title: RCW 10.40.120

text:
If the demurrer is sustained because the indictment or information contains matter which is a legal defense or bar to the action, the judgment shall be final, and the defendant must be discharged.
[ 1891 c 28 s 56; Code 1881 s 1052; RRS s 2106. FORMER PART OF SECTION: 1891 c 28 s 61; Code 1881 s 1060; RRS s 2114, now codified as RCW 10.40.125.]

catchline: Sustaining demurrer—When final.


doc_type: statute

jurisdiction: wa

title: RCW 10.40.125

text:
The judgment for the defendant on a demurrer to the indictment or information, except where it is otherwise provided, or for an objection taken at the trial to its form or substance, or for variance between the indictment or information and the proof, shall not bar another prosecution for the same offense.
[ 1891 c 28 s 61; Code 1881 s 1060; RRS s 2114. Formerly RCW 10.40.120, part.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Sustaining demurrer, etc.—When not final.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 10.40.140

text:
If the demurrer is overruled the defendant has a right to put in a plea. If he or she fails to do so, judgment may be rendered against him or her on the demurrer, and, if necessary, a jury may be impaneled to inquire and ascertain the degree of the offense.
[ 2010 c 8 s 1040; Code 1881 s 1053; RRS s 2107.]

catchline: Overruling demurrer—Pleading over.


title: RCW 10.40.170

text:
The plea of guilty can only be put in by the defendant himself or herself in open court.
[ 2010 c 8 s 1041; Code 1881 s 1056; RRS s 2110. FORMER PART OF SECTION: Code 1881 s 1057; RRS s 2111, now codified as RCW 10.40.175.]

catchline: Plea of guilty.


title: RCW 10.40.180

text:
The plea of not guilty is a denial of every material allegation in the indictment or information; and all matters of fact may be given in evidence under it, except a former conviction or acquittal.
[ 1891 c 28 s 59; Code 1881 s 1058; RRS s 2112.]

catchline: Plea of not guilty.


title: RCW 10.40.190

text:
If the defendant fail or refuse to answer the indictment or information by demurrer or plea, a plea of not guilty must be entered by the court.
[ 1891 c 28 s 62; Code 1881 s 1061; 1873 p 232 s 224; 1854 p 116 s 88; RRS s 2115.]

catchline: Refusal to answer.


title: RCW 10.40.200

text:
(1) The legislature finds and declares that in many instances involving an individual who is not a citizen of the United States charged with an offense punishable as a crime under state law, a plea of guilty is entered without the defendant knowing that a conviction of such offense is grounds for deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States. Therefore, it is the intent of the legislature in enacting this section to promote fairness to such accused individuals by requiring in such cases that acceptance of a guilty plea be preceded by an appropriate warning of the special consequences for such a defendant which may result from the plea. It is further the intent of the legislature that at the time of the plea no defendant be required to disclose his or her legal status to the court.
(2) Prior to acceptance of a plea of guilty to any offense punishable as a crime under state law, except offenses designated as infractions under state law, the court shall determine that the defendant has been advised of the following potential consequences of conviction for a defendant who is not a citizen of the United States: Deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States. A defendant signing a guilty plea statement containing the advisement required by this subsection shall be presumed to have received the required advisement. If, after September 1, 1983, the defendant has not been advised as required by this section and the defendant shows that conviction of the offense to which the defendant pleaded guilty may have the consequences for the defendant of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States, the court, on defendant's motion, shall vacate the judgment and permit the defendant to withdraw the plea of guilty and enter a plea of not guilty. Absent a written acknowledgment by the defendant of the advisement required by this subsection, the defendant shall be presumed not to have received the required advisement.
(3) With respect to pleas accepted prior to September 1, 1983, it is not the intent of the legislature that a defendant's failure to receive the advisement required by subsection (2) of this section should require the vacation of judgment and withdrawal of the plea or constitute grounds for finding a prior conviction invalid.
[ 1983 c 199 s 1.]
Notes:
Notice to courts—Rules—Forms: "The administrative office of the courts shall notify all courts of the requirements contained in RCW 10.40.200. The judicial council shall recommend to the supreme court appropriate court rules to ensure compliance with the requirements of RCW 10.40.200. Until court rules are promulgated, the administrative office of the courts shall develop and distribute forms necessary for the courts to comply with RCW 10.40.200." [ 2005 c 282 s 21; 1983 c 199 s 2.]
Effective date—1983 c 199 s 1: "Section 1 of this act shall take effect on September 1, 1983." [ 1983 c 199 s 3.]

