant shall be
[1891 c 28 § 65; Code 1881 § 1044; 1873 p 231 § 222;
ted or convicted upon an indictment or information 1854 p 115 § 86; RRS § 2134.1
charging a crime consisting of different degrees, he can-
not be proceeded against or tried for the same crime in 10.46.030 Defendants in capital cases----Copy of
another degree, nor for an attempt to commit such indictment List of jurors----Subpoenas.
crime, or any degree thereof. [1909 c 249 § 64; Code may be after the finding of an indictmnt or the filing of
1881 § 769; RRS § 2316.] an information for a capital crime, the party charged
Mistake in chargcl hording defendant:RCW 10.46.170. shall be served with a copy thereof by the sheriff or his
Offense embraces lower degree and included offenses: RCW deputy, at least twenty–four hours before trial, and shall,
10.43.020. on demand upon the clerk by himself or counsel, have a
Ownership of property—Proof of RCW 10.58.060. list of the petit jurors returned delivered to him at least
twenty–four hours before trial, and shall also have pro-
cess to summon such witnesses as are necessary to his
Chapter 10.46 defense, at the expense of the county. [1891 c 28 § 44;
SUPERIOR COURT TRIAL Code 1881 § 1038; 1873 p 230 § 218; 1854 p 114 § 82;
RRS § 2091.]
Sections Rules of court. This section superseded, in part, by CrR 4.1; super-
10.46.010 Trial within sixty days. seded, in part, by CrR 4.5; superseded in part, by CrR 4.7; super-
10.46.020 Trial docket. seded in part, by CrR 4.8.See comment after CrR 4.1,4.5, 4.7,4.8.
10.46.030 Defendants in capital cases—Copy of indict-
ment—List of jurors—subpoenas. 10.46.040 Defendants charged with felony--Copy
10.46.040 Defendants charged with felony—Copy of
indictment. of indictment. Every person indicted or informed against
10.46.050 Defendant's right to counsel,compulsory process for for an offense for which he may be imprisoned in the
witnesses, penitentiary, if he be under recognizance or in custody
10.46.060 True name inserted in proceedings. to answer for such offense, he or his attorney shall be
10.46.070 Conduct of trial—Generally.
10.46.080 Continuances. furnished with a copy of the indictment or information
10.46.090 Nolle prosequi. and of all indorsements thereof without paying any fees
10.46.100 Separate trials. therefor. [1891 c 28 § 45; Code 1881 § 1039; 1873 p
10.46.110 Discharging defendant to give evidence.
10.46.120 Personal presence of defendant. 230 § 219; 1854 p 115 § 83; RRS § 2092.1
10.46.130 Trials permissible in defendant's absence. Rules of court: This section superseded by CrR 4.1. See comment
10.46.170 Mistake in charge—Holding defendant. after CrR 4.1.
10.46.180 Mistake in charge or venue—Discharge of jury.
10.46.190 Liability of convicted person for costs—Jury fee. 10.46.050 Defendant's right to counsel, compulsory
10.46.200 Costs allowed to acquitted or discharged defendant.
10.46.210 Taxation of costs on acquittal or discharge—Gen- process for witnesses. Every person charged with the
orally—Frivolous complaints. commission of a crime shall have the right upon the trial
10.46.220 Cost bills in felony cases—Certitcation. of such charge to be heard in.person or by counsel, and
10.46.230 Cost bills in felony cases Payment. to produce witnesses and proofs in his favor and to have
(Title 10 RCW(1979 Ed.)-,281
Superior Court Trial 10.46.170
compulsory process to compel the attendance of all wit- Dismissal as bar to other prosecution:RCW 10.43.010.
nesses who may be necessary for his proper defense.
[1909 c 249 § 55; RRS § 2307. Prior: 1891 c 28 § 90; 10.46.100 Separate trials. When two or more de-
code 1881 § 766; 1877 p 205 § 2.1 fendants are indicted or informed against jointly, any
defendant requesting it may, in the discretion of the trial
Rtdw,s note.Caption for 1909 c 249 § 55 reads as follows: "Sea judge be tried separately. [1919 c 16 § 1; 1891 c 28 §
55 Right to Subpoena." 71; Code 1881 § 1091; 1873 p 237 § 252; 1854 p 120 §
Ades of court: This section superseded by CrR 3.1 and 4.8. See 16
comment after CrR 3.1 and 4.8. 1RRS § 2161.1
Counsel assigned to indigents:RCW 10.40.030. Rules of court: This section superseded by CrR 4.4. See comment
Co--nse—Right to—Fees: RCW 10.01.11 t), Rates of court: after CrR 4.4.
CrR 3.1.
Right to subpoena:State Constitution Art. I §22(Amendment 10). 10.46.110 Discharging defendant to give evidence.
When two or more persons are included in one prosecu-
10.46.060 True name inserted in proceedings. When tion, the court may, at any time before the defendant
a defendant is designated in the indictment or informa- has gone into his defense, direct any defendant to be
tion by a fictitious or erroneous name, and in any stage discharged, that he may be a witness for the state. A
of the proceedings his true name is discovered, it may be defendant may also, when there is not sufficient evidence
inserted in the subsequent proceedings, referring to the to put him on his defense, at any time before the evi-
fact of his being indicted or informed against by the dence is closed, be discharged by the court, for the pur-
name mentioned in the indictment or information. [1891 pose of giving evidence for a codefendant. The order of
c 28 § 23; Code 1881 § 1007; 1873 p 225 § 190; 1869 p discharge is a bar to another prosecution for the same
241 § 185; RRS § 2058.] offense. [Code 1881 § 1092; 1873 p 237 § 253; 1854 p
True name:RCW 10.40.040, 10.40.050. 120 § 117; RRS § 2162.1
Conviction or acquittal-several defendants:RCW 10.61.035.
10.46.070 Conduct of trial—Generally. The court
shall decide all questions of law which shall arise in the 10.46.120 Personal presence of defendant. No person
course of the trial,and the trial shall be conducted in the prosecuted for an offense punishable by death, or by
same manner as in civil actions. [1891 c 28 § 70; Code confinement in the penitentiary or in the county jail,
1881 § 1088; 1873 p 237 § 249; 1854 p 119 § 111; RRS shall be tried unless personally present during the trial.
§ 2158. FORMER PART OF SECTION: 1891 c 28 § [Code 1881 § 1086; 1873 p 237 § 247; 1854 p 119 §
66, part; Code 1881 § 1078; 1873 p 236 § 239; 1854 p 109; RRS § 2145.]
118 § 101; RRS § 2137, part, now codified as RCW
10.49.020.] Rules of court: This section superseded by CrR 3.4. See comment
after CrR 3.4.
Rules of court:This section superseded in part, by CrR 6.See com- Appearance upon arraignment by counsel only:RCW 10.40.020.
ment prior to CrR 6.1. Rendition of judgment,presence of defendant:RCW 10.64.020.
Issues of fact tried by jury:RCW 10.49.020.
10.46.130 Trials permissible in defendant's absence.
10.46.080 Continuances. A continuance may be No person prosecuted for an offense punishable by a fine
granted in any case on the ground of the absence of evi- only, shall be tried without being personally present, un-
dence on the motion of the defendant supported by affi- less some responsible person, approved by the court, un-
davit showing the materiality of the evidence expected to dertakes to be bail for stay of execution and payment of
be obtained, and that due diligence has been used to the fine and costs that may be assessed against the de-
procure it; and also the name and place of residence of fendant. Such undertaking must be in writing, and is as
the witness or witnesses; and the substance of the evi- effective as if entered into after judgment. [Code 1881 §
dence expected to be obtained, and if the prosecuting 1087; 1873 p 237 § 248; .1854 p 119 § 110; RRS §
attorney admit that such evidence would be given, and 2146.1
that it be considered as actually given on the trial or of- Rules of court: This section superseded by CrR 3.4. See comment
fered and overruled as improper the continuance shall after CrR 3.4.
not be granted. [Code 1881 § 1077; 1877 p 206 § 7;
RRS § 2135.1 10.46.170 Mistake in charge Holding defendant.
When it appears, at any time before verdict or judg-
e 10.46.090 Nolle prosequi. The court may, either been made in charging the
P 9 Y ment, that a mistake has ee g g
upon its own motion or upon application of the prose- proper offense, the defendant shall not be discharged if
cuting attorney, and in furtherance of justice, order any there appear to be good cause to detain him in custody;
criminal prosecution to be dismissed; but in such case but the court must recognize him to answer the offense
the reason of the dismissal must be set forth in the or-
shown, and if necessary, recognize the witnesses to ap-
der, which must be entered upon the record. No prose- pear and testify. [Code 1881 § 1093; 1873 p 238 § 254;
cuting attorney shall hereafter discontinue or abandon a 1854 p 120 § 118; RRS § 2163.]
prosecution except as provided in this section. [1909 c
249 § 62; Code 1881 § 775; RRS § 2314.] Rules of court: This section superseded by CrR 2.1, 3.2. See com-
ment after CrR 2.1,3.2.
Rules of court: This section superseded by CrR 8.3. See comment No jeopardy from dismissal for variance or other defects: RCW
after CrR 8.3. 10.43.050.
(Title 10 RCW(1979 Ed."291
10.46.170 Title 10 RCW: Criminal Procedure
Ownership of property—prof of-RCW 10.58.060.
of law. [Code 1881 § 2103; 1869 p 418 § 1; RRS §
10.46.180 Mistake in charge or venue—Discharge 2225.1
of jury. When a jury has been impaneled in either case
10.46.220 Cost bills in felony cases---Certificatiel,
contemplated in RCW 10.25.110 and 10.46.170, such rose- In all convictions for felony, whether capital or punish-
jury may be discharged without prejudice to the
cution. [1891 c 28 § 73; Code 1881 § 1095; 1873 P 238 able by imprisonment in the penitentiary, the clerk of
§ 256;tion 1 18 p 120 § 120; RRS 1 2165.] P the superior court shall forthwith, after sentence, tax the
Rules of court: This section superseded 6y CrR 5.2. See comment costs in the case. The cost bill shall be made out in trip.
atter CrR 5.2 licate, and be examined by the prosecuting attorney of
the county in which the trial was had. After which
judge of the superior the
g perior court shall
10.46.190 Liability of convicted bill 1 allow and approve such
person for costs— 11 or so much thereof,
as is allow
Jury fee. Every able b law. T
ry ery erson convict Y he clerk
P ed of a o
trim f th
_ e or held to a superior court shall thereupon,
bail to keepthe peace shall be liable to all the costs of cert under his hand,
P and under the seal of the court certify said triplicate
the proceedings against him, including, when tried by a cost bills, and shall file one with the papers of cause,and
jury in the superior court, a jury fee as provided for in shall transmit one to the administrator for the courts
civil actions, and when tried by a jury before a commit-
and one to the county auditor of the county in which
ting magistrate, twenty–live dollars for jury fee, for said felony was committed. [1979 c 129 § 1; 1883 p 35 §
which judgment shall be rendered and collection had as 1; Code 1881 § 2106; RRS § 2228.1
in cases of fines. The jury fee, when collected for a case
tried by the superior court, shall be paid to the clerk, to 10.46.230 Cost bills in felony cases -Payment.
be by him applied as the jury fee in civil cases is applied. Upon the receipt of the cost bill, as provided for in the
[1977 ex.s. c 248 § 1; 1977 ex.s. c 53 § 1; 1961 c 304 § preceding section, the county auditor shall draw war-
8; Code 1881 § 2105; 1869 p 418 § 3; RRS § 2227.1 rants for the amounts due each person, as certified in
Disposition of fines and costs:Chapter 10.82 RCW. said cost bill, which warrants shall be paid as other
Jury fees:RCW 4.44.100, 4.44.110,36.18.010. county warrants are paid. On receipt of the certified
Jury in jpstice court.RCW 10.04.050. copy of said cost bill, the administrator for the courts
Trial juries:Chapter 10.49 RCW. shall examine and audit said bill and allow the payment
by the state of statutorily required witness fees in cases
10.46.200 Costs allowed to acquitted or discharged where conviction of a felony is obtained and the defend-
ant is sentenced to pay a fine or is given a prison sen-
defendant. No prisoner or person under recognizance
who shall be acquitted by verdict or discharged because fence even if the sentence is deferred or suspended.
no indictment is found against him, or for want of pros- Payment shall be allowed by the administrator for the
ecution, shall be liable for any costs or fees of any offi_ courts in such cases even when the conviction is subse-
cer or for any charge of subsistence while he was in quently reversed or if a new trial is granted. [1979 c 129
custody, but in every such case the fees of the defend- § 2; 1883 p 35 § 1; Code 1881 § 2107; 1873 p 250 §
ant's witnesses, and of the officers for services rendered 316; RRS § 2229.1
at the request of the defendant; and charges for subsist-
ence of the defendant while in custody shall be taxed
and paid,as other costs and charges in such cases. [Code Chapter 10.49
1881 § 1168; 1877 p 207 § 10; 1854 p 129 § 177; RRS §
2236.] TRIAL JURIES
Sections
10.46.210 Taxation of costs on acquittal or dis- 10.49.010 Waiver of jury on plea of guilty—Exception.
charge-----Generally—Frivolous10.49.03complaints. When 10.49.030 Jury—Number—How select.
an p 0
y person shall be brought before a court,justice of the 10.49.040 Challengestfonccauseel.
peace or other committing magistrate of any county, city 10.49.050 Challenge for cause---Capital case—Conscien-
or town in this state, havingu
jurisdiction of the alleged Hous scruples.
offense, charged with the commission of a crime or mis- 10.49.060 Peremptory challenges.
demeanor, and such complaint10.49.100 Alternate furors.
upon examination 1
a shall 0.49.100 oath to.0
appear ppe to be unfounded jury.
no costs shall b 10.49.110
e payable C
e b Custody of jury.
u .
such acquitted party, but the same shall be chargeable Juries injustice court criminal trials:Rules of court:JCrR 4.07.
to the county, city or town for or in which the said com- Juries in superior court criminal trials:Rules of court:CrR 6.1-6.16
plaint is triable, but if the court, justice of the peace or Jury fee.RCW 10.46.190.
other magistrate trying said charge, shall decide the Jury injustice court:RCW 10.04.050,Rules of court:JCrR 4.07.
complaint was frivolous or malicious, the judgment or Mileage allowances,jurors.RCW 2.36.]S0, 10.01.140.
verdict shall also designate who is the complainant, and Verdicts.Chapter 10.61 RCW.
may adjudge that said complainant pay the costs. In
such cases a judgment shall thereupon be entered for the 10.49.010 Waiver of jury on plea of guilty
costs against said complainant, who shall stand commit- Exception. If, on the arraignment of any person, he shall
ted until such costs be paid or discharged by due process plead guilty, if the offense charged be not murder, the
flilk 10 RCW(1979 Ed.)--p 301
t
Trial Juries 10.49.110
court shall, in their discretion, hear testimony, and de- each defendant shall be entitled to the number of chal-
termine the amount and kind of punishment to be in- lenges provided above. [1969 ex.s. c 41 § 1; 1923 c 25 §
Qicted; but if the defendant plead guilty to a charge of 1; Code 1881 § 1079; 1854 p 118 § 102; RRS § 2138.]
murder,a jury shall be impaneled to hear testimony, and Rules of court: This section superseded by CrR 6.4. See comment
determine the degree of murder and the punishment after CrR 6.4.
therefor. [Code 1881 § 1062; 1873 p 231 § 223; 1854 p
115 § 87; RRS § 2116.1 10.49.070 Alternate jurors. Whenever, in the opinion
RaW of court:Cf: CrR 6.1. of a judge of a superior court about to try a defendant
against whom has been filed any indictment or informa-
10.49.020 Jury—Number—How selected. Ex- tion for a felony, the trial is likely to be a protracted
cept as otherwise specially provided, issues of fact joined one, the court may cause an entry to that effect to be
upon an indictment or information shall be tried by a made in the minutes of the court, and thereupon, imme-
jury of twelve persons, and the law relating to the draw- diately after the jury is impaneled and sworn the court
ing, retaining, and selecting jurors, and trials by jury, in - may direct the calling of one or two additional jurors, in
civil cases shall apply to criminal cases. [1891 c 28 § 66; its discretion, to be known as "alternate jurors." Such
Code 1881 § 1078; 1873 p 236 § 239; 1854 p 118 § 101; jurors must be drawn from the same source, and in the
RRS § 2137. Formerly RCW 10.46.070, part and same manner, and of the same qualifications as the ju-
10.49.020.] rors already sworn, to be subject to the same examina-
Ruks of court. This section superseded by CrR 6.1. See comment tion and challenge: Provided, That the prosecution shall
alter OR 6.1. be entitled to one, and the defendant to two peremptory
Issues of law for court:RCW 10.46.070. challenges to such alternate jurors. Such alternate jurors
Juries:Chapters 2.36,4.44 RCW. shall be seated near, with equal power and facilities for
seeing and hearing the proceedings in the case, and shall
10.49.030 Challenge to the panel. Challenges to the take the same oath as the jurors already selected, and
panel shall only be allowed for a material departure must attend at all times upon the trial of the cause in
from the forms prescribed by law, for the drawing and company with the other jurors; and for a failure so to do
return of the jury, and shall be in writing, sworn to and are liable to be punished for contempt. They shall obey
proved to the satisfaction of the court. [Code 1881 § the orders of and be bound by the admonition of the
1081; 1873 p 236 § 242; 1854 p 118 § 104; RRS § court upon each adjournment of the court; but if the
2140.] regular jurors are ordered to be kept in the custody of
Rules of court: This section superseded by CrR 6.4. See comment the sheriff during the trial of the case, such alternate
after CrR 6.4. jurors shall also be kept in confinement with the other
jurors; and except, as hereinafter provided, shall be dis-
10.49.040 Challenges for cause. Challenges for cause charged upon the final submission of the case to the
shall be allowed.for such cause as the court may, in its jury. If, before the final submission of the case, a juror
discretion, deem sufficient, having reference to the die,or become ill, so as to be unable to perform his duty,
causes of challenge prescribed in civil cases, as far as the court may order him to be discharged and draw the
they may be applicable, and to the substantial rights of name of an alternate, who shall then take his place in
the defendant. [Code 1881 § 1082; 1873 p 236 § 243; the jury box and be subject to the same rules and regu-
1854 p 1.19 § 105; RRS § 2141.] lations as though he had been elected as one of the orig-
inal jurors. [1917 c 37 § 1; RRS § 2137-1. Formerly
Rules of court: This section superseded by CrR 6.4. See comment RCW 10.49.070, 10.49.080 and 10.49.090.]
after CrR 6.4.
Challenges for cause in civil cases:Chapter 4.44 RCW. Rules of court: This section superseded by CrR 6.5. See comment
after CrR 6.5.
10.49.050 Challenge for cause--Capital case—
Conscientious scruples. No person whose opinions are 10.49.100 Oath to jury. The jury shall be sworn or
such as to preclude him from finding any defendant affirmed well and truly to try the issue between the state
guilty of an offense punishable with death shall be com- and the defendant, according to the evidence, and in
pelled or allowed to serve as a juror on the trial of any capital cases to well and truly try, and true deliverance
indictment or information for such an offense. [1891 c make between the state and the prisoner at the bar
28 § 67; Code 1881 § 1083; 1873 p 234 § 244; 1854 p whom they shall have in charge, according to the evi-
119 § 106; RRS § 2142.1 dence. [1891 c 28 § 68; Code 1881 § 1084; 1873 p 236 §
Rules of court This section superseded by CrR 6.4. See comment 245; 1854 p 119 § 107; RRS § 2143.]
after CrR 6.4. Rules of court: This section superseded by CrR 6.6. See comment
after CrR 6.6.