catchline: Deportation of aliens upon conviction—Advisement—Legislative intent.


title: RCW 10.43.020

text:
When the defendant has been convicted or acquitted upon an indictment or information of an offense consisting of different degrees, the conviction or acquittal shall be a bar to another indictment or information for the offense charged in the former, or for any lower degree of that offense, or for an offense necessarily included therein.
[ 1891 c 28 s 74; Code 1881 s 1096; 1873 p 238 s 257; 1854 p 120 s 121; RRS s 2166.]
Notes:
Bar as to prosecution for same crime in another degree, or attempt: RCW 10.43.050.

catchline: Offense embraces lower degree and included offenses.


title: RCW 10.43.030

text:
Whenever, upon the trial of any person for a crime, it shall appear that the defendant has already been acquitted or convicted upon the merits, of the same crime, in a court having jurisdiction of such offense in another county of this state, such former acquittal or conviction is a sufficient defense.
[ 1909 c 249 s 20; RRS s 2272.]

catchline: Conviction or acquittal in other county.


title: RCW 10.43.040

text:
Whenever, upon the trial of any person for a crime, it appears that the offense was committed in another state or country, under such circumstances that the courts of this state had jurisdiction thereof, and that the defendant has already been acquitted or convicted upon the merits, in a judicial proceeding conducted under the criminal laws of such state or country, founded upon the act or omission with respect to which he or she is upon trial, such former acquittal or conviction is a sufficient defense. Nothing in this section affects or prevents a prosecution in a court of this state of any person who has received administrative or nonjudicial punishment, civilian or military, in another state or country based upon the same act or omission.
[ 2010 c 8 s 1042; 1999 c 141 s 1; 1909 c 249 s 19; RRS s 2271.]

catchline: Foreign conviction or acquittal.


title: RCW 10.43.050

text:
No order of dismissal or directed verdict of not guilty on the ground of a variance between the indictment or information and the proof, or on the ground of any defect in such indictment or information, shall bar another prosecution for the same offense. Whenever a defendant shall be acquitted or convicted upon an indictment or information charging a crime consisting of different degrees, he or she cannot be proceeded against or tried for the same crime in another degree, nor for an attempt to commit such crime, or any degree thereof.
[ 2010 c 8 s 1043; 1909 c 249 s 64; Code 1881 s 769; RRS s 2316.]
Notes:
Offense embraces lower degree and included offenses: RCW 10.43.020.
Ownership of property—Proof of: RCW 10.58.060.

catchline: Acquittal, when a bar.


title: RCW 10.46.020

text:
The clerk shall, in preparing the docket of criminal cases, enumerate the indictments and informations pending according to the date of their filing, specifying opposite to the title of each action whether it be for a felony or misdemeanor, and whether the defendant be in custody or on bail; and shall, in like manner, enter therein all indictments and informations on which issues of fact are joined, all cases brought to the court on change of venue from other counties, and all cases pending upon appeal from inferior courts.
[ 1891 c 28 s 65; Code 1881 s 1044; 1873 p 231 s 222; 1854 p 115 s 86; RRS s 2134.]

catchline: Trial docket.


title: RCW 10.46.060

text:
When a defendant is designated in the indictment or information by a fictitious or erroneous name, and in any stage of the proceedings his or her true name is discovered, it may be inserted in the subsequent proceedings, referring to the fact of his or her being indicted or informed against by the name mentioned in the indictment or information.
[ 2010 c 8 s 1044; 1891 c 28 s 23; Code 1881 s 1007; 1873 p 225 s 190; 1869 p 241 s 185; RRS s 2058.]
Notes:
True name: RCW 10.40.050.

catchline: True name inserted in proceedings.