I, 10.49.060 Peremptory challenges. In prosecution for
capital offenses, the defendant and the state may chal- 10.49.110 Custody of jury. Juries in criminal cases
lenge peremptorily twelve jurors each; in prosecution for shall not be allowed to separate, except by consent of the
offenses punishable by imprisonment in the penitentiary, defendant and the prosecuting attorney, but shall be
six jurors each; in all other prosecutions, three jurors kept together, without meat or drink, unless otherwise
each. When several defendants are on trial together, ordered by the court, to be furnished at the expense of
(Title 10 RCW(1979 Ed.)--p 311
—fi
10.49.110 Title 10 RCW: Criminal Procedure
the county. [Code 1881 § 1089; 1873 p 237 § 250; 1854 may, upon the motion of the prosecuting attorney or de-
p 119 § 114; RRS § 2159.] fense counsel, recognize witnesses, with or without sure-
Rules of court. This section superseded by CrR 6.7. See comment ties, to attend and testify at any hearing or trial in any
after CrR 6.7. criminal prosecution in any court of this state, or before
Care ofjury while deliberating:RCW 4.44.300. the grand jury. In default of such recognizance,or in the
Separation of jury:RCW 2.36.140. event that surety is required and has not been obtained,
the court shall require the appearance of the witness be-
fore the court and shall appoint counsel for the witness if
Chapter 10.52 he is indigent and then shall determine that the testi-
WITNESSESGENERALLY mony of the witness would be material to either the
prosecution or the defendant and that the witness would
Sections not attend the trial of the matter unless detained and,
10.52.020 Competency—Generally. therefore, the court may direct that such witness shall be
10.52.030 Convict as witness. detained in the custody of the sheriff until the hearing or
10.52.040 Compelling witness to attend and testify—Accused - trial in which the witness is to testify: Provided, That
as witness—Admonitory instruction. each witness detained for failure to obtain surety shall
10.52.060 Confrontation of witnesses. paid,aid, in addition to witness fees for actual
10.52.090 Incriminating testimony not to be used. appearance
Discharging defendant to give evidence.RCW 10.46.110. in court, for each day of his detention a sum equal to the
Salaried public officers shall not receive additional compensation as daily jury fee paid to a juror serving in a superior court;
witness on behalf of employer, and in certain other cases: RCW and each witness in breach of recognizance and who is
4216.020. detained therefor shall be paid, in addition to witness
Witnesses,general rule of competency.Rules of court.ER 61a fees for actual appearance in court, the sum of one dol-
Witnesses in justice court criminal trials:Rules of court.JCrR 3.10, lar for each day of his detention. Any such witness shall
3.11• be provided food and lodging while so detained. Any
Witnesses in superior court criminal trials:Rules of court.CrR 6.12, person accused of any crime in this state, by indictment,
6.13.
information, or otherwise, may, in the examination or
10.52.020 Competency Generally. Witnesses trial of the cause, offer himself, or herself, as a witness
competent to testify in civil cases shall be competent in in his or her own behalf, and shall be allowed to testify
criminal prosecutions, but regular physicians or sur- as other witnesses in such case, and when accused shall
geons, clergymen or priests, shall be protected from tes- so testify, he or she shall be subject to all the rules of
tifying as to confessions, or information received from law relating to cross-examination of other witnesses:
any defendant, by virtue of their profession and charac- Provided, That nothing in this code shall be construed to
ter. [1977 exs. c 81 § 1; Code 1881 § 1069; 1873 p 233 compel such accused person to offer himself or herself as
.
§ 231; 1854 . 117 § 95; RRS § 2147.] a witness in such case: And provided further, That it
shall be the duty of the court to instruct the jury that no
Witnesses—Competency: Chapter 5.60 RCW; Rules of court. inference of guilt shall arise against the accused if the
CrR 6.12 accused shall fail or refuse to testify as a witness in his
10.52.030 Convict as witness. Every person convicted or her own behalf. [1969 ex.s. c 143 § 1; 1915 c 83 § 1;
of a crime shall be a competent witness in any civil or 1891 c 28 § 69; Code 1881 § 1067; 1873 p 233 § 229;
criminal proceeding, but his conviction may beproved 1871 p 105 § 2; 1854 p 116 § 93; RRS § 2148. Formerly
for the purpose of affecting the weight of his testimony,
RCW 10.52.040, 10.52.050, 10.52.070, 10.52.080.]
either by the record thereof, or a copy of such record Rules of court This section superseded, in part, by CrR 6.13. See
duly authenticated by the legal custodian thereof, or by comment after OR 6.13, Cf. CrR 6.14. Last proviso of section abro-
other competent evidence, or by his cross-examination, gated by CrR 6.15(b).
upon which he shall answer any proper question relevant Rights of accused persons: State Constitution Art. I §§ 99 22
to that inquiry, and the party cross-examining shall not (Amendment 10).
be concluded by his answer thereto.,[1909 c 249 § 38;
RRS § 2290.] 10.52.060 Confrontation of witnesses. Every person
Rules of court.Section superseded by ER 609(a).See comment after accused of crime shalt have the right to meet the wit-
ER 609• nesses produced against him face to face: Provided, That
Conviction of crime—Effect:RCW 5.60.040. whenever any witness whose deposition shall have been
Testimony of prisoner,how obtained:RCW 5.56.0909 5.56.100. taken pursuant to law by a magistrate, in the presence of
the defendant and his counsel, shall be absent, and can-
10.52.040 Compelling witness to attend and tes- not be found when required to testify upon any trial or
tify Accused as witness—Admonitory instruction. hearing, so much of such deposition as the court shall
Witnesses may be compelled to attend and testify before deem admissible and competent shall be admitted and
the grand jury; and witnesses on behalf of the state, or read as evidence in such case. [1909 c 249 § 54; RRS §
of the defendant, in a criminal prosecution, may be 2306. Prior: Code 1881 § 765; 1873 p 180 § 2; 1869 p
compelled to attend and testify in open court, if they 198 § 2; 1859 p 104 § 2.]
have been subpoenaed, without their fees being first paid Reviser's note:Caption for 1909 c 249 § 54 reads as follows: "Sec
or tendered, unless otherwise provided by law; the court 54. Witnesses."
rntie.10 RCW(1979 Ed.)--p 321
Witnesses Outside The State 10.55.060
Rights of accused persons:State Constitution Art. 1 §22(Amend- specified number of days, upon presentation of such cer-
ma(10). tificate to any judge of a court of record in the county in
which such person is, such judge shall fix a time and
10.52.090 Incriminating testimony not to be used. In place for a hearing, and shall make an order directing
every case where it is provided in this act that a witness the witness to appear at a time and place certain for the
shall not be excused from giving testimony tending to hearing.
criminate himself, no person shall be excused from testi- If at a
hearing the judge determines that the witness or Producing any papers or documents on the
is material and necessary, that it will not cause undue
ground that his testimony may tend to criminate or sub- hardship to the witness to be compelled to attend and
ject him to a penalty or forfeiture; but he shall not be testify in the prosecution or a grand jury investigation in
prosecuted or subjected to a penalty or forfeiture for or the other state, and that the laws of the state in which
on account of any action, matter or thing concerning the prosecution is pending, or grand jury investigation
which he shall so testify, except for perjury or offering has commenced or is about to commence, will give to
false evidence committed in such testimony. [1909 c 249 him protection from arrest and the service of civil and
§ 39; RRS § 2291.] criminal process, he shall issue a summons, with a copy
*Reviser's note:"this act",see note following RCW 9.01.120. of the certificate attached, directing the witness to at-
Ron of court. Ordering immunity from prosecution—Incrimi- tend and testify in the court where the prosecution is
nating testimony not to be used—CrR 6.14. pending, or where a grand jury investigation has com-
Bribery or corrupt solicitation:State Constitution Art. 2§30. menced or is about to commence and of any other state
Rights of accused persons: State Constitution Art. t §§ 9, 22 through which the witness may be required to travel by
(Amendment 10). ordinary course of travel, at a time and place specified in
Witness not excused from giving testimony tending to incriminate
himself in crimes concerning the certificate. In any such hearing the certificate shall
abortion:RCW 9.02.040. be prima facie evidence of all the facts stated therein.
anarchy:RCW 9.05.050. If said certificate recommends that the witness be
bribery:RCW 9.18.080. taken into immediate custody and delivered to an officer
gambling.RCW 9.47.130. of the requesting state to assure his attendance in the
requesting state, such judge may, in lieu of notification
of the hearing, direct that such witness be forthwith
Chapter 10.55 brought before him for said hearing; and the judge at
WITNESSES OUTSIDE THE STATE the hearing being satisfied of the desirability of such
(UNIFORM ACT) custody and delivery, for which determination the certif-
icate shall be prima facie proof of such desirability may,
Sections in lieu of issuing subpoena or summons, order that said
10.55.010 Definitions. witness be forthwith taken into custody and delivered to
10.55.020 Summoning witness in this state to testify in another an officer of the requesting state.
10.55.060 Witness from another state summoned to testify in If the witness, who is summoned as above provided,
this state. after being paid or tendered by some properly author-
10.55.100 Exemption of witness from arrest and service of ized person the sum of ten cents a mile for each mile by
process.
10.55.110 Uniformity of interpretation. the ordinary traveled route to and from the court where
10.55.120 Short title. the prosecution is pending and five dollars for each day,
10.55.130 ' Severability-1943 c 218. that he is required to travel and attend as a witness, fails
without good cause to attend and testify as directed in
10.55.010 Definitions. "Witness" as used in this the summons, he shall be punished in the manner pro-
chapter shall include a person whose testimony is desired vided for the punishment of any witness who disobeys a
in any proceeding or investigation by a grand jury or in summons issued from a court of record in this state.
a criminal action, prosecution or proceeding. [1943 c 218 § 2; Rem. Supp. 1943 § 2150-2. Formerly
The word "state" shall include an territory RCW 10.55.020 10.
y y of the 55.030, 10.55.040 and 10.55.050.
United States and the District of Columbia.
The word "summons" shall include a subpoena, order 10.55.060 Witness from another state summoned to
or other notice requiring the appearance of a witness. testifyin this
state. If[
any person in any state, which ch b
y1943 c 218 § 1; Rem. Supp. 1943 § 2150-1.) its laws has made provision
for commanding persons
within its borders to attend and testify in criminal pros-
.10.55.020 Summoning witness in this state to testify ecutions, or grand jury investigations commenced or
in another state. If a judge of a court of record in any about to commence, in this state, is a material witness
state which by its laws has made provision for com- either for the prosecution or for the defense, in a crimi-
manding persons within that state to attend and testify nal action pending in a court of record in this state, or in
in this state certified under the seal of such court that a grand jury investigation which has commenced or is
there is a criminal prosecution pending in such court, or about to commence, a judge of such court may issue a
that a grand jury investigation has commenced or is certificate under the seal of the court stating these facts
about to commence, that a_person being within this state and specifying the number of days the witness will be
is a material witness in such prosecution, or grand jury required. Said certificate may include a recommendation
investigation, and that his presence will be required fora that the witness be taken into immediate custody and
[Title 10 RCW(1979 Ed.}--p 331
10.55.060 Title 10 RCW: Criminal Procedure
delivered to an officer of this state to assure his atten- Chapter 10.58
dance in this state. This certificate shall be presented to EVIDENCE
a judge of a court of record in the county in which the
witness is found. sections
If the witness is summoned to attend and testify in 10.58.010 Rules—Generally.
this state he shall be tendered the sum of ten cents a 10.58.020 Presumption of innocence—Conviction of lowest
mile for each mile b the ordinar traveled route to and degree,when.
y y 10.58.030 Confession as evidence.
from the court where the prosecution is pending and five 10.58.040 Intent to defraud.
dollars for each day that he is required to travel and at- 10.58.060 Ownership—Proof of.
tend as a witness. A witness who has appeared in ac- 10.58.080 View of place of crime permissible.
cordance with the provisions of the summons shall not be Evidence,generally.Title 5 RCW.
required to remain within this state a longer period of Evidence material to homicide,search and seizure:RCW 10.79.015.
time than the period mentioned in the certificate, unless Seized property,safekeeping for use as evidence.RCW 10.79.030.
otherwise ordered by the court. If such witness, after 10.58.010 Rules--Generally. The rules of evidence
coming into this state, fails without good cause to attend in civil actions, so far as practicable, shall be applied to
and testify as directed in the summons, he shall be pun-
ished in the manner provided for the punishment of any 233; nal p 117 § 9s. RRS § 281 §
witness who disobeys a summons issued from a court of
record in this state. [1943 c 218 § 3; Rem. Supp. 1943 § 10.58.020 Presumption of innocence—Conviction
2150-3. Formerly RCW 10.55.060, 10.55.070, 10.55- of lowest degree, when. Every person charged with the
.080 and 10.55.090.] commission of a crime shall be presumed innocent until
the contrary is proved by competent evidence beyond a
10.55.100 Exemption of witness from arrest and reasonable doubt; and when an offense has been proved
service of process. If a person comes into this state in against him, and there exists a reasonable doubt as to
obedience to a summons directing him to attend and which of two or more degrees he is guilty, he shall be
testify in this state he shall not while in this state pursu- convicted only of the lowest. [1909 c 249 § 56; 1891 c 28
ant to such summons be subject to arrest or the service § 91; Code 1881 § 767; 1854 p 76 § 3; RRS § 2308. {
of process, civil or criminal, in connection with matters Formerly RCW 10.58.020 and 10.61.020.]
which arose before his entrance into this state under the Conviction of attempts or lesser or included crimes: RCW 10.61-
summons. .003, 10.61.006, 10.61.010.
If a person passes through this state while going to
another state in obedience to a summons to attend and 10.58.030 Confession as evidence. The confession of
testify in that state or while returning therefrom, he a defendant made under inducement, with all the cir-
shall not while so-passing through this state be subject to cumstances, may be given as evidence against him, ex-
arrest or the service of process, civil or criminal, in con- cept when made under the influence of fear produced by
nection with matters which arose before his entrance threats; but a confession made under inducement is not
into this state under the summons. [1943 c 218 § 4; sufficient to warrant a conviction without corroborating
Rem. Supp. 1943 § 2150-4.1 testimony. [Code 1881 § 1070; 1873 p 234 § 232; 1854 p
117 § 96; RRS § 2151.]
10.55.110 Uniformity of interpretation. This chapter 10.58.040 Intent to defraud. Whenever an intent to
shall be so interpreted and construed as to effectuate its defraud shall be made an element of an offense, it shall
general purpose to make uniform the law of the states be sufficient if an intent appears to defraud any person, s
which enact it. [1943 c 218 § 5; Rem. Supp. 1943 § association or body politic or corporate whatsoever.
2150-5.1 [1909 c 249 § 40; RRS § 2292.]
10.55.120 Short title. This chapter may be cited as 10.58.660 Ownership—proof of. In the prosecu-
"Uniform Act to Secure the Attendance of Witnesses tion of any offense committed upon, or in relation to, or
from Without a State in Criminal Proceedings." [1943 c in any way affecting any real estate, or any offense
218 § 6; Rem. Supp. 1943 § 2.150-6.] committed in stealing, embezzling, destroying, injuring,
or fraudulently receiving or concealing any money,
goods, or other personal estate, it shall be sufficient, and
10.55.130 Severability 1943 c 218. If any provi- shall not be deemed a variance, if it be proved on trial
sion of this chapter or the application thereof to any that at the time when such offense was committed, ei-
person or circumstances is held invalid, such invalidity ther the actual or constructive possession, or the general
shall not affect other provisions or applications of the or special property in the whole, or any part of such real
chapter which can be given effect without the invalid or personal estate, was in the person or community al-
provision or application, and to this end the provisions of leged in the indictment or other accusation to be the
this chapter are declared to be severable. [1943 c 218 § owner thereof. [Code 1881 § 963; 1854 p 99 § 133; RRS
7; Rem. Supp. 1943 § 2150-7.] § 2156.1
r&le 10 RCW(1979 Ed.F-p 341
row—
Judgments And Sentences Chapter 10.64
Indictment or information, certain defects or imperfections deemed which a judgment shall be entered accordingly. [1891 c
imnuterial:RCW 10.37.056. 28 § 77; Code 1881 § 1099; 1873 p 239 § 260; 1854 p
10.58.080 View of place of crime permissible. The 120 § 124; RRS § 2169. FORMER PART OF SEC-
court may order a view by any jury impaneled to try a TION: 1891 c 28 § 37; Code 1881 § 1022; 1869 p 243 §
criminal case. [Code 1881 § 1090; 1873 p 237 § 251; 200; RRS § 2073, now codified as RCW 10.61.035.]
1854 p 120 § 115; RRS § 2160.] Rules of court This section superseded by CrR 6.16. See comment
after CrR 6.16.
Chapter 10.61 . 10.61.035 Conviction or acquittal—Several de-
VERDICTS fendants. Upon an indictment or information against
several defendants any one or more may be convicted or
sections
acquitted. [1891 c 28 § 37; Code 1881 § 1022; 1873 p 10.61.003 Degree offenses—Inferior degree—Attempt. 228 § 205; 1869 p 243 § 200; RRS § 2073. Formerly
RCW 10.61.030 ]
10.61.006 Other cases—Included offenses. part.
10.61.010 Conviction of lesser crime. - Rules of court This section superseded in part, by CrR 6.16. See
10.61.030 Verdict when several are accused. comment after CrR 6.16.
10.61.035 Conviction or acquittal—several defendants.
10.61.040 Rendition of verdict. Discharging defendant to give evidence:RCW 10.46.110.
10.61.050 Form of verdict—Court to 6x fine and punishment.
10.61.060 Reconsideration of verdict. 10.61.040 Rendition of verdict. When the jury have
Rules of court verdicts—CrR 6.16 agreed upon their verdict they must be conducted into
Defendant to be informed of verdict:RCW 10.64.040. court by the officer having them in charge. Their names
Former acquittal or conviction—Offense embraces other degrees must then be called, and if all appear their verdict must
and included offenses:RCW 10.43.020, 10.43.050. be rendered in open court; and if all do not appear the
rest must be discharged without giving a verdict, and the
10.61.003 Degree offenses Inferior degree— cause must be tried again. [1891 c 28 § 80; Code 1881 §
Attempt. Upon an indictment or information for an of- 1102; 1873 p 239 § 263; 1854 p 121 § 127; RRS §
fense consisting of different degrees, the jury may find 2171.]
the defendant not guilty of the degree charged in the in-
dictment or information, and guilty of any degree infe- Rules of court This section superseded 6y CrR 6.16. See comment
after CrR 6.76.
rior thereto, or of an attempt to commit the offense.
[1891 c 28 § 75; Code 1881 § 1097; 1854 p 120 § 122; 10.61.050 Form of verdict—Court to fix fine and
RRS § 2167. Formerly RCW 10.61.010, part.] [SLC-
punishment. W
When the defendant is found guilty, theRO-11]
court, and not the jury, shall fix the amount of fine and
Where doubt as to degree,conviction of lowest:RCW 10.58.020. theunishment to be inflicted. The verdict of the jury
P J Y
may be substantial) in the following form:
Y Y g
10.61.006 Othet cases Included offenses. In all "We, the jury, in the case of the state of Washington,
other cases the defendant may be found guilty of an of- plaintiff, against ----------- defendant, find the de-
fense the commission of which is necessarily included fendant (guilty or not guilty, as the case may be.)
within that with which he is charged in the indictment (Signed,) A B, foreman." [Code 1881 § 1103; 1873 p
or information. [1891 c 28 § 76; Code 1881 § 1098; 239 § 264; 1865 p 101 § 1; 1854 p 121 § 128; RRS §
1854 p 120•§ 123; RRS § 2168. Formerly RCW 10.61- 2172. Formerly RCW 10.61.050 and 10.64.050.]