title: RCW 10.46.070

text:
The court shall decide all questions of law which shall arise in the course of the trial, and the trial shall be conducted in the same manner as in civil actions.
[ 1891 c 28 s 70; Code 1881 s 1088; 1873 p 237 s 249; 1854 p 119 s 111; RRS s 2158. FORMER PART OF SECTION: 1891 c 28 s 66, part; Code 1881 s 1078; 1873 p 236 s 239; 1854 p 118 s 101; RRS s 2137, part, now codified as RCW 10.49.020.]
Notes:
Rules of court: This section superseded, in part, by CrR 6. See comment preceding CrR 6.1.

catchline: Conduct of trial—Generally.


title: RCW 10.46.080

text:
A continuance may be granted in any case on the ground of the absence of evidence on the motion of the defendant supported by affidavit showing the materiality of the evidence expected to be obtained, and that due diligence has been used to procure it; and also the name and place of residence of the witness or witnesses; and the substance of the evidence expected to be obtained, and if the prosecuting attorney admit that such evidence would be given, and that it be considered as actually given on the trial or offered and overruled as improper the continuance shall not be granted.
[Code 1881 s 1077; 1877 p 206 s 7; RRS s 2135.]

catchline: Continuances.


title: RCW 10.46.085

text:
When a defendant is charged with a crime which constitutes a violation of RCW 9A.64.020 or chapter 9.68, 9.68A, or 9A.44 RCW, and the alleged victim of the crime is a person under the age of eighteen years, neither the defendant nor the prosecuting attorney may agree to extend the originally scheduled trial date unless the court within its discretion finds that there are substantial and compelling reasons for a continuance of the trial date and that the benefit of the postponement outweighs the detriment to the victim. The court may consider the testimony of lay witnesses and of expert witnesses, if available, regarding the impact of the continuance on the victim.
[ 1989 c 332 s 7.]
Notes:
Finding—1989 c 332: "The legislature finds that treatment of the emotional problems of child sexual abuse victims may be impaired by lengthy delay in trial of the accused and the resulting delay in testimony of the child victim. The trauma of the abusive incident is likely to be exacerbated by requiring testimony from a victim who has substantially completed therapy and is forced to relive the incident. The legislature finds that it is necessary to prevent, to the extent reasonably possible, lengthy and unnecessary delays in trial of a person charged with abuse of a minor." [ 1989 c 332 s 6.]

catchline: Continuances not permitted in certain cases.


title: RCW 10.46.110

text:
When two or more persons are included in one prosecution, the court may, at any time before the defendant has gone into his or her defense, direct any defendant to be discharged, that he or she may be a witness for the state. A defendant may also, when there is not sufficient evidence to put him or her on his or her defense, at any time before the evidence is closed, be discharged by the court, for the purpose of giving evidence for a codefendant. The order of discharge is a bar to another prosecution for the same offense.
[ 2010 c 8 s 1045; Code 1881 s 1092; 1873 p 237 s 253; 1854 p 120 s 117; RRS s 2162.]
Notes:
Conviction or acquittal—Several defendants: RCW 10.61.035.

catchline: Discharging defendant to give evidence.


title: RCW 10.46.190

text:
Every person convicted of a crime or held to bail to keep the peace may be liable to all the costs of the proceedings against him or her, including, when tried by a jury in the superior court or before a committing magistrate, a jury fee as provided for in civil actions for which judgment shall be rendered and collected. The court shall not order a defendant to pay costs, as described in RCW 10.01.160, if the court finds that the person at the time of sentencing is indigent as defined in RCW 10.01.160(3). The jury fee, when collected for a case tried by the superior court, shall be paid to the clerk and applied as the jury fee in civil cases is applied.
[ 2022 c 260 s 20; 2018 c 269 s 9; 2005 c 457 s 12; 1977 ex.s. c 248 s 1; 1977 ex.s. c 53 s 1; 1961 c 304 s 8; Code 1881 s 2105; 1869 p 418 s 3; RRS s 2227.]
Notes:
Construction—Effective date—2022 c 260: See notes following RCW 3.66.120.
Construction—2018 c 269: See note following RCW 10.82.090.
Intent—2005 c 457: See note following RCW 43.08.250.
Disposition of fines and costs: Chapter 10.82 RCW.
Jury
fees: RCW 4.44.110, 36.18.020.
in district court: RCW 10.04.050.

catchline: Liability of convicted person for costs—Jury fee.


title: RCW 10.46.200

text:
No prisoner or person under recognizance who shall be acquitted by verdict or discharged because no indictment is found against him or her, or for want of prosecution, shall be liable for any costs or fees of any officer or for any charge of subsistence while he or she was in custody, but in every such case the fees of the defendant's witnesses, and of the officers for services rendered at the request of the defendant; and charges for subsistence of the defendant while in custody shall be taxed and paid as other costs and charges in such cases.
[ 2010 c 8 s 1046; Code 1881 s 1168; 1877 p 207 s 10; 1854 p 129 s 177; RRS s 2236.]

catchline: Costs allowed to acquitted or discharged defendant.


title: RCW 10.46.210

text:
When any person shall be brought before a court or other committing magistrate of any county, city or town in this state, having jurisdiction of the alleged offense, charged with the commission of a crime or misdemeanor, and such complaint upon examination shall appear to be unfounded, no costs shall be payable by such acquitted party, but the same shall be chargeable to the county, city or town for or in which the said complaint is triable, but if the court or other magistrate trying said charge, shall decide the complaint was frivolous or malicious, the judgment or verdict shall also designate who is the complainant, and may adjudge that said complainant pay the costs. In such cases a judgment shall thereupon be entered for the costs against said complainant, who shall stand committed until such costs be paid or discharged by due process of law.
[ 1987 c 202 s 168; Code 1881 s 2103; 1869 p 418 s 1; RRS s 2225.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Taxation of costs on acquittal or discharge—Generally—Frivolous complaints.


title: RCW 10.46.220

text:
In all convictions for felony, whether capital or punishable by imprisonment in the penitentiary, the clerk of the superior court shall forthwith, after sentence, tax the costs in the case. The cost bill shall be made out in triplicate, and be examined by the prosecuting attorney of the county in which the trial was had. After which the judge of the superior court shall allow and approve such bill or so much thereof, as is allowable by law. The clerk of the superior court shall thereupon, under his or her hand, and under the seal of the court, certify said triplicate cost bills, and shall file one with the papers of cause, and shall transmit one to the administrator for the courts and one to the county auditor of the county in which said felony was committed.
[ 2010 c 8 s 1047; 1979 c 129 s 1; 1883 p 35 s 1; Code 1881 s 2106; RRS s 2228.]

catchline: Cost bills in felony cases—Certification.


title: RCW 10.46.230

text:
Upon the receipt of the cost bill, as provided for in the preceding section, the county auditor shall draw warrants for the amounts due each person, as certified in said cost bill, which warrants shall be paid as other county warrants are paid. On receipt of the certified copy of said cost bill, the administrator for the courts shall examine and audit said bill and allow the payment by the state of statutorily required witness fees in cases where conviction of a felony is obtained and the defendant is sentenced to pay a fine or is given a prison sentence even if the sentence is deferred or suspended. Payment shall be allowed by the administrator for the courts in such cases even when the conviction is subsequently reversed or if a new trial is granted.
[ 1979 c 129 s 2; 1883 p 35 s 1; Code 1881 s 2107; 1873 p 250 s 316; RRS s 2229.]

catchline: Cost bills in felony cases—Payment.


title: RCW 10.52.040

text:
Witnesses may be compelled to attend and testify before the grand jury; and witnesses on behalf of the state, or of the defendant, in a criminal prosecution, may be compelled to attend and testify in open court, if they have been subpoenaed, without their fees being first paid or tendered, unless otherwise provided by law; the court may, upon the motion of the prosecuting attorney or defense counsel, recognize witnesses, with or without sureties, to attend and testify at any hearing or trial in any criminal prosecution in any court of this state, or before the grand jury. In default of such recognizance, or in the event that surety is required and has not been obtained, the court shall require the appearance of the witness before the court and shall appoint counsel for the witness if he is indigent and then shall determine that the testimony of the witness would be material to either the prosecution or the defendant and that the witness would not attend the trial of the matter unless detained and, therefore, the court may direct that such witness shall be detained in the custody of the sheriff until the hearing or trial in which the witness is to testify: PROVIDED, That each witness detained for failure to obtain surety shall be paid, in addition to witness fees for actual appearance in court, for each day of his detention a sum equal to the daily jury fee paid to a juror serving in a superior court; and each witness in breach of recognizance and who is detained therefor shall be paid, in addition to witness fees for actual appearance in court, the sum of one dollar for each day of his detention. Any such witness shall be provided food and lodging while so detained. Any person accused of any crime in this state, by indictment, information, or otherwise, may, in the examination or trial of the cause, offer himself, or herself, as a witness in his or her own behalf, and shall be allowed to testify as other witnesses in such case, and when accused shall so testify, he or she shall be subject to all the rules of law relating to cross-examination of other witnesses: PROVIDED, That nothing in this code shall be construed to compel such accused person to offer himself or herself as a witness in such case.
[ 1984 c 76 s 17; 1969 ex.s. c 143 s 1; 1915 c 83 s 1; 1891 c 28 s 69; Code 1881 s 1067; 1873 p 233 s 229; 1871 p 105 s 2; 1854 p 116 s 93; RRS s 2148. Formerly RCW 10.52.040, 10.52.050, 10.52.070, and 10.52.080.]
Notes:
Rules of court: See CrR 6.13, 6.14.
Rights of accused persons: State Constitution Art. 1 ss 9, 22 (Amendment 10).