.010, part.] [SLC-RO-I I] Rules of court. This section superseded by CrR 6.16. See comment
10.61.010 Conviction of lesser crime. Upon the trial atter CrR 6.16.
of an indictment or information, the defendant may be 10.61.060 Reconsideration of verdict. When there is
convicted of the crime charged therein, or of a lesser de- a verdict of conviction in which it appears to the court
gree of the same crime, or of an attempt to commit the that the jury have mistaken the law, the court may ex-
crime so charged, or of an attempt to commit a lesser plain the reason for that opinion, and direct the jury to
degree of the same crime. Whenever the jury shall find a reconsider the verdict; and if after such reconsideration
verdict of guilty against a person so charged, they shall they return the same verdict it must be entered, but it
in their verdict specify the degree or attempt of which shall be good cause for new trial. When there is a ver-
the accused is guilty. [1909 c 249 § 11; RRS § 2263. dict of acquittal the court cannot require the jury to re-
FORMER PARTS OF SECTION: (i) 1891 c 28 § 75; consider it. [1891 c 28 § 78; Code 1881 § 1100; 1873 p
Code 1881 § 1097; 1854 p 120 § 122; RRS § 2167, now 239 § 261; 1854 p 121 § 125; RRS § 2170.1
codified as RCW 10.61.003. (ii) 1891 c 28 § 76; Code
1881 § 1098; 1854 p 120 § 123; RRS § 2168, now codi-
fied as RCW 10.61.006.] [SLC=RO-11] Chapter 10.64
10.61.030 Verdict when several are accused. On an JUDGMENTS AND SENTENCES
indictment or information against several, if the jury Sections
cannot agree upon a verdict as to all, they may render a 10.64.010 Pronouncing judgment.
verdict as to those in regard to whom they do agree, on 10.64.015 Judgment to include costs—Exception.
[Title 10 RCW(1979 Ed.)---p 351
Commitments And Executions 10.70.020
10.64.080 Judgments a lien on realty. Judgments for (1) When the jury has received any evidence, paper[,]
fines in all criminal actions rendered, are, and may be document, or book not allowed by the court;
made liens upon the real estate of the defendant in the (2) Misconduct of the jury;
same manner, and with like effect as judgments in civil (3) Newly discovered evidence material for the de-
actions. [Code 1881 § 1111; RRS § 2188.1 fendant, which he could not have discovered with rea-
sonable diligence, and produced at the trial;
10.64.090 Discharge of defendant and bail upon dis- (4) Accident or surprise;
missal. Whenever the court shall direct any criminal (5) Error of law occurring at the trial and excepted to
prosecution to be dismissed, the defendant shall, if in by the defendant;
custody, be discharged therefrom, or if admitted to bail, (6) When the verdict is contrary to law and evidence;
his bail shall be exonerated, and if money has been de- but not more than two new trials shall be granted for
posited instead of bail it shall be refunded to the person these causes alone. [1925 ex.s. c 150 § 5; 1891 c 28 § 81;
depositing the same. [1909 c 249 § 61; Code 1881 § 774; Code 1881 § 1105; 1873 p 240 § 266; 1854 p 121 § 130;
RRS § 2313.] RRS § 2181. Formerly RCW 10.67.010 and 10.67.020.1
Rales of court. This section superseded by CrR 8.8. See comment - Rules of court: Chapter 10.67 RCW probably superseded by CrR
after CrR 8.8. 7.6.See comment after CrR 7.6.
10.64.100 Final record What to contain. The 10.67.030 New trial---When application must be
clerk of the court shall make a final record of all the supported by affidavit. When the application is made for
proceedings in a criminal prosecution within six months a cause mentioned in the first, second, third and fourth
after the same shall have been decided, which shall con- subdivisions of RCW 10.67.010, the facts on which it is
tain a copy of the minutes of the challenge to the panel based shall be set out in an affidavit. [Code 1881 §
of the grand jury, the indictment or information,journal 1106; 1873 p 240 § 267; 1854 p 122 § 131; RRS §
entries, pleadings, minutes of challenges to panel of petit 2182.]
jurors, judgment, orders, or decision, and bill of excep-
tions. [1891 c 28 § 85; Code 1881 § 1134; 1873 p 245 § Rules of couch Chapter 17.67 RCW probably superseded by CrR
292; 1854 p 125 § 156; RRS § 2224.1 7.6.See comment after CrR 76.
10.64.110 Fingerprint of defendant in felony convic- Chapter 10.70
tions. Following June 15, 1977, there shall be affixed to
the original of every judgment and sentence of a felony COMMITMENTS AND EXECUTIONS
conviction in every court in this state and every order
adjudicating a juvenile to be a delinquent based upon sections
c 10.70.010 Commitment until fine and costs are paid.
conduct which would be a felony if committed by an
10.70.020 Mittimus upon sentence to imprisonment.
adult, a fingerprint of the defendant or juvenile who is 10.70.040 Death sentence—Sheriff to hold prisoner.
the subject of the order. When requested by the clerk of 10.70.050 Death warrant—Form.
the court, the actual affixing of fingerprints shall be 10.70.060 Death sentence—Mittimus to sheriff.
done by a representative of the office of the county 10.70.070 Mittimus on death sentence—Return by sheriff.
10.70.080 Death penalty—Custody of prisoner and execution.
sheriff. 10.70.090 Death penalty—How executed.
The clerk of the court shall attest that the fingerprints 10.70.100 Death warrant—Record by superintendent of
appearing on the judgment in sentence, order of adjudi- prison.
cation of delinquency, or docket, is that of the individual 10.70.110 Death warrant—Return to clerk.
10.70.120 Proceedings on failure to execute on day named.
who is the subject of the judgment or conviction, order, 10.70.130 Returns on death warrant and mittimus—Filing by
or docket entry. [1977 ex.s. c 259 § 1.] clerk.
10.70.140 Aliens committed—Notice to immigration
authority.
Chapter 10.67 10.70.150 Aliens committed—Copies of clerk's records.
NEW TRIALS 10.70.010 Commitment until fine and costs are paid.
When the defendant is adjudged to pay a fine and costs,
Sections
10.67.010 Time for making--Grounds. the court shall order him to be committed to the custody
10.67.030 New trial—When application must be supported of the sheriff until the fine and costs are paid or secured
by affidavit. as provided by law. [Code 1881 § 1119; 1873 p 242 §
Rules of court: Chapter 10.67 RCW probably superseded by CrR 277; 1854 p 123 § 141; RRS § 2200.1
7.6.See comment after CrR 7.6. Commitment for failure to pay fine and costs—Execution against
defendant's property:RCW 10.82.030.
10.67.010 Time for making—Grounds. An appli- Stay of execution for sixty days on recognizance:RCW 10.82.010,
cation, or motion, for a new trial must be made within 10.82.025.
two days after a verdict of guilty is returned, and may
be granted for the following causes, where it affirm- 10.70.020 Mittimus upon sentence to imprisonment.
atively appears that a substantial right of the defendant When any person shall be sentenced to be imprisoned in
was affected, whereby he, or she, was illegally or un- the penitentiary or county jail, the clerk of the court
justly convicted; shall, as soon as may be, make out and deliver to the
(Title 10 RCW(1979 Ed.)—p 371
10.70.020 Title 10 RCW: Criminal Procedure
sheriff of the county, or his deputy, a transcript from the such superintendent P pe mtendent shall not suffer orP ermit an
y per-
minutes of the court of such conviction and sentence, son to visit, converse or communicate with such on.
duly certified by such clerk, which shall be sufficient demned person excepting the attendants in the state
authority for such sheriff to execute the sentence, who penitentiary, legal, spiritual and medical advisers, and
shall execute it accordingly. [Code 1881 § 1126; 1873 p the members of the immediate family of the condemned
243 § 284; 1854 p 124 § 148; RRS § 2207.1 person, which visits and communications shall be under
and subject to the rules and regulations of the state pen.
10.70.040 Death sentence—Sheriff to hold pris- itentiary. [1901 ex.s. c 9 § 3; RRS § 2214.]
oner. Pending the issuance of the death warrant the
sheriff shall hold the condemned person in safe custody. 10.70.090 Death penalty How executed. The
[1901 ex.s. c 9 § 8; .RRS § 2219.1 punishment of death prescribed by law must be inflicted
by hanging by the neck. [Code 1881 § 1131; 1873 p 244
10.70.050 Death warrant Form. When judgment § 289; 1854 p 125 § 153; RRS § 2212.]
of death is rendered following conviction and no appeal
is taken, or the judgment has been affirmed on appeal, a 10.70.100 Death warrant Record by superinten-
death warrant shall be issued by the clerk of the trial - dent of prison. The superintendent of the state peniten-
court, which said warrant shall be signed by a judge of tiary shall keep in his office as part of the public records
said court and attested by the clerk thereof under the a book in which shall be entered a copy of the death
seal of the court. Said warrant shall be directed to the warrant and his return made thereon, together with a
superintendent of the state penitentiary of the state of complete statement of his acts in pursuance of said war-
Washington, and shall state the conviction of the person rant. [1901 ex.s. c 9 § 4; RRS § 2215.]
named therein and the judgment of the court, and ap-
point a day in which the judgment shall be executed by 10.70.110 Death warrant Return to clerk.
the superintendent of the state penitentiary, which shall Within twenty days after said execution the superinten-
not be less than thirty nor more than ninety days from dent of the state penitentiary shall return said death
the date of final judgment. [1901 ex.s. c 9 § 1; Code warrant to the clerk of the court from which same was
1881 § 1130; 1873 p 244 § 288; 1860 p 152 § 291; 1854 issued with his return thereon showing all proceedings
p 125 § 152; RRS § 2210.] had by him thereunder. [1901 ex.s. c 9 § 5; RRS §
2216.]
10.70.060 Death sentence—Mittimus to sheriff. At
the time of the issuance of said death warrant an order 10.70.120 Proceedings on failure to execute on day
shall be issued by the clerk of the court, which shall be named. Whenever the time appointed for the execution
signed by the judge and attested by the clerk under the of a prisoner shall have passed, from any cause, the
seal of the court. Said order shall direct the sheriff to court by whom the time was fixed, or the judge or
hold the person condemned to death, who shall be judges thereof, shall cause the prisoner to be brought
named therein, in safe custody and forthwith deliver said immediately before the said court, judge or judges, and
person, together with the death warrant, into the hands proceed to appoint a day for the carrying into effect of
of the superintendent of the state penitentiary. [1901 the sentence of death. [Code 1881 § 1133; 1873 p 245 §
ex.s. c 9 § 2; RRS § 2213. Prior: 1873 p 244 § 288.] 291; 1854 p 125 § 155; RRS § 2222.]
1
10.70.070 Mittimus on death sentence Return by 10.70.130 Returns on death warrant and mitti-
sheriff. The sheriff to whom the above named order is mus Filing by clerk. The clerk of the court from
issued and delivered shall immediately execute such or- which the death warrant and the order to the sheriff
der and return
the same into
court within twenty days were issued shall, receipt of the returns from the
after he has delivered the death warrant and the person superintendent endent of the
stateenitenti r
p a and from the
named therein erein into the hands of the superintendent of sheriff P e ff hereinbefore directed file same with the records
the state penitentiary, with his return thereon showing in the case and subjoin to the record of conviction and
all proceedings had
b
Y him thereunder. [1901 ex.s. c9
§ sentence a brief abstract-of such returns. [1901 ex.s. c 9
6; RRS § 2217.1 § 7; Code 1881 § 1132; 1854 p 125 § 154; RRS § 2218.]
10.70.080 Death penalty—Custody of prisoner and 10.70.140 Aliens committed Notice to immigra-
execution. Upon delivery to him of said death warrant tion authority. Whenever any person shall be committed
and of the person therein named, the superintendent of to the state penitentiary, the state reformatory, the
the state penitentiary shall take the person condemned county jail or any other state or county institution which
to.be executed and keep said person in safe custody is supported wholly or in part by public funds, it shall be
within said state penitentiary until the day appointed in the duty of the warden, superintendent, sheriff or other
the warrant for the execution, upon which appointed day officer in charge of such state or county institution to at
he shall carry out the mandate.contained in said warrant once inquire into the nationality of such person, and if it
by executing said condemned person within the walls of shall appear that such person is an alien, to immediately
the state penitentiary in the manner provided by law. notify the United States immigration officer in charge of
And between the date of receiving such condemned per- the district in which such penitentiary, reformatory, jail
son and the date fixed in such warrant for his execution, or other institution is located, of the date of and the
(Title 10 RCW(1979 Ed.}--p 3Sl
Criminally Insane Procedures
10.77.010
reasons for such alien commitment, the length of time 10.77.020 Right to legal counsel—Waiver—Finding—
Right to expert and attorney when subjected to
for which committed, the country of which he is a Citi- mental status examination—Indigents—Order
un,and the date on which and the port at which he last of commitment or treatment—Self-incrimination.
entered the United States. [1925 ex.s. c 169 § 1; RRS § 10.77.030 Evidence of insanity—Admissibility—Evidence
2206-1 ] required to establish as a defense.
10.77.040 Instructions to jury on special verdict.
10.77.050 Trial,conviction,or sentencing of person under men-
10.70.150 Aliens committed—Copies of clerk's re- tal incapacity.
cords. Upon the official request of the United States 10.77.060 Plea of not guilty due to insanity—Doubt as to
immigration officer in charge of the territory or district competency—Examination—Report.
10.77.070 Examination rights of defendant's expert or profes-
sional person.
any state or county institution which is supported wholly 10.77.080 Motion for acquittal on grounds of insanity—
or in part by public funds, it shall be the duty of the Hearing—Findings.
clerk of such court to furnish without charge a certified 10.77.090 Stay of proceedings on grounds of incompetency
copy of the complaint, information or indictment and the where felony charged—commitment—Find-
ings—Extensions of commitment period—Al-
judgment and sentence and any other record pertaining ternative procedures—Procedure where crime
to the case of the convicted alien. [1925 ex.s. c 169 § 2; charged is not a felony.
RRS § 2206-2.1 10.77.100 Experts or professional persons as witnesses.
10.77.110 Acquittal of felony—Discharge,hospitalization,
conditional release—Acquittal of nonfelony—
Release or custody for evaluation.
Chapter 10.73 10.77.120 Confinement of committed person—Custody—
CRIMINAL APPEALS Hearings—Discharge.
10.77.130 Statement of facts or bill of exceptions as part of
record.
Sections 10.77.140 Periodic examinations—Reports—Notice to
10.73.010 Appeal by defendant. court.
10.73.040 Bail pending appeal. 10.77.150 Conditional release—Application—Procedure.
Effect of appeal by defendant:RCW 9.95.060,9.95.062. 10.77.160 Conditional release Reports as to adherence to
terms and conditions of release.
10.73.010 Appeal by defendant. Appeal by defend- 10.77.170 Payments to conditionally released persons.
10.77.180 Conditional release Periodic review of case.
ant,see Rules of Court, Vol. 0. 10.77.190 Conditional release—Modification of terms—
Procedure.
10.73.040 Bail pending appeal. In all criminal ac- 10.77.200 Final discharge Procedure.
tions, except capital cases in which the proof of guilt is 10.77.210 Right to adequate care and treatment—Records
and reports to be kept—Availability.
clear or the presumption great, upon an appeal being 10.77.220 Incarceration in correctional institution or facility
taken from a judgment of conviction, the court in which prohibited.
the judgment was rendered, or a judge thereof, must, by 10.77.230 Appeals.
an order entered in the journal or filed with the clerk, fix 10.77.240 Existing rights not affected.
10.77.250 Responsibility for costs Reimbursement.
and determine the amount of bail to be required of the 10.77.900 Savings—construction-1973 1st ex.s.c 117.
appellant; and the appellant shall be committed until a 10.77.910 Severability-1973 1st ex.s.c 117.
bond to the state of Washington in the sum so fixed be 10.77.920 Chapter successor to chapter 10.76 RCW.
executed on his behalf by at least two sureties possessing 10.77.930 Effective date 1973 1st ex.s.c 117.
the qualifications required for sureties on appeal bonds Mentally ill,commitment:Chapter 71.02 RCW.
by 'section ten of this act, such bond to be conditioned
that the appellant shall appear whenever required, and 10.77.010 Definitions. As used in this chapter:
stand to and abide by the judgment or orders of the ap- (1) A "criminally insane" person means any person
pellate court, and any judgment and order of the supe- who has been acquitted of a crime charged by reason of
rior court that may be rendered or made in pursuance insanity, and thereupon found to be a substantial danger
thereof. If the appellant be already at large on bail, his to other persons or to present a substantial likelihood of
sureties shall be liable to the amount of their bond, in committing felonious acts jeopardizing public safety or
the same manner and upon the same conditions as if security unless kept under further control by the court or
they had executed the bond prescribed by this section; other persons or institutions.
but the court may by order require a new bond in a (2) "Indigent" means any person who is financially
larger amount or with new sureties, and may commit the unable to obtain counsel or other necessary expert or
. appellant until the order be complied with. [1893 c 61 § professional services g substantial hard-
without causing
31; RRS § 1747.] ship to himself or his family.
•Reviser's note: "section ten of this act" refers to 1893 c 61 § 10, (3) "Secretary" means the secretary of the depart-
which section was repealed by 1957 c 7 § 10. ment of social and health services or his designee.
(4) "Department" means the state department of so-
cial and health services.
Chapter 10.77 (5) "Treatment" means any currently standardized
CRIMINALLY INSANE PROCEDURES
medical or mental health procedure including
medication.
Sections (6) "Incompetency" means a person lacks the capacity
10.77.010 Definitions. to understand the nature of the proceedings against him
' (Title 10 RCW(1979 Ed.}-p 391
10.77.010 Title 10 RCW: Criminal Procedure
or to assist in his own defense as a result of mental dis- of insanity is not admissible unless the defendant, at the
ease or defect. time of arraignment or within ten days thereafter or at
(7) No condition of mind proximately induced by the such later time as the court may for good cause permit,
voluntary act of a person charged with a crime shall files a written notice of his intent to rely on such a
constitute "insanity". [1974 ex.s. c 198 § 1; 1973 1st defense.
ex.s. c 117 § 1.] (2) Insanity is a defense which the defendant must
establish by a preponderance of the evidence. [1974 ex.s.
10.77.020 Right to legal counsel Waiver c 198 § 3; 1973 1st ex.s. c 117 § 3.]
Finding—Right to expert and attorney when subjected
to mental status examination—Indigents--Order of 10.77.040 Instructions to jury on special verdict.
commitment or treatment--Self-incrimination. (1) At Whenever the issue of insanity is submitted to the jury,
any and all stages of the proceedings pursuant to this the court shall instruct the jury to return a special ver.
chapter, any person subject to the provisions of this dict in substantially the following form:
chapter shall be entitled to the assistance of.counsel, and answer
if the person is indigent the court shall appoint counsel - yes or no
to assist him. A person may waive his right to counsel; 1. Did the defendant commit the act
but such waiver shall only be effective if a court makes a charged? -----
specific finding that he is or was competent to so waive. 2. If your answer to number 1 is yes, do
In making such findings, the court shall be guided but you acquit him because of insanity
not limited by the following standards: Whether the existing at the time of the act
person attempting to waive the assistance of counsel, charged? -----
does so understanding: 3. If your answer to number 2 is yes, is
(a) The nature of the charges; the defendant a substantial danger to
(b) The statutory offense included within them; other persons unless kept under fur-
(c) The range of allowable punishments thereunder; ther control by the court or other
(d) Possible defenses to the charges and circumstances persons or institutions? -----
in mitigation thereof; and 4. If your answer to number 2 is yes,
(e) All other facts essential to a broad understanding does the defendant present a sub-
of the whole matter. Istantial likelihood of committing fe-
(2) Whenever any person is subjected to an examina- lonious acts jeopardizing public
tion pursuant to any provision of this chapter, he may safety or security unless kept under
retain an expert or professional person to perform an further control by the court or other
examination in his behalf. In the case of a person who is persons or institutions? -----
indigent,
-___indigent, the court shall upon his request assist the per- 5. If your answers to either number 3
son in obtaining an expert or professional person to per- or number 4 is yes, is it in the best
form an examination or participate in the hearing on his interests of the defendant and others
behalf. An expert or professional person obtained by an that the defendant be placed in
indigent person pursuant to the provisions of this chapter treatment that is less restrictive than
shall be compensated for his services out of funds of the detention in a state mental hospital? -----
department,
__--department, in an amount determined by it to be fair
and reasgnable. [1974 ex.s. c 198 § 4; 1973 1st ex.s. c 117 § 4.1
(3) Whenever any person has been committed under
any provision of this chapter, or ordered to undergo al- 10.77.050 Trial, conviction, or sentencing of person
ternative treatment following his acquittal of a crime under mental incapacity. No incompetent person shall be
charged by reason of insanity, such commitment or tried, convicted, or sentenced for the commission of an
treatment cannot exceed the maximum possible penal offense so long as such incapacity continues. [1974 ex.s.
sentence for any offense charged for which he was ac- c 198 § 5; 1973 1st ex.s. c 117 § 5.]
quitted by reason of insanity. If at the end of that period
the person has not been finally discharged and is still in 10.77.060 Plea of not guilty due to insanity
need of commitment or treatment, civil commitment Doubt as to competency Examination—Report.
proceedings may be instituted, if appropriate. (1) Whenever a defendant has pleaded not guilty by
(4) Any time the defendant is being examined by reason of insanity, or there is reason to doubt his com-
court appointed experts or professional persons pursuant petency, the court on its own motion or on the motion of
to the provisions of this chapter, he shall be entitled to any party shall either appoint or request the secretary to
have his attorney present. The defendant may refuse to designate at least two qualified experts or professional
answer any question if he believes his answers may tend persons, one of whom shall be approved by the prosecut-
to incriminate him or form links leading to evidence of ing attorney, to examine and report upon the mental
an incriminating nature. [1974 ex.s. c 198 § 2; 1973 1st condition of the defendant. For purposes of the exami-
ex.s. c 117 § 2.] nation, the court may order the defendant committed to
a hospital or other suitable facility for a period of time
10.77.030 Evidence of insanity Admissibility necessary to complete the examination, but not to exceed
Evidence required to establish as a defense. (1) Evidence fifteen days.
(Title 10 RCW(1979 Ed.)---p 401
Criminally Insane Procedures 10.77.090
(2) The court may direct that a qualified expert or Findings—Extensions of commitment •period Al-
professional person retained by or appointed for the de- ternative procedures Procedure where crime charged
fendant be permitted to witness the examination author- is not a felony. (1) If at any time during the pendency of
ized by subsection (1) of this section, and that he shall an action and prior to judgment, the court finds follow-
have access to all information obtained by the court ap- ing a report as provided in
ede 10.7t.060,is as note r
pointed experts or professional persons. The defendant's hereafter amended,
that expert or professional person shall have the right to file the court shall order the proceedings against him be
his own report following the guidelines of subsection (3) stayed, except as provided in subsection (5) of this sec-
of this section. If the defendant is indigent, the court tion, and, if the defendant is charged with a felony, may
shall upon the request of the defendant assist him in ob- Who shallmmit lacef such defendant iant to the n an appropriate facility
y of the secretary,
taining an expert or professional person. P
(3) The report of the examination shall include the of the department for evaluation and treatment, or the
following: court may alternatively order the defendant to undergo
ature of the examination; evaluation and treatment at some other facility, or under
(a) A description of the n
(b) A diagnosis of the mental condition of the the guidance and control of some other person, until he
has regained the competency necessary to understand
defendant;
(c) If the defendant suffers from a mental disease or the proceedings against him and assist in his own de
defect, an opinion as to his competency; fense, but in any event, for no longer than a period of
(d) If the defendant has indicated his intention to rely ninety days. A copy of the report shall be sent to the fa-
on the defense of insanity pursuant to RCW 10.77.030, cility. On or before expiration of the initial ninety day
an opinion as to the defendant's sanity at the time of the period of commitment the court shall conduct a hearing,
at which it shall determine whether or not the defendant
act; is incom etent. If the defendant is charged with a crime
(e) When directed by the court, an opinion as to the P
capacity of the defendant to have a particular state of which is not a felony, the court may stay or dismiss pro-
mind which is an element of the offense charged; ceedings and detain the defendant for sufficient time to
(f) An opinion as to whether the defendant is a sub- allow the county mental health professional to evaluate
stantial danger to other persons, or presents a substantial the defendant and commence proceedings under chapter
likelihood of,committing felonious acts jeopardizing 71.05 RCW if appropriate; and subsections (2) and (3)
public safety or security, unless kept under further con- of this section shall not be applicable: Provided, That,
trol by the court or other persons or institutions. [1974 upon order of the court, the prosecutor may directly pe-
ex.s. c 198 § 6; 1973 1st ex.s. c 117 § 6.1 tition for fourteen days of involuntary treatment under
chapter 71.05 RCW.
(2) If the court finds by a preponderance of the evi-
10.77.070 Examination rights of defendant's expert dence that the defendant is incompetent, the court shall
or professional person. When the defendant wishes to be have the option of extending the order of commitment or
examined by a qualified expert or professional person of alternative treatment for an additional ninety day pe-
reasonable access to the defendant for the purpose of
his own choice such examiner shall be permitted to have rind, but it must at the time of extension set a date for a
prompt hearing to determine the defendant's competency
such examination, as well as to all relevant medical and before the expiration of the second ninety day period.
psychological records and reports. [1973 1st ex.s.c 117 § The defendant, his attorney, the prosecutor, or the judge
7.] shall have the right to demand that the hearing on or
before the expiration of the second ninety day period be
10.77.080 Motion for acquittal on grounds of insan- before a jury. If no demand is made, the hearing shall be
ity Hearing Findings. The defendant may move before the court. The court or jury shall determine
the court for a judgment of acquittal on the grounds of whether or not the defendant has become competent.
insanity: Provided, That a defendant so acquitted may (3) At the hearing upon the expiration of the second
not later contest the validity of his detention on the ninety day period if the jury or court, as the case may
grounds that he did not commit the acts charged. At the be, finds that the defendant is incompetent, the charges
hearing upon said motion the defendant shall have the shall be dismissed without prejudice, and either civil
burden of proving by a preponderance of the evidence commitment proceedings shall be instituted, if appropri-
that he was insane at the time of the offense or offenses ate, or the court shall order the release of the defendant:
with which he is charged. If the court finds that the de- Provided, That the criminal charges shall not be dis-
fendant should be acquitted by reason of insanity, it missed if at the end of the second ninety day period the
shall enter specific findings in substantially the same court or jury finds that the defendant is a substantial
form as set forth in RCW 10.77.040 as now or hereafter danger to other persons, or presents a substantial likeli-
amended. If the motion is denied, the question may be hood of committing felonious acts jeopardizing public
submitted to the trier of fact in the same manner as safety or security, and that there is a substantial proba-
other issues of fact. [1974 ex.s.c 198 § 7; 1973 I st ex.s. bility that the defendant will regain competency within a
c 117 § 8.] reasonable period of time. In the event that the court or
jury makes such a finding, the court may extend the pe-
10.77.090 Stay of proceedings on grounds of incom- riod of commitment for an additional six months. At the
PY —
etenc where" felony chargedCommitment end of said six month period, if the defendant remains
(Title 10 RCW(1979 Ed."411
10.77.090 Title 10 RCW: Criminal Procedure
incompetent, the charges shall be dismissed without forthwith provide adequate care and individualized
prejudice and either civil commitment proceedings shall treatment at one or several of the state institutions or
be instituted, if appropriate, or the court shall order re- facilities under his direction and control wherein persons
lease of the defendant. committed as criminally insane may be confined. Such
(4) The fact that the defendant is unfit to proceed persons shall be under the custody and control of the
does not preclude any pretrial proceedings which do not secretary to the same extent as are other persons who
require the personal participation of the defendant. are committed to his custody, but such provision shall be
(5) A defendant receiving medication for either made for their control, care, and treatment as is proper
physical or mental problems shall not be prohibited from in view of their condition. In order that the secretary
standing trial, if the medication either enables him to may adequately determine the nature of the mental ill-
understand the proceedings against him and to assist in ness of the person committed to him as criminally in.
his own defense, or does not disable him from so under- sane, and in order for the secretary to place such
standing and assisting in his own defense. individuals in a proper facility, all persons who are com-
(6) At or before the conclusion of any commitment mitted to the secretary as criminally insane shall be
period provided for by this section, the facility providing - promptly examined by qualified personnel in such a
evaluation and treatment shall provide to the court a manner as to provide a proper evaluation and diagnosis
written report of examination which meets the require- of such individual. Any person so committed shall not be
ments of RCW 10.77.060(3). [1979 1st ex.s. c 215 § 3; discharged from the control of the secretary save upon
1974 ex.s. c 198 § 8; 1973 1st ex.s. c 117 § 9.] the order of a court of competent jurisdiction made after
a hearing and judgment of discharge.
10.77.100 Experts or professional persons as wit- Whenever there is a hearing which the committed
nesses. Subject to the rules of evidence, experts or pro- person is entitled to attend, the secretary shall send him
fessional persons who have reported pursuant to this in the custody of one or more department employees to
chapter may be called as witnesses at any proceeding the county where the hearing is to be held at the time
held pursuant to this chapter. Both the prosecution and the case is called for trial. During the time he is absent
the defendant may summon any other qualified expert from the facility, he shall be confined in a facility desig-
or professional persons to testify. [1974 ex.s. c 198 § 9; nated by and arranged for by the department, and shall
1973 1st ex.s. c 117 § 10.1 at all times be deemed to be in the custody of the de-
partment employee and provided necessary treatment. If
10.77.110 Acquittal of felony Discharge, hospi- the decision of the hearing-remits the person to custody,
talization, conditional release—Acquittal of nonfel- the department employee shall forthwith return him to
ony Release or custody for evaluation. If a defendant such institution or facility designated by the secretary. If
is acquitted of a felony by reason of insanity, and it is the state appeals an order of discharge, such appeal shall
found that he is not a substantial danger to other per- operate as a stay, and the person in custody shall so re-
sons, or does not present a substantial likelihood of main and be forthwith returned to the institution or fa-
committing felonious acts jeopardizing public safety or cility designated by the secretary until a final decision
security, unless kept under further control by the court has been rendered in the cause. [1974 ex.s. c 198 § 11;
or other persons or institutions, the court shall direct his 1973 1st ex.s. c 117 § 12.]
final discharge. If it is found that such defendant is a
substantial danger to himself or others and in need of 10.77.130 Statement of facts or bill of exceptions as
control by the court or other persons or institutions, the part of record. Either party to the cause may have the
court shall order his hospitalization, or any appropriate evidence and all of the matters not of record in the cause
alternative treatment less restrictive than detention in a made a part of the record by the certification of a state-
state mental hospital, pursuant to the terms of this ment of facts or bill of exceptions as in other cases. If an
chapter. If it is found that such defendant is not a sub- appeal should not be taken, such statement of facts or
stantial danger to other persons, or does not present a bill of exceptions shall remain on file in the office of the
substantial likelihood of committing felonious acts jeop- clerk of the court where the cause was tried, and if an
ardi 'mg public safety or security,
but that he is innee
d
appeal taken,
the statement of facts or bill
of exce
P
-
of control by the court or other persons or institutions, tions shall be returned from the court of appeals or the
the court shall direct his conditional release. If the de- supreme court to the court where the cause was tried
fendant is acquitted by reason of insanity of a crime when the court of appeals or the supreme court shall
which is not a felony, the court shall order the defend- have rendered its final judgment in the cause. [1973 1st
ant's release or order the defendant's continued custody ex.s. c 117 § 13.1
only for a reasonable time to allow the county-desig- Rules of court:Cf. RAP 9.1, 18.22.
nated mental-health professional to evaluate the indi-
vidual and to proceed with civil commitment pursuant to 10.77.140 Periodic examinations—Reports
chapter
xaminations Reportschapter 71.05 RCW, if considered appropriate. [1979 Notice to court. Each person committed to a hospital or
1 st ex.s. c 215 § 4; 1974 ex.s. c 198 § 10; 1973 1 st ex.s. c other facility or conditionally released pursuant to this
117 § 11.] chapter shall have a current examination of his mental
condition made by one or more experts or professional
10.77.120 Confinement of committed person— persons at least once every six months. Said person may
Custody Hearing's Discharge.The secretary shall retain, or if he is indigent and so requests, the court may
mine 10 RCW(1979 Ed."421
Criminally Insane Procedures 10.77.190
Ninea qualified expert or professional person to ex- which released, and to the prosecuting attorney of the
amine him, and such expert or professional person shall county in which the person was committed, a report
have access to all hospital records concerning the person. stating whether the person is adhering to the terms and
The secretary, upon receipt of the periodic report, shall conditions of his conditional release. [1973 1st ex.s. c
provide written notice to the court of commitment of 117 § 16.]
compliance with the requirements of this section. [1974
ex.s.c 198 § 12; 1973 1st ex.s. c 117 § 14.] 10.77.170 Payments to conditionally released per-
sons. As funds are available, the secretary may provide
10.77.150 Conditional release Application— payment to a person conditionally released pursuant to
procedure. (1) Persons examined pursuant to RCW 10- RCW 10.77.150, consistent with the provisions of RCW
.77.140, as now or hereafter amended, may make appli- 72.02.100 and 72.02.110, and may adopt rules and reg-
cation to the secretary for conditional release. The ulations to do so. [1973 1st ex.s. c 117 § 17.]
secretary shall, after considering the reports of experts
or professional persons conducting the examination pur- - 10.77.180 Conditional release Periodic review of
suant to RCW 10.77.140, forward to the court of the case. Each person conditionally released pursuant to .
county which ordered his commitment the person's ap- RCW 10.77.150, as now or hereafter amended, shall
plication for conditional release as well as his recom- have his case reviewed by the court which conditionally
mendations concerning the application and any proposed released him no later than one year after such release
terms and conditions upon which he reasonably believes and no later than every two years thereafter, such time
the person can be conditionally released. Conditional re- to be scheduled by the court. Review may occur in a
lease may also contemplate partial release for work, shorter time or more frequently, if the court, in its dis-
training, or educational purposes. cretion, on its own motion, or on motion of the person,
(2) The court of the county which ordered his com- the secretary or the prosecuting attorney, so determines.
mitment, upon receipt of an application for conditional The sole question to be determined by the court is
release with the secretary's recommendation for condi- whether the person shall continue to be conditionally re-
tional release, shall within thirty days schedule a hear- leased. The court in making its determination shall be
ing. The.court may schedule a hearing on applications aided by the periodic reports filed pursuant to RCW 10-
recommended for disapproval by the secretary. The .77.140, as now or hereafter amended, and RCW 10.77-
prosecuting attorney shall represent the state at such .160, and the opinions of the secretary and other experts
hearings and shall have the right to have the patient ex- or professional persons. [1974 ex.s. c 198 § 14; 1973 1st
amined by an expert or professional person of his choice. ex.s. c 117 § 18.]
If the committed person is indigent, and he so requests,
the court shall appoint a qualified expert or professional 10.77.190 Conditional release Modification of
person to examine him on his behalf. The issue to be terms Procedure. (1) Any person submitting reports
determined at such a hearing is whether or not the per- pursuant to RCW 10.77.160, the secretary, or the pros-
son may be released conditionally without substantial ecuting attorney may petition the court to, or the court
danger to other persons, or substantial likelihood of on its own motion may schedule an immediate hearing
committing felonious acts jeopardizing public safety or
for the purpose of modifying the terms of conditional
security. The court, after the hearing, shall rule on the release if the petitioner or the court believes the released
secretary's recommendations, and if it disapproves of person is failing to adhere to the terms and conditions of
conditional release, may do so only on the basis of sub- his conditional release or is in need of additional care
stantial evidence. The court may modify the suggested and treatment.
terms and conditions on which the person is to be condi- (2) If the prosecuting attorney, the secretary, or the
tionally released. Pursuant to the determination of the court, after examining the report filed with them pursu=
court after hearing, the committed person shall there- ant to RCW 10.77.160, or based on other information
upon be released on such conditions as the court deter- received by them, reasonably believes that a condition-
mines to be necessary, or shall be remitted to the ally released person is failing to adhere to the terms and
custody of the secretary. conditions of his conditional release, and because of that
(3) Any person, whose application for conditional re- failure he has become a substantial danger to other per-
lease has been denied, may reapply after a period of six sons, or presents a substantial likelihood of committing
months from the date of denial. [1974 ex.s. c 198 § 13; felonious acts jeopardizing public safety or security, the
1973 1st ex.s. c 117 § 15.1 court or secretary may order that the conditionally re-
leased person be apprehended and taken into custody
10.77.160 Conditional release Reports as to ad- until such time as a hearing can be scheduled to deter-
herence to terms and conditions of release. When a con- mine the facts and whether or not the person's condi-
ditionally released person is required by the terms of his tional release should be revoked or modified. The court
conditional release to report to a physician, probation shall be notified before the close of the next judicial day
officer, or other such person on a regular or periodic ba- of the apprehension. Both the prosecuting attorney and
sis, the doctor, probation officer, or other such person the conditionally released person shall have the right to
shall monthly, or as otherwise directed by the court, request an immediate mental examination of the condi-
submit to the court, the secretary, the institution from tionally released person. If the conditionally released
[Title 10 RCW(1979 Ed.)—p 431
Title 10 RCW: Criminal Procedure
person is indigent, the court or secretary shall upon re-
quest, assist him in obtaining a qualified expert or pro- , treatment
eatment shall keep custodyrson who has records edetailin or is in charge of
fessional person to conduct the examination. ling all medical, ex.(3) The court, upon receiving notification of the ap- committed person, and shall ert, and professional care akeep nd rcopies neof allrv�erects of
by a
prehension, shall promptly schedule a hearing. The issue periodic examinations of the patient that have been filed
to be determined is whether the conditionally released with the secretary pursuant to this chapter. All records
person did or did not adhere to the terms and conditions and reports made pursuant to this chapter, shall
of his release, and is a substantial danger to other per- made available only upon request, to the committed be
r.
sons, or presents a substantial likelihood of committing son, to his attorney, to his personal physician, to the
felonious acts jeopardizing per.
j p g public safety or security. prosecuting attorney, to the court or
other expertrt or
to the determination of the court upon such professional persons who upon proesdemon-
hearing, the conditionally released person shall either strate a need for access to such records. [1973 1sex.s.
c
continue to be conditionally released on the same or 117 § 21.1
modified conditions or his conditional release shall be
revoked and he shall be committed ed su '
b ec
oronly in
� t to release
actor 10.77
.220 dance with provisions of this chapter. 197 •220 Incarceration in correctional institution
only c 198 [ 4 facility hon is
1 r
§ 5; 1973 1st ex.s. c 117 § 19.] Y p oh�b�ted. No person confined pursuant to this
chapter shall be incarcerated in a state correctional in-
10.77.200 Final discharge procedure. 1 U n stitution or facility: Provided, That nothing herein shall
�_ Prohibit confinement in a mental health facility located
application by the criminally insane or conditionally
wholly within a correctional institution. [1974 ex.s. c 198
leased person, the secretary shall determine whether or
not reasonable grounds exist for final discharge. If the § 17; 1973 1st ex.s. c 117 § 22.1
secretary approves the final discharge he then shall au-
thorize said person to petition the court. 10.77.230 Appeals. Either party may appeal to the
(2) The petition shall be served upon the court and court of appeals the judgment of any hearing held pur-
suantthe prosecuting attorney. The court, upon receipt of the § 18; to the provisions of this chapter. [1974 ex.s. c 198
petition for final discharge, shall within forty–five days § 18; 1973 1st ex.s. c 117 § 23.]
order a hearing. Continuance of the hearing date shall Rues of court..Cf RAP 2.Z 18.22.
only be allowed for good cause shown. The prosecuting
attorney, shall represent the state, and shall have the 10.77.240 Existing rights not affected. Nothing in
right to have the petitioner examined by an expert or this chapter shall prohibit a person presently committed
professional person of his choice. If the petitioner is in- from exercising a right presently available to him for
digent, and he so requests, the court shall appoint a obtaining release from confinement, including
the right
qualified expert or professional person to examine him. to petition for a writ of habeas corpus. [19731st ex.. c
The hearing shall be before a jury if demanded by either 117 § 24.1
the petitioner or the prosecuting attorney. The burden of
proof shall be upon the petitioner to show by a prepon- 10.77.250 Responsibility for
derance of the-evidence that the petitioner may be fi- ment. Notwithstanding anyprovision s of ReiRevi se-
nally discharged without substantial danger to other Code of Washington to the contrary, the department
the Revised ,
persons, or presents a substantial likelihood of commit shall be responsible for all costs relating to the evalua-
ting felonious acts jeopardizing public safety or security, tion and treatment of persons committed to it pursuant
unless kept under further control ,by the court or other to any provisions of this chapter, and the logistical
persons gr institutions. and
ve
(3) Nothing contained in this chapter shall prohibit -may beiobtai edebypining theadepartmenttpurssuantbtosRCW
the patient from petitioning the court for final discharge 71.02.380. [1973 1st ex.s. c 117 § 25.
or conditional release from the institution in which he or ]
she is committed. The issue to be determined on such �
proceeding is whether the petitioner is a substantial 10.77.900 Savings----Construction-1973 1st
danger to other persons, or presents a substantial likeli- ex.s. c 117. (1) Any acts done before July 1, 1973 and
hood of committing felonious acts jeopardizing public any proceedings then pending and any constitutional
safety or security, unless kept under further control b right or any action taken in any proceeding pending un-
the court or other persons or institutions. y der statutes in effect prior to July 1, 1973 are not im-
Nothing contained in this chapter shall prohibit the Paired by this chapter.
committed person from petitioning for release by writ of (2) This chapter shall also apply to persons commit-
habeas corpus. [1974 ex.s. c '198 § 16; 1973 1st ex.s. c ted under prior law as incompetent to stand trial or as
117 § 20.] being criminally insane and to any proceedings in court
then pending or .thereafter commenced regardless of
10.77.210 Right to adequate care and treatment when the proceedings were commenced, except to the
Records and reports to be 'kept—Availability. An extent that in the opinion of the court, the former pro-
person involuntarily detained, hospitalized, or comitted t ular case cedure ldinothe tinterest of austpel�orble in a par-
pursuant to the provisions of this chapter shall have the infeasibility of application of the procedures oft of
right to adequate care and individualized treatment. The chapter. [1973 1st Ms. c 117 § 26.1 his
1' de 10 RCW(1979 Ed.)_p 441
Searches And Seizures 10.79.050
10.77.910 Severability 1973 1st ex.s. c 117. If (3) To search for and seize any evidence material to
any provision of this act, or its application to any person the investigation or prosecution of any homicide or any
or circumstance is held invalid, the remainder of the act, felony.
or its application of the provision to other persons or (4) To search for and seize any instrument, apparatus
circumstances is not affected. [1973 1st ex.s. c 117 § or device used to obtain telephone or telegraph service in
27.1 violation of RCW 9.45.240. [1972 ex.s. c 75 § 2; 1969 c
83 § 1; 1949 c 86 § 1; Code 1881 § 986; 1873 p 216 §
10.77.920 Chapter successor to chapter 10.76 RCW. 154; 1854 p 101 § 2; Rem. Supp.1949 § 2238. Formerly
Sections I through 27 of this act shall constitute a new RCW 10.79.010, part.]
chapter in Title 10 RCW, and shall be considered the
successor chapter to chapter 10.76 RCW. [1973 1st ex.s. 10.79.020 To whom directed—Contents. All such
c 117 § 28.1 warrants shall be directed to the sheriff of the county, or
his deputy, or to any constable of the county, command-
10.77.930 Effective date 1973 1st ex.s. c 117. ing such officer to search the house or place where the
This act shall take effect on July 1, 1973. [1973 1st ex.s. stolen property or other things for which he is required
c 117 § 30.1 to search are believed to be concealed, which place and
property,or things to be searched for shall be designated
and described in the warrant, and to bring such stolen
Chapter 10.79 property or other things, when found, and the person in
SEARCHES AND SEIZURES whose possession the same shall be found, before the
magistrate who shall issue the warrant, or before some
Sections other magistrate or court having cognizance of the case.
10.79.010 Issuance of warrant for stolen property,etc. [Code 1881 § 969; 1873 p 216 § 155; 1854 p 101 § 3;
10.79.015 Other grounds for issuance of search warrant. RRS § 2239.1
10.79.020 To whom directed—Contents.
10.79.030 Execution of warrant—Disposition of property.
10.79.040 Search without warrant unlawful. 10.79.030 Execution of warrant Disposition of
10.79.045 Search without warrant unlawful—Penalty. property. When any officer in the execution of a search
10.79.050 Restoration of stolen property to owner—Duties of warrant shall find any stolen or embezzled property, or
officers.
Rules of court.Search and seizure—CrR 2.3;.ICrR 2.Jo. shall seize any other things for which a search is allowed
Alcoholic beverage control—Search and seizure: Chapter 66.32 by RCW 10.79.010 through 10.79.030, all the property
RCW. and things so seized, shall be safely kept by the direction
so long as shall be necessary
Controlled substances,search and seizure:RCW 69.50.509. of the Court of magistrate, g y
Seizures and disposition of gambling devices:RCW 9.46.230. for the purpose of being produced in evidence on any
trial, and as soon as may be afterwards, all such stolen
and mbezzled property shall be restored to the owner
a e
10.79.010 Issuance of warrant for stolen property, P P Y
etc. When complaint shall have been made on oath, to thereof, and all other things seized by virtue of such
any magistrate authorized to issue warrants in criminal warrant shall be returned to the owner thereof if such
cases, that personal property has been stolen or embez- may be legally done or shall be destroyed under direc-
zled, or obtained by false tokens or pretenses, and that tion of the court or magistrate. [1949 c 86 § 2; Code
the complainant believes that it is concealed in any par- 1881 § 970; 1873 p 217 § 156; 1854 p 101 § 4; Rem.
ticular house or place, the magistrate, if he be satisfied Supp. 1949 § 2240.1
that there is reasonable cause for such belief, shall issue Rules of court. This section superseded by CrR 2.3. See comment
a warrant for such property. [Code 1881 § 967; 1873 p after CrR 2.3.
216 § 153; 1854 p 100 § 1; RRS § 2237. FORMER
PART OF SECTION: 1949 c 86 § 1; Code 1881 § 968; 10.79.040 Search without warrant unlawful. It shall
1873 p 216 § 154; 1854 p 100 § 2; Rem. Supp. 1949 § be unlawful for any policeman or other peace officer to
2238, now codified as RCW 10.79.015.] enter and search any private dwelling house or place of
Rules of court. This section superseded by CrR 2.3. See comment residence without the authority of a search warrant is-
after CrR 2.3. sued upon a complaint as by law provided. [1921 c 71 §
1; RRS § 2240-1. FORMER PART OF SECTION:
10.79.015 Other grounds for issuance of search war- 1921 c 71 § 2; RRS § 2240-2, now codified as RCW
rant. Any such magistrate, when satisfied that there is 10.79.045.1
reasonable cause, may also, upon like complaint made
on oath, issue search warrant in the following cases, to 10.79.045 Search without warrant unlawful
wit: Penalty. Any policeman or other peace officer violating
(1) To search for and seize any counterfeit or spurious the provisions of RCW 10.79.040 shall be guilty of a
coin, or forged instruments, or tools, machines or mate- gross misdemeanor. [1921 c 71 § 2; RRS § 2240-2.
rials, prepared or provided for making either of them. Formerly RCW 10.79.040, part.]
(2) To search for and seize any gaming apparatus
used or kept, and to be used in any unlawful gaming 10.79.050 Restoration of stolen property to
house, or in any building, apartment or place, resorted to owner Duties of officers. All property obtained by
,for the purpose of unlawful gaming. larceny, robbery or burglary, shall be restored to the
[Title 10 RCW(1979 Ed.)--p 451
10.79.050 Title 10 RCW: Criminal Procedure
owner; and no sale, whether in good faith on the part of against the body of the defendant, who shall be commit.
_ the purchaser or not, shall divest the owner of his rights ted to jail, to be released as provided in this act, in com.
to such property; and it shall be the duty of the officer mittal for default to pay or secure the fine and costs.
who shall arrest any person charged as principal or ac- [Code 1881 § 1124; 1873 p 243 § 282; 1854 p 124 $
cessory in any robbery or larceny, to secure the property 146; RRS § 2205. Formerly RCW 10.82.020, part.]
alleged to have been stolen, and he shall be answerable
for the same, and shall annex a schedule thereof to his Reviser's note: "this act"apparently refers to" act to regulate the
practice and pleadings in prosecutions for crimes'
" first enacted
return of
the warrant.
Code 1881 851. 1 7 �'
83
[ § p 192 § Laws of 1854,page 100.
57;5 , 1854P 84 § 51• RRS 21
§ 2129.]
10.82.030 Commitment for failure to pay fine and
costs Execution against defendant's property
Chapter 10.82 Reduction by payment, labor or confinement. If any per.
COLLECTION AND DISPOSITION OF FINES AND son ordered into custody until the fine and costs ad.
COSTS judged against him be paid shall not, within five days,
pay, or cause the payment of the same to be made, the
Sections - clerk of the court shall issue a warrant to the sheriff
10.82.010 Execution for fines and costs. commanding him to imprison such defendant in the
10.82.020 Stay of execution for sixty days on recognizance. county jail until the amount of such fine and costs owing
10.82.025 Effect of recognizance—Execution of judgment af- are paid. Execution may at any time issue against the
ter sixty days. g
10.82.030 Commitment for failure to pay fine and costs— property of the defendant for that portion of such fine =_
Execution against defendant's property—Reduc- and costs not reduced by the application of this section.
tion by payment,labor or confinement. The amount of such fine and costs owing shall be the
10.82.040 Commitment for failure to pay fine and costs— whole of such fine and costs reduced by the amount of
Reduction f amount by performance fo labor. an portion thereof aid, and ten dollars for every day
10.82.070 Disposition of fines,fees,penalties and forfeitures. y P P
City, county,jail prisoners may be compelled to work:RCW 9.92- the defendant performs labor as provided in RCW 10-
.130,9.92140, 36.28.100. .82.040, and eight dollars for every day the defendant
Defendant liable for costs:RCW 10.64.015. does not perform such labor while imprisoned. [1967 c
Fine and costs—Collection procedure, liability for, commitment 200 § 4; 1891 c 28 § 84; 1883 p 38 § 1, part; Code 1881
for failure to pay,execution:RCW 10.01.160-10.01.180. § 1125; 1873 p 243 § 283; 1854 p 124 § 147; RRS §
Jury fee disposition:RCW 10.46190. 2206. Formerly RCW 10.82.030 and 10.82.050.1
Payment of line and costs in installments: RCW 9.92.070, Severabili 8
10.01.170. ty-1967 c 200:See note following RCW 9.45.122.
Commitment until fines and costs are paid.RCW 10.70.010.
a
10.82.010 Execution for fines and costs. Upon Fine and costs, liability of defendant, collection procedure, con-
e tempt, commitment,execution:RCW 10.01.160-10.01.180.
judgment for fine and costs, and for all adjudged costs,
execution shall be issued against the property of the de- 10.82.040 Commitment for failure to pay fine and k
fendant, and returned in the same manner as in civil ac- costs—Reduction of amount by performance of labor.
tions. [Code 1881 § 1120; 1873 p 242 § 278; 1854 p 123 When a defendant is committed to jail, on failure to pay
§ 142; RRS § 2201.1 any fines and costs, he shall, under the supervision of the
Judgments a lien on realty:RCW 10.64.080. county sheriff and subject to the terms of any ordinances
adopted by the county commissioners, be permitted to
10.82.020 Stay of execution for sixty days on recog- perform labor to reduce the amount owing of the fine
nizance. Every defendant against whom a judgment has and costs. [1967 c 200 § 5; 1883 p 38 § 1, part; Code
been rendered for fine and costs, may stay the execution 1881 § 1129; 1877 p 206 § 8; 1873 p 243 § 287; 1854 p
for the fine assessed and costs for sixty days from the 124 § 151; RRS § 2209, part.]
rendition of the judgment, by procuring one or more Severability-1%7 c 200:See note following RCW 9.45.122.
sufficient sureties, to enter into a recognizance in open
court, acknowledging themselves to be bail for such fine 10.82.070 Disposition of fines, fees, penalties and
and costs. [Code 1881 § 1123; 1873 p 242 § 281; 1854 p forfeitures. Except as otherwise provided by law, all
124 § 145; RRS § 2204. FORMER PART OF SEC- sums of money derived from fines imposed for violation
TION: Code 1881 § 1124; 1873 p 243 § 282; 1854 p of orders of injunction, mandamus and other like writs,
124 § 146; RRS § 2205, now codified as RCW or for contempt of court, and the net proceeds of all
10.82.025.] fines collected within the several counties of the state for
breach of the penal laws, and all funds arising from the
10.82.025 Effect of recognizance Execution of sale of lost goods and estrays, and from penalties and
judgment after sixty days. Such sureties shall be ap- forfeitures, shall be paid in cash by the person collecting
proved by the clerk, and the entry of the recognizance the same, within twenty days after the collection, to the
shsll be written immediatelyy-following the judgment, county treasurer of the county in which the same have
and signed by the bail, and shall have the same effect as accrued, and shall be by him transmitted to the state
a judgment, and if the fine or costs be not paid at the treasurer, for deposit in the general fund: Provided, That
expiration of the sixty days, a joint execution shall issue all fees, fines, forfeitures and penalties collected or as-
against the defendant and the bail, and an execution sessed by a justice court because of the violation of a
1'1•itle 10 RCW(1979 Ed.)—p 461
I
Uniform Criminal Extradition Act 10.88.200
statc law shall be remitted as provided in chapter 3.62 10.85.900 Severability 1979 1st ex.s. c 53. If any
RCW as now exists or is later amended. [1969 ex.s. c provision of this act or its application to any person or
199$ 11; 1967 c 122 § 1; 1965 c 158 § 16; 1919 c 30 § circumstance is held invalid, the remainder of the act or
1; 1909 p 323 § 9; 1897 c 118 § 113; 1895 c 68 § 1; the application of the provision to other persons or cir-
jg90 p 383 § 89; 1886 p 20 § 58; Code 1881 § 3211; cumstances is not affected. [1979 1st ex.s. c 53 § 6.1
X873 p 421 § 3; RRS § 4940. Formerly codified as
RCW 9.01.140.1
Chapter 10.88
UNIFORM CRIMINAL EXTRADITION ACT
Chapter 10.85
REWARDS Sections
10.88.200 Definitions.
sections 1088.220
Authority of governor.
10.88.220 Demand for extradition—Requirements.
10.85.030 Rewards by county legislative authorities authorized. - 10.88.230 Investigation of demand—Report.
10.85.040 Conflicting claims. 10.88.240 Return or surrender of person charged in another
10.85.050 Payment of rewards. state.
10.85.900 Severability-1979 ist ex.s.c 53. 10.88.250 Surrender of person charged with crime committed in
Offer of rewards by governor:RCW 43.06.010(8). state other than demanding state.
convicts:RCW 72.08.170. 10.88.260 Warrant of arrest.
Reward for escaped co person under warrant.
10.88.270 Authority of officer or other pe
10.88.280 Authority to command assistance.
10.85.030 Rewards by county legislative authorities 10.88.290 Rights of person arrested.
authorized.The legislative authority of any county in the 10.88.300 Delivery of person in violation of RCW 10.88-
state, when in its opinion the public good requires it, is •290--Penalty.
10.88.310 Confinement of prisoner.
hereby authorized to offer and pay a suitable reward, 10.88.320 Charge or complaint—Warrant of arrest.
not to exceed five hundred dollars in any one case, to 10.88.330 Arrest without warrant.
any person or persons for information leading to: 10.88.340 Preliminary examination—Commitment.
(a) The arrest of a specified person or persons con- 10.88.350 Bail.
10.88.360 Failure to make timely arrest or demand for
victed of of charged with any criminal offense; or extradition.
(b) The arrest and conviction of a person or persons 10.88.370 Failure to appear—Bond forfeiture—Arrest—
committing a specified criminal offense. Recovery on bond.
In the event of crimes against county property, in- 10.88.380 Pending criminal prosecution in this state.
10.88.390 Recall or reissuance of warrant.
cluding but not limited to road signs, vehicles, buildings, 10.88.400 Demand by governor of this state for extradition—
or any other type of county property, the legislative au- Warrant—Agent.
thority of any county may offer and pay a suitable re- 10.88.410 Application for requisition for return of person—
ward, not to exceed two hundred fifty dollars in any one Contents—Affidavits—Copies.
10.88.420 Civil process—Service on extradited person.
case, to any pergon or persons who shall furnish infor- 10.88.430 Waiver of extradition.
mation leading to the arrest and conviction of any per- 10.88.440 Rights,powers,privileges or jurisdiction of state not
son- of any offense against this county property, waived•
including but not limited to those offenses set forth in 10.88.450 Trial for other crimes.
RCW 9A.48.070 through 9A.48.090, whether or not the 10.88.460 Extradition or surrender of obligor—Uniform re-
g ciprocal enforcement of support act.
offense is a felony, gross misdemeanor, or misdemeanor. 10.88.900 Construction-1971 ex.s.c 46.
[1979 1st ex.s. c 53 § 1; 1975-76 2nd ex.s. c 25 § 1; 10.88.910 Short title.
1886 p 124 § 1; RRS § 2249.] 10.88.920 Effective date 1971 ex.s.c 46.
10.88.930 Severability-1971 ex.s.c 46.
Fugitives of this state:Chapter 10.34 RCW.
10.85.040 Conflicting claims. When more than one Interstate compact on juveniles:Chapter 13.24 RCW.
claimant applies for the payment of any reward, offered Return of parole violators from without state: RCW 9.95.280
by any county legislative authority, the county legislative through 9.95.300.
authority shall determine to whom the same shall be
paid, and if to more than one person, in what proportion 10.88.200 Definitions. Where appearing in this
to each; and their determination shall be final and con- chapter, the term "governor" includes any person per-
clusive. [1979 1st ex.s. c 53 § 2; 1886 p 124 § 3; RRS § forming the functions of governor by authority of the
2251.1 law of this state. The term "executive authority" in-
cludes the governor, and any person performing the
10.85.050 Payment of rewards. Whenever any re- functions of governor in a state other than this state, and
ward has been offered by any county legislative author- the term "state" referring to a state other than this state
ity in the state under RCW 10.85.030, the person or refers to any other state, or the District of Columbia, or
persons providing the information shall be entitled to the territory organized or unorganized of the United States
reward, and the county legislative authority which has of America. [1971 ex.s. c 46 § 1.]
offered the reward is authorized to draw a warrant or
Reviser's note: Throughout this chapter, the phrase "this act" has
warrants out of any money in the county treasury not
been changed to "this chapter". This act [1971 ex.s. c 46J consists of
otherwise appropriated. [1979 I st ex.s. c 53 § 3; 1886 p this chapter, to the 1971 amendment of RCW 26.21.050 and to the
124 § 2; RRS § 2250.] repeal of RCW 10.88.010-10.88.060.
+- [Title 10 RCW(1979 Ed."471
10.88.210 Title 10 RCW: Criminal Procedure
10.88.210 Authority of governor. Subject to the pro- of the state whose executive authorityis
making the de-
visions of this chapter, the provisions of the Constitution mand, even though such person left the demanding state
of the United States controlling, and any and all acts of involuntarily. [1971 ex.s. c 46 § 5.]
congress enacted in pursuance thereof, the governor of
this state may in his discretion have arrested and deliv- 10.88.250 Surrender of person charged with crime
ered up to the executive authority of any other state of committed in state other than demanding state. The
the United States any person charged in that state with governor of this state may also surrender, on demand of
treason,felony, or other crime, who has fled from justice the executive authority of any other state, any person in
and is found in:this state. [1971 ex.s. c 46 § 2.1 this state charged in such other state in the manner pro-
vided in RCW 10.88.220 with committing an act in this
10.88.220 Demand for extradition Requirements. state, or in a third state, intentionally resulting in a
No demand for the extradition of a person charged with crime in the state whose executive authority is making
crime in another state shall be recognized by the gover- the demand, and the provisions of this chapter not
nor unless in writing alleging, except in cases arising otherwise inconsistent, shall apply to such cases, even
under RCW 10.88.250, that the accused was present in though the accused was not in that state at the time of
the demanding state at the time of the commission of the commission of the crime, and has not fled therefrom.
the alleged crime, and that thereafter he fled from the [1971 ex.s. c 46 § 6.1
state, and accompanied by a copy of an indictment
found or by information supported by affidavit in the 10.88.260 Warrant of arrest. If the governor decides
state having jurisdiction of the crime, or by a copy of an that the demand should be complied with, he shall sign a
affidavit made before a magistrate there, together with a warrant of arrest, which shall be sealed with the state ,
copy of any warrant which was issued thereupon; or by a seal, and be directed to any peace officer or other person
copy of a judgment of conviction or of a sentence im- whom he may think fit to entrust with the execution g.
posed in execution thereof, together with a statement by thereof. The warrant must substantially recite the facts
the executive authority of the demanding state that the necessary to the validity of its issuance. [1971 ex.s. c 46
person claimed has escaped from confinement or has § 7•1
broken the terms of his bail, probation or parole. The
indictment,"information, or affidavit made before the 10.88.270 Authority of officer or other person under
magistrate must substantially charge the person de- warrant. Such warrant shall authorize the peace officer [
manded with having committed a crime under the law of or other person to whom directed to arrest the accused
that state; and the copy of indictment, information, affi- at any time and any place where he may be found within
davit,judgment of conviction or sentence must be certi- the state and to command the aid of all peace officers or
fied or authenticated by the executive authority making other persons in the execution of the warrant, and to de-
the demand. [1971 ex.s. c 46 § 3.] liver the accused, subject to the provisions of this chap-
ter to the duly authorized agent of the demanding state.
10.88.230 Investigation of demand Report. When
[1971 ex.s. c 46 § 8.]
a demand shall be made upon the governor of this state q
by the executive authority of another state for the sur- 10.88.280 Authority to command assistance. Every
render of a person so charged with crime, the governor such peace officer or other person empowered to make
may call upon the attorney general or any prosecuting the arrest, shall have the same authority, in arresting the
officer in this state to investigate or assist in investigat- accused, to command assistance therein, as peace offi-
cers have by law in the execution of any criminal process
ing the demand, and to report to him the situation and �
circumstances of the person so demanded, and whether directed to them, with like penalties against those who
he ought to be surrendered. [1971 ex.s. c 46 § 4.1 refuse their assistance. [1971 ex.s. c 46 § 9.] £
10.88.290 Rights of person arrested. No person ar- {
10.88.240 Return or surrender of person charged in rested upon such warrant shall be delivered over to the +
another state. When it is desired to have returned to this agent whom the executive authority demanding him
state a person charged in this state with a crime, and F
p g shall have appointed to receive him unless he shall first
such person is imprisoned or is held under criminal pro- be taken forthwith before a judge of a court of record in
ceedings then pending against him in another state, the this state, who shall inform him of the demand made for
governor of this state may agree with the executive au- his surrender and of the crime with which he is charged,
thority of such other state for the extradition of such and that he has the right to demand and procure legal
person before the conclusion of such proceedings or his counsel; and if the prisoner or his counsel shall state that
term of sentence in such other state, upon condition that he or they desire to test the legality of his arrest, the
such person be returned to such other state at the ex- judge of such court of record shall fix a reasonable time
pense of this state as soon as the prosecution in this state to be allowed him within which to apply for a writ of
is terminated. habeas corpus. When such writ is applied for, notice
The governor of this state may also surrender on de- thereof, and of the time and place of hearing thereon,
mand of the executive authority of any other state any shall be given to the prosecuting officer of the county in
person in this state who is charged in the manner pro- which the arrest is made and in which the accused is in
vided in RCW 10.88.410 with having violated the laws custody, and to the said agent of the demanding state:
(Title 10 RCW(1979 Ed.}--p 481
3
f
Uniform Criminal Extradition Act 10.88.340
Provided, That the hearing provided for in this section crime, and, except in cases arising under RCW 10.88-
shall not be available except as,may be constitutionally .250, has fled from justice, or with having been con-
required if a hearing on the legality of arrest has been victed of a crime in that state and having escaped from
held pursuant to RCW 10.88.320 or 10.88.330. [1971 confinement, or having broken the terms of his bail,
ex.s.c 46 § 10.1 probation or parole and is believed to be in this state, the
judge or magistrate shall issue a warrant directed to any
10.88.300 Delivery of person in violation of RCW peace officer commanding him to apprehend the person
10.88.290—Penalty. Any officer who shall deliver to named therein, wherever he may be found in this state,
the agent for extradition of the demanding state a per- and to bring him before the same or any other judge,
son in his custody under the governor's warrant, in wilful magistrate or court who or which may be available in or
disobedience to RCW 10.88.290, shall be guilty of a convenient of access to the place where the arrest may
gross misdemeanor and, on conviction, shall be impris- be made, to answer the charge or complaint and affida-
oned in the county jail for not more than one year, or be vit, and a certified copy of the sworn charge or com-
fined not more than one thousand dollars, or both. [1971 plaint and affidavit upon which the warrant is issued
ex.s. c 46 § 11.1 shall be attached to the warrant. [1971 ex.s. c 46 § 13.1
10.88.330 Arrest without warrant. (1) The arrest of
10.88.310 Confinement of prisoner. The officer or a person may be lawfully made also by any peace officer
persons executing the governor's warrant of arrest, or or a private person, without a warrant upon reasonable
the agent of the demanding state to whom the prisoner information that the accused stands charged in the
may have been delivered may, when necessary, confine courts of a state with a crime punishable by death or
the prisoner in the jail of any county or city through imprisonment for a term exceeding one year, but when
which he may pass; and the keeper of such jail must re- so arrested the accused must be taken before a judge or
ceive and safely keep the prisoner until the officer or magistrate with all practicable speed and complaint
person having charge of him is ready to proceed on his must be made against him under oath setting forth the
route, such officer or person being chargeable with the ground for the arrest as in RCW 10.88.320; and there-
expense of keeping. after his answer shall be heard as if he had been arrested
The officer or agent of a demanding state to whom a on a warrant.
prisoner may have been delivered following extradition (2) An officer of the United States customs service or
proceedings in another state, or to whom a prisoner may the immigration and naturalization service may, without
have been delivered after waiving extradition in such a warrant, arrest a person if:
other state, and who is passing through this state with (a) The officer is on duty;
such a prisoner for the purpose of immediately returning (b) One or more of the following situations exists:
such prisoner to the demanding state may, when neces- (i) The person commits an assault or other crime in-
sary, confine the prisoner in the jail of any county or volving physical harm, defined and punishable under
city through which he may pass; and the keeper of such chapter 9A.36 RCW, against the officer or against any
jail must receive and safely keep the prisoner until the other person in the presence of the officer;
officer or agent having charge of him is ready to proceed (ii) The person commits an assault or related crime
on .his route, such officer or agent, however, being while armed, defined and punishable under chapter 9.41
chargeable with the expense of keeping: Provided, how- RCW, against the officer or against any other person in
ever, That such officer or agent shall produce and show the presence of the officer;
to the keeper of such jail satisfactory written evidence of (iii) The officer has reasonable cause to believe that a
the fact that he is actually transporting such prisoner to crime as defined in (b) (i) or (ii) of this subsection has
the demanding state after a requisition by the executive been committed and reasonable cause to believe that the
authority of such demanding state. Such prisoner shall person to be arrested has committed it;
not be entitled to demand a new requisition while in this (iv) The officer has reasonable cause to believe that a
state. [1971 ex.s. c 46 § 12.] felony has been committed and reasonable cause to be-
lieve that the person to be arrested has committed it; or
10.88.320 Charge or complaint Warrant of ar- (v) The officer has received positive information by
rest. Whenever any person within this state shall be written, telegraphic, teletypic, telephonic, radio, or other
charged on the oath of any credible person before any authoritative source that a peace officer holds a warrant
judge or magistrate of this state with the commission of for the person's arrest; and
any crime in any other state and, except in cases arising (c) The regional commissioner of customs certifies to
under RCW 10.88.250, with having fled from justice, or the state of Washington that the customs officer has re-
with having been convicted of a crime in that state and ceived proper training within the agency to enable that
having escaped from confinement, or having broken the officer to enforce or administer this subsection. [1979
terms of his bail, probation or parole, or whenever com- 1st ex.s. c 244 § 16; 1971 ex.s. c 46 § 14.]
plaint shall have been made before any judge or magis- Effective date-1979 1st exs.c 244:See RCW 9A.44.902.
trate in this state setting forth on the affidavit of any
credible person in another state that a crime has been 10.88.340 Preliminary examination---Commitment.
committed in such other state and that the accused has If from the examination before the judge or magistrate
been charged in such state with the commission of the it appears that the person held is the person charged
a [Title 10 RCW(1979 Ed.)--p 49)
10.88.3 40 TitleCriminal Procedure
with having committed the crime alleged and, except in 10.88.390 Recall or reissuance of warrant. The
cases arising under RCW 10.88.250, that he has fled governor may recall his warrant of arrest or may issue
from justice, the judge or magistrate must, by a warrant another warrant whenever he deems proper. [1971 ex.s.
reciting the accusation, commit him to the county jail c 46 § 20.1
for such a time not exceeding thirty days and specified
in the warrant, as will enable the arrest of the accused to 10.88.400 Demand by governor of this state for ex.
be made under a warrant of the governor on a requisi- tradition—Warrant Agent. Whenever the gover.
tion of the executive authority of the state having juris- nor of this state shall demand a person charged with
diction of the offense, unless the accused give bail as crime or with escaping from confinement or breaking
provided in RCW 10.88.350, or until he shall be legally the terms of his bail, probation or parole in this state,
discharged. [1971 ex.s. c 46 § 15.] from the executive authority of any other state, or from
the appropriate authority of the District of Columbia
10.88.350 Bail. Unless the offense with which the authorized to receive such demand under the laws of the
prisoner is charged is shown to be an offense punishable United States, he shall issue a warrant under the seal of
by death or life imprisonment under the laws of the state this state, to some agent, commanding him to receive the
in which it was committed, a judge or magistrate in this person so charged if delivered to him and convey him to
state may admit the person arrested to bail by bond, the proper officer of the county in this state in which the
with sufficient sureties, and in such sum as he deems offense was committed. [1971 ex.s. c 46 § 21.1
proper, conditioned for his appearance before him at a
time specified in such a bond, and for his surrender, to 10.88.410 Application for requisition for return of
be arrested upon the warrant of the governor of this person—Contents—Affidavits—Copies. (1) When
state. [1971 ex.s. c 46 § 16.] the return to this state of a person charged with crime in
this state is required, the prosecuting attorney shall
present to the governor his written application for a req-
10.88.360 Failure to make timely arrest or demand uisition for the return of the person charged, in which
for extradition. If the accused is not arrested under war-
application shall be stated the name of the person so
rant of the governor by the expiration of the time speci- charged, the crime charged against him, the approxi-
Pied in the warrant or bond, a judge or magistrate may mate time, place and circumstances of its commission,
discharge him or may recommit him for a further period the state in which he is believed to be, including the lo-
not to exceed sixty days, or a judge or magistrate judge cation of the accused therein at the time the application 1
may again take bail for his appearance and surrender, as is made and-certifying that, in the opinion of the said
provided in RCW 10.88.350, but within a period not to prosecuting attorney the ends of justice require the ar-
exceed sixty days after the date of such new bond: Pro- rest and return of the accused to this state for trial and
vided, That the governor may, except in cases in which that the proceeding is not instituted to enforce a private
the offense is punishable under laws of the demanding claim.
state by death or life imprisonment, deny a demand for (2) When the return to this state is required of a per-
extradition when such demand is not received by the son who has been convicted of a crime in this state and
governor before the expiration of one hundred twenty has escaped from confinement or broken the terms of his w
days from the,date of arrest in this state of the alleged bail, probation or parole, the prosecuting attorney of the
fugitive, in the absence of a showing of good cause for county in which the offense was committed, the parole
such delay. [1971 ex.s. c 46 § 17.] board, or the warden of the institution or sheriff of the
county, from which escape was made, shall present to
10.88.370 Failure to appear Bond forfeiture— the governor a written application for a requisition for
Arrest Recovery on bond. If the prisoner is admitted the return of such person, in which application shall be
to bail, and fails to appear and surrender himself ac- stated the name of the person, the crime of which he was
cording to the conditions of his bond, the judge, or mag- convicted, the circumstances of his escape from confine-
istrate by proper order, shall declare the bond forfeited ment or of the breach of the terms of his bail, probation
and order his immediate arrest without warrant if he be or parole, the state in which he is believed to be, includ-
within this state. Recovery may be had on such bond in ing the location of the person therein at the time appli-
the name of the state as in the case of other bonds given cation is made.
by the accused in criminal proceedings within this state. (3) The application shall be verified by affidavit, shall
y cc c 46 § 18.] be executed in duplicate and shall be accompanied by
two certified copies of the indictment returned, or infor-
mation and affidavit filed, or of the complaint made to
10.88.380 Pending criminal prosecution in this state. the judge or magistrate, stating the offense with which
If a criminal prosecution has been instituted against the accused is charged, or of the judgment of conviction
such person under the laws of this state and is still or of the sentence. The prosecuting officer, parole board,
,pending the governor, in his discretion, either may sur- warden or sheriff may also attach such further affidavits
render him on demand of the executive authority of an- and other documents in duplicate as he shall deem
other state or hold him until he has been tried and proper to be submitted with such application. One copy
discharged or convicted and punished in this state. [1971 of the application, with the action of the governor indi-
ex.s. c 46 § 19.] cated by endorsement thereon, and one of the certified
(Title 10 RCW(1979 Ed.)—p 501
Uniform Act on Fresh Pursuit 10.89.020
copies of the indictment, complaint, information, and 10.88.450 Trial for other crimes. After a person has
z affidavits, or of the judgment of conviction or of the been brought back to this state by, or after waiver of
sentence shall be filed in the office of the secretary of extradition proceedings, he may be tried in this state for
state to remain of record in that office. The other copies other crimes which he may be charged with having
of all papers shall be forwarded with the governor's req- tion for here
a s well 1971 as at ss c t46 § 26.ied in J a requisi-
uisition. [1971 ex.s. c 46 § 22.1 [
10.88.420 Civil process—Service on extradited 10.88.460 Extradition or surrender of obligor
person. A person brought into this state by, or after Uniform reciprocal enforcement of support act. See
waiver of, extradition based on a criminal charge shall Chapter 26.21 RCW.
not be subject to service of personal process in civil ac- 10.88.900 Construction 1971 ex.s. c 46. The
tions arising out of the same facts as the criminal pro-
ceeding to answer which he is being or has been provisions of this chapter shall be so interpreted and
returned, until he has been finally convicted in the crim- . construed as to effectuate its general purposes to make
inal proceeding, or, if acquitted, until he has had rea- uniform the law of those states which enact it, to the
sonable opportunity to return to the state from which he extent which it has been enacted by this state. [1971
was extradited. [1971 ex.s. c 46 § 23.] ex.s. c 46 § 27.]
10.88.430 Waiver of extradition. Any person ar- 10.88.910 Short title. RCW 10.88.200 through 10-
rested in this state charged with having committed any •88.450 shall be known and may be cited as the Uniform
crime in another state or alleged to have escaped from Criminal Extradition Act. [1971 ex.s. c 46 § 28.]
confinement, or broken the terms of his bail, probation 10.88.920 Effective date 1971 ex.s. c 46. This
or parole may waive the issuance and service of the act shall become effective on July 1, 1971. [1971 ex.s. c
warrant provided for in RCW 10.88.260 and 10.88.270 46 § 29.]
and all other procedure incidental to extradition pro-
ceedings, by executing or subscribing in the presence of 10.88.930 Severability 1971 ex.s. c 46. If any
a judge of any court of record within this state a writing provisions of this act or the application thereof to any
which states that he consents to return to the demanding person or circumstances is held invalid, such invalidity
state: Provided, however, That before such waiver shall shall not affect other provisions or applications of the act
be executed or subscribed by such person it shall be the which can be given effect without the invalid provision
duty of such judge to inform such person of his rights to or application, and to this end the provisions of this act
the issuance and service of a warrant of extradition and are declared to be severable. [1971 ex.s. c 46 § 32.1
to obtain a writ of habeas corpus as provided for in
RCW 10.88.290.
If and when such consent has been duly executed it Chapter 10.89
shall forthwith be forwarded to the office of the gover- UNIFORM ACT ON FRESH PURSUIT
nor of this state and filed therein. The judge shall direct
the officer having such person in custody to deliver
forthwith such person to the duly accredited agent or Sections
10.89.010 Authority of foreign peace officer.
agents of the demanding state, and shall deliver or cause 10.89.020 Preliminary examination by magistrate.
to be delivered to such agent or agents a copy of such 10.89.030 Construction as to lawfulness of arrest.
consent: Provided, however, That nothing in this section 10.89.040 "State" includes District of Columbia.
shall be deemed to limit the rights of the accused person 10.89.050 "Fresh pursuit" defined.
10.89.060 Duty to send copies to other states.
to return voluntarily and without formality to the de- 10.89.070 Severability-1943 c 261.
manding state, nor shall this waiver procedure be 10.89.080 Short title.
deemed to be an exclusive procedure or to limit the
powers, rights or duties of the officers of the demanding 10.89.010 Authority of foreign peace officer. Any
state or of this state. [1971 ex.s. c 46 § 24.1 member of a duly organized state, county or municipal
peace unit of another state of the United States who en-
10.88.440 Rights, powers, privileges or jurisdiction of ters this state in fresh pursuit, and continues within this
state not waived. Nothing in this chapter contained shall state in such fresh pursuit, of a person in order to arrest
be deemed to constitute a waiver by this state of its him on the ground that he is believed to have committed
right, power or privilege to try such demanded person a felony in such other state, shall have the same author-
for crime committed within this state, or of its right, ity to arrest and hold such person in custody as has any
power or privilege to regain custody of such person by member of any duly organized state, county or munici-
extradition proceedings or otherwise for the purpose of pal peace unit of this state, to arrest and hold in custody
trial, sentence or punishment for any crime committed a person on the ground that he is believed to have com-
within this state, nor shall any proceedings had under mitted a felony in this state. [1943 c 261 § 1; Rem.
this chapter which result in, or fail to result in, extradi- Supp. 1943 § 2252-1. Formerly RCW 10.88.070.1
tion be deemed a waiver by this state of any of its rights,
privileges or jurisdiction in any way whatsoever. [1971 10.89.020 Preliminary examination by magistrate. If
exs. c 46 § 25.1 an arrest is made in this state by an officer of another
' [Title 10 RCW(1979 Ed."511
10.89.020 Title 10 RCW: Criminal Procedure
state in accordance with therovisions of RCW 10.89- Chapter 10.91
P P
.010, he shall, without unnecessary delay, take the per- UNIFORM RENDITION OF ACCUSED PERSONS
son arrested before a magistrate of the county in which ACI'
the arrest was made, who shall conduct a hearing for the
purpose of determining the lawfulness of the arrest. If
the magistrate determines that the arrest was lawful, he sections
shall commit the arrested to await for a reason- 10.91.010 Arrest and return of released person charged in an-
shall other state—Violation of release conditions—
able time the issuance of an extradition warrant by the Request—Documents—Warrant—
governor of this state. If the magistrate determines that Investigation.
the arrest was unlawful, he shall discharge the person 10.91.020 Preliminary hearing—Waiver—Conditions of
arrested. 1943 c 261 2; Rem. Su 1943 2252-2. release.
[ § PP• § 10.91.030 Preliminary hearing—Investigation report—
Formerly RCW 10.88.080.] Findings—Order authorizing return.
10.91.040 "Judicial officer of this state', "judicial officer"
10.89.030 Construction as to lawfulness of arrest. defined.
RCW 10.89.010 shall not be construed so as to make 10.91.050 Costs.
- 10.91.900 Severability-1971 ex.s.c 17.
unlawful any arrest in this state which otherwise would 10.91.910 Construction-1971 ex.s.c 17.
be lawful. [1943 c 261 § 3; Rem. Supp. 1943 § 2252-3. 10.91.920 Short title.
Formerly RCW 10.88.100.]
10.89.040 "State" includes District of Columbia. For 10.91.010 Arrest and return of released person
the purpose of this chapter the word "state" shall in- charged in another state Violation of release condi-
clude the District of Columbia. [1943 c 261 § 4; Rem. tions—Request Documents Warrant In- i
Supp. 1943 § 2252-4. Formerly RCW 10.88.110.] vestigation. (1) If a person who has been charged with
crime in another state and released from custody prior to
10.89.050 "Fresh pursuit" defined. The term "fresh final judgment, including the final disposition of any ap-
pursuit" as used in this chapter, shall include fresh pur- Peal, is alleged to have violated the terms and conditions
suit as defined by the common law, and also the pursuit of his release, and is present in this state, a designated
of a person who has committed a felony or who reason- agent of the court, judge, or magistrate which author-
ably is suspected of having committed a felony. It shall ized the release may request the issuance of a warrant
also include the pursuit of a person suspected of having for the arrest of the person and an order authorizing his
committed a supposed felony, though no felony actually return to the demanding court,judge, or magistrate. Be-
has been committed, if there is reasonable ground for fore the warrant is issued, the designated agent must file
believing that a felony has been committed. Fresh pur- with a judicial officer of this state the following
suit as used herein shall not necessarily imply instant documents:
pursuit, but pursuit without unreasonable delay. [1943 c (a) an affidavit stating the name and whereabouts of
261 § 5; Rem. Supp. 1943 § 2252-5. Formerly RCW the person whose removal is sought, the crime with
10.88.090.] which the person was charged, the time and place of the
crime charged, and the status of the proceedings against
10.89.060 Duty to send copies to other states. Upon him;
the passage and approval by the governor of this chap- (b) a certified copy of the order or other document
ter, it shall be the duty of the secretary of state, or other specifying the terms and conditions under which the
officer, to certify a copy of this chapter to the executive person was released from custody; and
department of each of the states of the United States. (c) a certified copy of an order of the demanding
[1943 c 261 § 6; Rem. Supp. 1943 § 2252-6.] court, judge, or magistrate stating the manner in which
the terms and the conditions of the release have been vi-
10.89.070 Severability 1943 c 261. If any part of olated and designating the affiant its agent for seeking [
this chapter is for any reason declared void, it is.de- removal of the person.
clared to be the intent of this chapter that such invalid- (2) Upon initially determining that the affiant is a
ity shall not affect the validity of the remaining portions designated agent of the demanding court, judge, or j
of this chapter. [1943 c 261 § 7 Rem. Supp. 1943 § magistrate, and that there is a probable cause for be-
2252-7•1 lieving that the person whose removal is sought has vio- ]
lated the terms or conditions of his release, the judicial
10.8 Short title. This chapter may be cited aofficer shall issue a warrant to a law enforcement officer
the "Uniform Act on Fresh Pursuit. [1943 c 261 § 8;; of this state for the person's arrest.
Rem. Supp. 1943 § 2252-8.] (3) The judicial officer shall notify the prosecuting
attorney of his action and shall direct him to investigate
the case to ascertain the validity of the affidavits and
' documents required by subsection (1) and the identity
f and authority of the affiant. [1971 ex.s. c 17 § 2.1
10.91.020 Preliminary hearing—Waiver--Con-
ditions of release. (1) The person whose removal is
(Title 10 RCW(1979 Ed."521
Death Penalty 10.94.020
sought shall be brought before the judicial officer with- Chapter 10.94
out unnecessary delay upon arrest pursuant to the war- DEATH PENALTY
rant; whereupon the judicial officer shall set a time and
place for hearing, and shall advise the person of his right Sections
to have the assistance of counsel, to confront the wit- 10.94.010 Notice of intention—Filing required,when—
nesses against him, and to produce evidence in his own Service—Contents—Failure of as bar to
behalf at the hearing. request.
10.94.020 Special sentencing proceeding—Procedure.
(2) The person whose removal is sought may at this 10.94.030 Mandatory review of sentence by state supreme
time in writing waive the hearing and agree to be re- court—Procedures—Consolidation with appeal.
turned to the demanding court,judge, or magistrate. If a 10.94.900 Severability-1977 ex.s.c 206.
waiver is executed, the judicial officer shall issue an or-
der pursuant to RCW 10.91.030. 10.94.010 Notice of intention—Filing required,
(3) The judicial officer may impose conditions of re- when—Service—Contents—Failure of as bar to
lease authorized by the laws of this state which will rea- request. When a defendant is charged with the crime of
sonably assure the appearance at the hearing of the- murder in the first degree as defined in RCW
person whose removal is sought. [1971 ex.s. c 17 § 3.] 9A.32.030(1)(a), the prosecuting attorney or the prose-
cuting attorney's designee shall file a written notice of
10.91.030 Preliminary hearing Investigation re- intention to request a proceeding to determine whether
port—Findings---Order authorizing return. The or not the death penalty should be imposed when the
prosecuting attorney shall appear at the hearing and re- prosecution has reason to believe that one or more ag-
port to the judicial officer the results of his investigation. gravating circumstances, as set forth in RCW 9A.32.045
If the judicial officer finds that the affiant is a desig- as now or hereafter amended, was present and the pros-
nated agent of the demanding court, judge, or magis- ecution intends to prove the presence of such circum-
trate and that the person whose removal is sought was stance or circumstances in a special sentencing
released from custody by the demanding court,judge, or proceeding under RCW 10.94.020.
magistrate, and that the person has violated the terms or The notice of intention to request the death penalty
conditions of his release, the judicial officer shall issue must be served on the defendant or the defendant's at-
an order authorizing the return of the person to the cus- torney and filed with the court within thirty days of the
tody of the demanding court,judge, or magistrate forth- defendant's arraignment in superior court on the charge
with. [1971 ex.s. c 17 § 4.] of murder in the first degree. under RCW
9A.32.030(1)(a). The notice shall specify the aggravat-
ing circumstance or circumstances upon which the pros-
10.91.040 "Judicial officer of this state", "judicial ecuting attorney bases the request for the death penalty.
officer" defined. For the purpose of this chapter "judicial The court may, within the thirty day period upon good
officer of this state" and "judicial officer" mean a cause being shown, extend the period for the service and
"judge of the.superior court", or a "justice of the peace filing of notice.
of this state". [1971 ex.s. c 17 § 5.] If the prosecution does not serve and file written no-
tice of intent to request the death penalty within the
10.91.050 Costs. The costs of the procedures re- specified time the prosecuting attorney may not request
quired by this chapter shall be borne by the demanding the death penalty. [1977 ex.s. c 206 § 1.]
state,,except when the designated agent is not a public
official. In any case when the designated agent is not a 10.94.020 Special sentencing proceeding Proce-
public official, he shall bear the cost of such procedures. dure. (1) If notice of intention to request the death pen-
[1971 ex.s. c 17 § 9:1 alty has been served and filed by the prosecution in
accordance with RCW 10.94.010, then a special sen.-
10.91.900
en=10.91.900 Severability 1971 ex.s. c 17..If any tencing proceeding shall be held in the event the defend-
provision of this act or the application thereof to any ant is found guilty of murder in the first degree under
person or circumstance is held invalid, the invalidity RCW 9A.32.030(1)(a).
does not affect other provisions or applications of the act (2) If the prosecution has filed a request for the death
which can be given effect without the invalid provision penalty in accordance with RCW 10.94.010, and the
or application, and to this end the provisions of this act trial jury returns a verdict of murder in the first degree
are severable. [1971 ex.s. c 17 § 6.1 under RCW 9A.32.030(1)(a), then, at such time as the
verdict is returned, the trial judge shall reconvene the
10.91.910 Construction 1971 ex.s. c 17. This same trial jury to determine in a separate special sen-
chapter shall be so construed as to effectuate its general tencing proceeding whether there are one or more ag-
purpose to make uniform the law of those states which gravating circumstances and whether there are
enact it. [197.1 ex.s. c 17 § 7.] mitigating circumstances sufficient to merit leniency, as
provided in RCW 9A.32.045 as now or hereafter
amended, and to answer special questions pursuant to
10.91.920 Short title. This chapter may be cited as subsection (10) of this section. The special sentencing
the "Uniform Rendition of Accused Persons Act". [1971 proceeding shall be held as soon as possible following the
ex.s. c 17 8.] return of the jury verdict.
' [Title 10 RCW(1979 Ed.)--p 531
..
10.94.020 Title 10 RCW: Criminal Procedure
i
(3) At the commencement of the special sentencing If the jury answers both questions in the affirmative,
proceeding the judge shall instruct the jury as to the na- the defendant shall be sentenced pursuant to RCW
ture and purpose of the proceeding and as to the conse- 9A.32.040(1) as now or hereafter amended.
quences of its findings as provided in RCW 9A.32.040 If the jury answers either question in the negative the
as now or hereafter amended. defendant shall be sentenced pursuant to RCW
(4) In the special sentencing proceeding, evidence may 9A.32.040(2) as now or hereafter amended. [1977 ex.s.c
be presented relating to the presence of any aggravating 206 § 2.]
or mitigating circumstances as enumerated in RCW
9A.32.045 as now or hereafter amended. Evidence of 10.94.030 Mandatory review of sentence by state su-
aggravating circumstances shall be limited to evidence preme court—Procedures—Consolidation with ap-
relevant to those aggravating circumstances specified in peal. (1) Whenever the death penalty is imposed, and
the notice required by RCW 10.94.010. upon the judgment becoming final in the trial court, the
(5) Any relevant evidence which the court deems to sentence shall be reviewed on the record by the supreme
have probative value may be received regardless of its - court of Washington. The clerk of the trial court within
admissibility under usual rules of evidence: Provided, ten days after receiving the transcript, shall transmit the
That the defendant is accorded a fair opportunity to re- entire record and transcript to the supreme court of
but any hearsay statements: Provided further, That evi- Washington together with a notice prepared by the clerk
dence secured in violation of the Constitutions of the and a report prepared by the trial judge. The notice shall
United States_ or the state of Washington shall not be set forth the title and docket number of the case, the
admissible. name of the defendant and the name and address of the
(6) Upon the conclusion of the evidence, the judge
defendant's attorney, a narrative statement of the judg-
ment, the offense, and the punishment prescribed. The
shall give the jury appropriate instructions and the pros- report shall be in the form of a standard questionnaire
ecution and the defendant or defendant's counsel shall prepared and supplied by the supreme court of
be permitted to present argument. The prosecution shall Washington.
open and conclude the argument to the jury. (2) The supreme court of Washington shall consider
(7) The jury shall then retire to deliberate. Upon the punishment as well as any errors enumerated by way
reaching a decision, the jury shall specify each aggra- of appeal.
vating circumstance that it unanimously determines to (3) With regard to the sentence, the court shall
have been established beyond a reasonable doubt. In the determine:
event the jury finds no aggravating circumstances the (a) Whether the evidence supports the jury's findings;
defendant shall be sentenced pursuant to RCW and
9A.32.040(3) as now or hereafter amended. (b) Whether the sentence of death is excessive or dis-
(8) If the jury finds there are one or more aggravating proportionate to the penalty imposed in similar cases,
circumstances it.must then decide whether it is also considering both the crime and the defendant.
unanimously convinced beyond a reasonable doubt there (4) Both the defendant and the state shall have the
are not sufficient mitigating circumstances to merit le- right to submit briefs within the time provided by the
niency. If the jury makes such a finding, it shall proceed court, and to present oral argument to the court.
to answer the special questions submitted pursuant to (5) The court shall include in its decision a reference
subsection(10) of this section. to those similar cases which it took into consideration. In
(9) If the jury finds there are one or more aggravating addition to its authority regarding correction of errors,
circumstances but fails to be convinced beyond a rea- the court, with regard to review of death sentences, shall
sonable doubt there are not sufficient mitigating cir- be authorized to:
cumstances to merit leniency the defendant shall be (a) Affirm the sentence of death; or
sentenced pursuant to RCW 9A.32.040(2) as now or (b) Set the sentence aside and remand the case for
hereafter amended. resentencing by the trial judge based on the record and
(10) If the jury finds that there are one or more ag- argument of counsel. The records of those similar cases
gravating circumstances and is unanimously convinced referred to by the supreme court of Washington in its
beyond a reasonable doubt that there are not sufficient decision and the extracts prepared therefor shall be pro-
mitigating circumstances to merit leniency, the jury shall vided to the resentencing judge for the judge's
answer the following questions: consideration.
(a) Did the evidence presented at trial establish the (6) The sentence review shall be in addition to direct
appeal, if taken, and the review and appeal shall be con-
guilt of the defendant with clear certainty? solidated for consideration. The court shall render its
(b) Are you convinced beyond a reasonable doubt that decision on legal errors enumerated, the factual substan-
there is a probability that the defendant would commit tiation of the verdict, and the validity of the sentence.
additional criminal acts of violence that would constitute [1977 ex.s. c 206 § 7.]
a continuing threat to society?
The state shall have the burden of proving each ques- 10.94.900 Severability 1977 ex.s. c 206. If any
tion and the court shall instruct the jury that it may not provision of this 1977 amendatory act, or its application
answer either question in the affirmative unless it agrees to any person or circumstance is held invalid, the re-
unanimously. _ mainder of the act, or the application of the provision to
[Title 10 RCW(1979 Ed.)--p 541
Washington State Criminal Records Privacy Act .10.97.030
other persons or circumstances is not affected. [1977 supervision, and release. The term includes information
ex.s. c 206 § 10.1 contained in records maintained by or obtained from
This applies to the amendments to RCW 9A.32.040, 9A.32.045, criminal justice agencies, other than courts, which re-
7h pp vide individual identification of a person to-
cords provide
9A.31.046, and 9A.32.047 and to RCW 9.01.100, 10.94.010, 10.94- p
.0201 10.94.030,and 10.94.900 as enacted by 1977 ex.s.c 206. gether with any portion of the individual's record of
involvement in the criminal justice system as an alleged
or convicted offender, except:
Chapter 10.97 (a) Posters, announcements, or lists for identifying or
WASHINGTON STATE CRIMINAL RECORDS apprehending fugitives or wanted persons;
PRIVACY ACT (b) Original records of entry maintained by criminal
justice agencies to the extent that such records are com-
sections piled and maintained chronologically and are accessible
10.97.010 Declaration of policy. only on a chronological basis;
10.97.020 Short title. (c) Court indices and records of public judicial pro-
10.97.030 Definitions. - ceedin s t decisions, and opinions, and information
10.97.040 Dissemination of information shall state disposition of g + courp i
charge—Current and complete information re- disclosed during public judicial proceedings;
quires—Exceptions. (d) Records of traffic violations which are not punish-
10.97.045 Disposition of criminal charge data to be furnished able by a maximum term of imprisonment of more than
agency initiating criminal history record and state
patrol. ninety days;
10.97.050 Unrestricted dissemination of certain informs- (e) Records of any traffic offenses as maintained by
cion—Dissemination of other information to cer- the department of licensing for the purpose of regulating
tain persons or for certain purposes—Records of the issuance, suspension, revocation, or renewal of driv-
dissemination,contents.
10.97.060 Deletion of certain information,conditions. ers' or other operators' licenses and pursuant to RCW
10.97.070 Discretionary disclosure of suspect's identity to 46.52.130 as now existing or hereafter amended;
victim. (f) Records of any aviation violations or offenses as
10.97.080 Inspection of information by subject—Limita-
tions—Rules governing—Challenge of records maintained by the department of transportation for the
and correction of information—Dissemination of purpose of regulating pilots or other aviation operators,
corrected information. and pursuant to RCW 47.68.330 as now existing or
10.97.090 Administration of act by state patrol—Powers and hereafter amended;
duties.
10.97.100 Fees for dissemination of information. (g) Announcements of executive clemency.
10.97.110 Action for injunction and damages for violation of (2) "Nonconviction data" consists of all criminal his-
chapter—Measure of damages—Action not to tory record information relating to an incident which has
affect criminal prosecution.
10.97.120 Penalty for violation of chapter—Criminal prosecu- not led to a conviction or other disposition adverse to the
tion not to affect civil action. subject, and for which proceedings are no longer actively
Division of criminal justice designated as state planning agency: pending. There shall be a rebuttable presumption that
RCW 43.06.330. proceedings are no longer actively pending if more than
one year has elapsed since arrest, citation, or service of
10.97.010 Declaration of policy. The legislature de- warrant and no disposition has been entered.
clares that it is the policy of the state of Washington to (3) "Conviction record" means criminal history record
provide for the completeness, accuracy, confidentiality, information relating to an incident which has led to a
and security of criminal history record information and conviction or other disposition adverse to the subject.
victim, witness, and complainant record information as (4) "Conviction or other disposition adverse to the
defined in this chapter. [1977 ex.s. c 314 § 1.] subject" means any disposition of charges, except a de-
cision not to prosecute, a dismissal, or acquittal: Pro-
10.97.020
ro10.97.020 Short title. This chapter may be cited as vided, however, That a dismissal entered after a period
the Washington State Criminal Records Privacy Act. of probation, suspension, or deferral of sentence shall be
[1977 ex.s. c 314 § 2.] considered a disposition adverse to the subject.
Reviser's note. The phrase "This 1977 amendatory act" has been (5) "Criminal justice agency" means: (a) A court; or
changed to 'This chapter". This 1977 amendatory act [1977 ex.s. c (b) a government agency which performs the adminis-
314] consists of chapter 10.97 RCW and of the amendments by 1977 tration of criminal justice pursuant to a statute or exec-
ex.s. c 314 of RCW 42.17.310, 43.43.705, 43.43.710, 43.43.730, and
a3.a3.sto. utive order and which allocates a substantial part of its
annual budget to the administration of criminal justice.
10.97.030 Definitions. For purposes of this chapter, (6) "The administration of criminal justice" means
the definitions of terms in this section shall apply. performance of any of the following activities: Detection,
(1) "Criminal history record information" means in- apprehension, detention, pretrial release, post–trial re-
formation contained in records collected by criminal jus- lease, prosecution, adjudication, correctional supervision,
tice agencies, other than courts, on individuals, other or rehabilitation of accused persons or criminal offen-
than juveniles, consisting of identifiable descriptions and ders. The term also includes criminal identification ac-
notations of arrests, detentions, indictments, informa- tivities and the collection, storage, dissemination of
tions, or other formal criminal charges, and any disposi- criminal history record information, and the compensa-
tion arising therefrom, including sentences, correctional tion of victims of crime.
' [Title 10 RCW(1979 Ed."551
10.97.030 Title 10 RCW: Criminal Procedure
(7) "Disposition" means the formal conclusion of a which time is of the essence and the identification sec.
criminal proceeding at whatever stage it occurs in the tion is technically or physically incapable of responding
criminal justice system. within the required time;
(8) "Dissemination" means disclosing criminal history (2) The full information requested and to be dissemi.
record information or disclosing the absence of criminal nated relates to specific facts or incidents which are
history record information to any person or agency out- within the direct knowledge of the agency which dis-
side the agency possessing the information, subject to seminates the information;
the following exceptions: (3) The full information requested and to be dissemi-
(a) When criminal justice agencies jointly participate nated is contained in a criminal history record informa-
in the maintenance of a single record keeping depart- tion summary received from the identification section by
ment as an alternative to maintaining separate records, the agency which is to make the dissemination not more
the furnishing of information by that department to per- than thirty days preceding the dissemination to be made;
sonnel of any participating agency . is not a (4) The statute, executive order, court rule, or court
dissemination; order pursuant to which the information is to be dissem-
(b) The. furnishing of information by any criminal -inated refers solely to information in the files of the
justice agency to another for the purpose of processing a agency which makes the dissemination;
matter through the criminal justice system, such as a (5) The information requested and to be disseminated
police department providing information to a prosecutor is for the express purpose of research, evaluative, or sta-
for use in preparing a charge, is not a dissemination; tistical activities to be based upon information main-
(c) The reporting of an event to a record keeping tained in the files of the agency or agencies from which
agency for the purpose of maintaining the record is not a the information is directly sought; or
dissemination. (6) A person who is the subject of the record requests
[1979 1st ex.s. c 36 § 1; 1979 c 158 § 5; 1977 ex.s. c the information and the agency complies with the re-
quirements in RCW 10.97.080 as now or hereafter
amended. [1979 1st ex.s. c 36 § 2; 1977 ex.s. c 314 § 4.]
10.97.040 Dissemination of information shall state 10.97.045 Disposition of criminal charge data to be
disposition of charge—Current and complete informa- furnished agency initiating criminal history record and
tion required Exceptions. No criminal justice agency state patrol. Whenever a court or other criminal justice
shall disseminate criminal history record information agency reaches a disposition of a criminal proceeding,
pertaining to an arrest, detention, indictment, informa- the court or other criminal justice agency shall furnish
tion, or other formal criminal charge made after the disposition data to the agency initiating the criminal
December 31, 1977, unless the record disseminated history record for that charge and to the identification
states the disposition of such charge to the extent dispo- section of the Washington state patrol as required under
sitions have been made at the time of the request for the RCW 43.43.745. [1979 1st ex.s. c 36 § 6.]
information: Provided, however, That if a disposition oc-
curring within ten days immediately preceding the dis- 10.97.050 Unrestricted dissemination of certain in-
semination has not been reported to the agency formation—Dissemination of other information to cer-
disseminating the criminal history record information, or tain persons or for certain purposes Records of
if information has been received by the agency within dissemination, contents. (1) Conviction records may be
the seventy–two hours immediately preceding the dis- disseminated without restriction.
semination, that information shall not be required to be (2) Any criminal history record information which
included in the dissemination: Provided further, That pertains to an incident for which a person is currently
when another criminal justice agency requests criminal being processed by the criminal justice system, including
history record information, the disseminating agency the entire period of correctional supervision extending
may disseminate specific facts and incidents which are through final discharge from parole, when applicable,
within its direct knowledge without furnishing disposi- may be disseminated without restriction.
tion data as otherwise required by this section, unless the (3) Criminal history record information which in-
disseminating agency has received such disposition data cludes nonconviction data may be disseminated by a
criminal justice agency to another criminal justice
from either: (1) the state patrol, or (2) the court or other
agency for any purpose associated with the administra-
criminal justice agency required to furnish disposition tion of criminal justice, or in connection with the em-
data pursuant to RCW 10.97.045. ployment of the subject of the record by a criminal
.No criminal justice agency shall disseminate criminal justice or juvenile justice agency. A criminal justice
history record information which shall include informa- agency may respond to any inquiry from another crimi-
tion concerning a felony or gross misdemeanor without nal justice agency without any obligation to ascertain
fust making inquiry of the identification section of the the purpose for which the information is to be used by
Washington state patrol for the purpose of obtaining the the agency making the inquiry.
most current and complete information available, unless (4) Criminal history record information which in-
one or more of the following circumstances exists: cludes nonconviction data may be disseminated by a
(1) The information to be disseminated is needed for a criminal justice agency to implement a statute, ordi-
purpose in the administration of criminal justice for nance, executive order, or a court rule, decision,or order
4
(Tide 10 RCW(1979 Ed."561
Washington State Criminal Records Privacy Act 10.97.080
which expressly refers to records of arrest, charges, or offense for which a conviction was not obtained unless
allegations of criminal conduct or other nonconviction the defendant is a fugitive, or the case is under active
data and authorizes or directs that it be available or ac- prosecution according to a current certification made by
cessible for a specific purpose. the prosecuting attorney.
(5) Criminal history record information which in- Such criminal history record information consisting of
cludes nonconviction data may be disseminated to indi- nonconviction data shall be deleted upon the request of
viduals and agencies pursuant to a contract with a the person who is the subject of the record: Provided,
criminal justice agency to provide services related to the however, That the criminal justice agency maintaining
administration of criminal justice. Such contract must the data may, at its option, refuse to make the deletion
specifically authorize access to criminal history record if.
information,but need not specifically state that access to (1) The disposition was a deferred prosecution or
nonconviction data is included. The agreement must similar diversion of the alleged offender;
limit the use of the criminal history record_information (2) The person who is the subject of the record has
to stated purposes and insure the confidentiality and se- had a prior conviction for a felony or gross
curity of the information consistent with state law and - misdemeanor;
any applicable federal statutes and regulations. (3) The individual who is the subject of the record has
(6) Criminal history record information which in- been arrested for or charged with another crime during
cludes nonconviction data may be disseminated to indi- the intervening period.
viduals and agencies for the express purpose of research, Nothing in this chapter is intended to restrict the au-
evaluative, or statistical activities pursuant to an agree- thority of any court, through appropriate judicial pro-
ment with a criminal justice agency. Such agreement ceedings, to order the modification or deletion of a
must authorize the access to nonconviction data, limit record in a particular cause or concerning a particular
the use of that information which identifies specific in- individual or event. [1977 ex.s. c 314 § 6.]
dividuals to research, evaluative, or statistical purposes,
and contain provisions giving notice to the person or or-
10.97.070 Discretionary disclosure of suspects iden-
ganization to which the records are disseminated that tity to victim. (1) Criminal justice agencies may, in their
the use of information obtained therefrom and further discretion, disclose to persons who have suffered physical
dissemination of such information are subject to the loss, property damage, or injury compensable through
provisions of this chapter and applicable federal statutes civil action, the identity of persons suspected as being
and regulations, which shall be cited with express refer- responsible for such loss, damage, or injury together
ence to the penalties provided for a violation thereof. with such information as the agency reasonably believes
(7) Every criminal justice agency that maintains and may be of assistance to the victim in obtaining civil re-
disseminates criminal history record information must dress. Such disclosure may be made without regard to
maintain information pertaining to every dissemination whether the suspected offender is an adult or a juvenile,
of criminal history record information except a dissemi- whether charges have or have not been filed, or a prose-
nation to the effect that the agency has no record con- cuting authority has declined to file a charge or a charge
cerning an individual. Information pertaining to has been dismissed.
disseminations-shall include: (2) The disclosure by a criminal justice agency of in-
(a) An indication of to whom (agency or person) vestigative information pursuant to subsection (1) of this
criminal history record information was disseminated; section shall not establish a duty to disclose any addi-
(b) -The date on which the information was tional information concerning the same incident or make
disseminated; any subsequent disclosure of investigative information,
(c) The individual to whom the information relates; except to the extent an additional disclosure is compelled
and by legal process. [1977 ex.s. c 314 § 7.]
(d) A brief description of the information
disseminated. 10.97.080 Inspection of information by subject
The information pertaining to dissemination required Limitations Rules governing—Challenge of records
to be maintained shall be retained for a period of not and correction of information—Dissemination of Cor-
less than one year. [1977 ex.s. c 314 § 5.] rected information. All criminal justice agencies shall
permit an individual who is, or who believes that he may
10.97.060 Deletion of certain information, condi- be, the subject of a criminal record maintained by that
tions. Criminal history record information which consists agency, to appear in person during normal business
of nonconviction data only shall be subject to deletion hours of that criminal justice agency and request to see
from criminal justice agency files which are available the criminal history record information held by that
and generally searched for the purpose of responding to agency pertaining to the individual. The individual's
inquiries concerning the criminal history of a named or right to access and review of criminal history record in-
otherwise identified individual when two years or longer formation shall not extend to data contained in intelli-
have elapsed since the record became nonconviction data gence, investigative, or other related files, and shall not
as a result of the entry of a disposition favorable to the be construed to include any information other than that
defendant, or upon the passage of three years from the defined as criminal history record information by this
date of arrest or issuance of a citation or warrant for an chapter.
° [Title 10 RCW(1979 Ed.}-@ 571
10.97.080 Title 10 RCW: Criminal Procedure
Every criminal justice agency shall adopt rules and criminal history record information to agencies and per.
make available forms to facilitate the inspection and re- sons other than criminal justice agencies. [1977 ex.s. c
view of criminal history record information by the sub- 314 § 10.1
jects thereof, which rules may include requirements for
identification, the establishment of reasonable periods of 10.97.110 Action for injunction and damages for vio-
time to be allowed an individual to examine the record, lation of chapter Measure of damages—Action not
and for assistance by an individual's counsel, interpreter, to affect criminal prosecution. Any person may maintain
or other appropriate persons. an action to enjoin a continuance of any act or acts in
No person shall be allowed to retain or mechanically violation of any of the provisions of this chapter, and if
reproduce any nonconviction data except for the purpose injured thereby, for the recovery of damages and for the
of challenge or correction when the person who is the recovery of reasonable attorneys' fees. If, in such action,
subject of the record asserts the belief in writing that the the court shall find that the defendant is violating or has
information regarding such person is inaccurate or in- violated any of the provisions of this chapter, it shall en.
complete. The provisions of chapter 42.17-RCW shall join the defendant from a continuance thereof, and it
not be construed to require or authorize copying of -shall not be necessary that actual damages to the plain-
nonconviction data for any other purpose. tiff be alleged or proved. In addition to such injunctive
relief, the plaintiff in said action shall be entitled to re-
The Washington state patrol shall establish rules for cover from the defendant the amount of the actual dam-
the challenge of records which an individual declares to
be inaccurate or incomplete, and for the resolution of ages, if any, sustained by him if actual damages to the
disputes between individuals and criminal justice plaintiff are alleged and proved. In any suit brought to
any ienjoin a violation of this chapter, the prevailing party
agencies pertaining to the accuracy and completeness of
cmay be awarded reasonable attorneys' fees, including
criminal history record information. The Washington )
fees incurred upon appeal. Commencement, pendency,
state patrol shall also adopt rules for the correction of or conclusion of a civil action for injunction or damages
criminal history record information and the dissemina- shall not affect the liability of a person or agency to
tion of corrected information to agencies and persons to criminal prosecution for a violation of this chapter.
whom inaccurate or incomplete information was previ- (1979 1st ex.s. c 36 § 5; 1977 ex.s. c 314 § 11.1
ously disseminated. Such rules may establish time limi-
tations of not less than ninety days upon the requirement 10.97.120 Penalty for violation of chapter
for disseminating corrected information. [1979 1st ex.s. Criminal prosecution not to affect civil action. Violation
c 36 § 3; 1977 ex.s. c 314 § 8.1 of the provisions of this chapter shall constitute a misde-
meanor, and any person whether as principal, agent, of-
10.97.090 Administration of act by state patrol ficer, or director for himself or for another person, or for
Powers and duties. The Washington state patrol is any firm or corporation, public or private, or any mu-
hereby designated the agency of state government re- nicipality who or which shall violate any of the provi-
sponsible for the administration of the 1977 Washington sions of this chapter shall be guilty of a misdemeanor for
State Criminal Records Privacy Act. The Washington each single violation. Any criminal prosecution shall not
state patrol may-adopt any rules and regulations neces- affect the right of any person to bring a civil action as
sary for the performance of the administrative functions authorized by this chapter or otherwise authorized by
plaw. [1977 ex.s. c 314 § 12.]
provided for in this chapter.
The Washington state patrol shall have the following
specific administrative duties: Chapter 10.99
(1) To establish by rule and regulation standards for
the security of criminal history information systems in DOMESTIC VIOLENCE--OFFICIAL RESPONSE
order that such systems and the data contained therein Sections
be adequately protected from fire, theft, loss, destruc- 10.99.010 Purpose--Intent.
tion, other physical hazard, or unauthorized access; 10.99.020 Definitions.
(2) To establish by rule and regulation standards for 10.99.030 Law enforcement officers—Training—Duty—
personnel employed by criminal justice of other state Arrest powers—offense reports—Transporta-
tion of victims—Records.
and local government agencies in positions with respon- 10.99.040 Restrictions upon and duties of court in domestic vio-
sibility for maintenance and dissemination of criminal lence actions.
'history record information; and 10.99.050 Sentence restricting contact with victim-Record-
(3) To contract with the Washington state auditor or victim-Record-
ing---Copy victim.
vi
10.99.060 Notification of victim of prosecution decision—
other public or private agency, organization, or individ- Description of procedures available to institute
ual to perform audits of criminal history record infor- criminal proceedings.
mation systems. [1979 I st ex.s. c 36 § 4; 1977 ex.s. c 10.99.070 Liability of peace officers.
314 § 9.1 10.99.900 Severability-1979 1st ex.s.c 105.
10.99.010 Purpose Intent. The purpose of this
10.97.100 Fees for dissemination of information. chapter is to recognize the importance of domestic vio-
Criminal justice agencies shall be authorized to establish lence as a serious crime against society and to assure the
and collect reasonable fees for the dissemination of victim of domestic violence the maximum protection
}
(Title 10 RCW(1979 Ed.)_ 581
Domestic Violence--Official Response 10.99.040
s from abuse which the law and those who enforce the law relating to the handling of domestic violence complaints
can provide. The legislature finds that the existing crim- by law enforcement officers shall stress enforcement of
inal statutes are adequate to provide protection for vic- criminal laws in domestic situations, availability of com-
tims of domestic violence. However, previous societal munity resources, and protection of the victim. Law en-
attitudes have been reflected in policies and practices of forcement agencies and community organizations with
law enforcement agencies and prosecutors which have expertise in the issue of domestic violence shall cooper-
resulted in differing treatment of crimes occurring be- ate in all aspects of such training.
tween cohabitants and of the same crimes occurring be- (2) The primary duty of peace officers, when re-
tween strangers. Only recently has public perception of sponding to a domestic violence situation, is to enforce
the serious consequences of domestic violence to society the laws allegedly violated and to protect the complain-
and to the victims led to the recognition of the necessity ing party.
for early intervention by law enforcement agencies. It is (3)(a) When a peace officer responds to a domestic
the intent of the legislature that the official response to violence call and has probable cause to believe that a
cases of domestic violence shall stress the enforcement of crime has been committed, the peace officer may exer-
the laws to protect the victim and shall communicate the cise arrest powers with reference to the criteria in RCW
attitude that violent behavior is not excused or tolerated. 10.31.100. The officer shall notify the victim of the vic-
Furthermore, it is the intent of the legislature that crim- tim's right to initiate a criminal proceeding in all cases
inal laws be enforced without regard to whether the per- where the officer has not exercised arrest powers or de-
sons involved are or were married, cohabiting, or cided to initiate criminal proceedings by citation or
involved in a relationship. [1979 1st ex.s. c 105 § 1.] otherwise. The parties in such cases shall also be advised
of the importance of preserving evidence.
10.99.020 Definitions. Unless the context clearly re- (b) A peace officer responding to a domestic violence
quires otherwise, the definitions in this section apply call shall take a complete offense report including the
throughout this chapter. officer's disposition of the case.
(1) "Cohabitant" means a person who is married or (4) The peace officer may offer, arrange, or facilitate
who is cohabiting with a person as husband and wife at transportation for the victim to a hospital for treatment
the present time or at some time in the past. Any person of injuries or to a place of safety or shelter.
who has one or more children in common with another (5) The law enforcement agency shall forward the of-
person, regardless of whether they have been married or fense report to the appropriate prosecutor as soon as
lived together at any time, shall be treated as a practicable, if there is probable cause to believe that an
cohabitant. offense has been committed.
(2) "Domestic violence" includes but is not limited to (6) Each law enforcement agency shall make as soon
any of the following crimes when committed by one co- as practicable a written record and shall maintain re-
habitant against another: cords of all incidents of domestic violence reported to it.
(a) Assault in the first degree (RCW 9A.36.010); (7) Records kept pursuant to subsections (3) and (6)
(b) Assault in-the second degree (RCW 9A.36.020); of this section shall be made identifiable by means of a
(c) Simple assault (RCW 9A.36.040); departmental code for domestic violence. [1979 1st ex.s.
(d) Reckless endangerment (RCW 9A.36.050); c 105 § 3.1
(e) Coercion (RCW 9A.36.070);
(f) Burglary in the first degree (RCW 9A.52.020);
(g) Burglary in the second degree (RCW 9A.52.030); 10.99.040 Restrictions upon and duties of court in
(h) Criminal trespass in the first degree (RCW domestic violence actions. (1) Because of the serious na-
9A.52.070); ture of domestic violence, the court in domestic violence
(i) Criminal trespass in the second degree (RCW actions:
9A.52.080); (a) Shall not dismiss any charge or delay disposition
0) Malicious mischief in the first degree (RCW because of concurrent dissolution or other civil
9A.48.070); proceedings;
(k) Malicious mischief in the second degree (RCW (b) Shall not require proof that either party is seeking
9A.48.080); a dissolution of marriage prior to instigation of criminal
(1) Malicious mischief in the third degree (RCW proceedings;
9A.48.090); (c) Shall waive any requirement that the victim's lo-
(m) Kidnapping in the first degree (RCW cation be disclosed to any person, other than the attor-
9A.40.020); ney of a criminal defendant, upon a showing that there
(n) Kidnapping in the second degree (RCW 9A.40- is a possibility of further violence: PROVIDED, That
.030); and the court may order a criminal defense attorney not to
(o) Unlawful imprisonment (RCW 9A.40.040). disclose to his client the victim's location; and
(3) "Victim" means a cohabitant who has been sub- (d) Shall identify by any reasonable means on docket
jected to domesiic violence. [1979 1st ex.s. c 105 § 2.] sheets those criminal actions arising from acts of domes-
tic violence.
10.99.030 Law enforcement officers Train- (2) Because of the likelihood of repeated violence di-
ing Duty. Arrest powers—offense reports— rected at those who have been victims of domestic via
Transportation of victims Records. (1) All training lence in the past, when any defendant charged with a
[Title 10 RCW(1979 Ed.)—p 591
10.99.040 Title 10 RCW: Criminal Procedure
crime involving domestic violence is released from cus-
tody before trial on bail or personal recognizance, the
court authorizing the release may prohibit the defendant
from having any contact with the victim. Wilful viola-
tion of a court order issued under this section is a mis-
demeanor. The written order releasing the defendant
shall contain the court's directives and shall bear the
legend: Violation of this order is a criminal offense un-
der chapter 9A RCW and is also subject to civil con-
tempt proceedings. A certified copy of such order shall
be provided to the victim. [1979 1 st ex.s. c 105 § 4.1
10.99.050 Sentence restricting contact with vic-
tim}--Recording—Copy to victim. When a defend- ,
ant is found guilty of a crime and a condition of the
sentence restricts the defendant's ability to have contact
with the victim, such condition shall be recorded and a
written certified copy of that order shall be provided to
the victim. [1979 1st ex.s. c 105 § 5.1
10.99.060 Notification of victim of prosecution deci-
sion—Description of procedures available to institute
criminal proceedings. The public attorney responsible for
making the decision whether or not to prosecute shall
advise the victim of that decision within five days, and, {
prior to making that decision shall advise the victim,
upon the victim's request, of the status of the case. No-
tification to the victim that charges will not be filed shall
include a description of the procedures available to the
victim in that jurisdiction to initiate a criminal proceed-
ing. [1979 1st ex.s. c 105 § 6.]
10.99.070 Liability of peace officers. A peace officer
shall not be held liable in any civil action for an arrest
based on probable cause, enforcement in good faith of a
court order, or any other action or omission in good faith
under this chapter arising from an alleged incident of {
domestic violence brought by any party to the incident.
[1979 1st ex.s. c 105 § 7.]
10.99.900 Severability 1979 1st ex.s. c 105. If
any provision of this act or its application to any person
or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or
circumstances is not affected. [1979 1st ex.s. c 105 § 9.1
I
]
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Hills 10 RCW(1979 Ed.�_p 601