catchline: Compelling witness to attend and testify—Accused as witness.


title: RCW 10.52.060

text:
Every person accused of crime shall have the right to meet the witnesses produced against him or her face to face: PROVIDED, That whenever any witness whose deposition shall have been taken pursuant to law by a magistrate, in the presence of the defendant and his or her counsel, shall be absent, and cannot be found when required to testify upon any trial or hearing, so much of such deposition as the court shall deem admissible and competent shall be admitted and read as evidence in such case.
[ 2010 c 8 s 1048; 1909 c 249 s 54; RRS s 2306. Prior: Code 1881 s 765; 1873 p 180 s 2; 1869 p 198 s 2; 1859 p 104 s 2.]
Notes:
Reviser's note: Caption for 1909 c 249 s 54 reads as follows: "SEC. 54. WITNESSES."
Rights of accused persons: State Constitution Art. 1 s 22 (Amendment 10).

catchline: Confrontation of witnesses.


title: RCW 10.52.090

text:
In every case where it is provided in *this act that a witness shall not be excused from giving testimony tending to criminate himself or herself, no person shall be excused from testifying or producing any papers or documents on the ground that his or her testimony may tend to criminate or subject him or her to a penalty or forfeiture; but he or she shall not be prosecuted or subjected to a penalty or forfeiture for or on account of any action, matter or thing concerning which he or she shall so testify, except for perjury or offering false evidence committed in such testimony.
[ 2010 c 8 s 1049; 1909 c 249 s 39; RRS s 2291.]
Notes:
Rules of court: Ordering immunity from prosecution—Incriminating testimony not to be used—CrR 6.14.
*Reviser's note: For meaning of "this act," see note following RCW 9.01.120.
Bribery or corrupt solicitation: State Constitution Art. 2 s 30.
Rights of accused persons: State Constitution Art. 1 ss 9, 22 (Amendment 10).
Witness not excused from giving testimony tending to incriminate himself in crimes concerning bribery: RCW 9.18.080.

catchline: Incriminating testimony not to be used.


title: RCW 10.52.110

text:
(1) Courts are authorized to exercise discretion permitting a courthouse facility dog to be used in any judicial proceeding.
(2) Courts with an available courthouse facility dog must allow a witness under eighteen years of age, or who has a developmental disability as defined in RCW 71A.10.020, to use a courthouse facility dog to accompany them while testifying in court.
(3) Courts may allow any witness who does not meet the criteria in subsection (2) of this section to use a courthouse facility dog, if available, to accompany them while testifying in court.
(4) A courthouse facility dog accompanied by a certified handler is authorized to access: (a) Any courthouse; (b) any location where the courthouse facility dog and certified handler provide services, participate in administrative activities of the courthouse facility dog program, engage in community outreach, or participate in training activities; (c) any location related to a law enforcement investigation where law enforcement requests their presence; and (d) matters pending in the civil or criminal justice system. Authorized locations include, but are not limited to, places of public accommodation as defined in RCW 49.60.040, all modes of public transportation, children's advocacy centers, schools, day care facilities, law enforcement agencies, prosecutors' offices, attorneys' offices, medical facilities, specialty courts, and court-appointed special advocates and guardian ad litem program offices. A certified handler may be asked to show their identification card, provided by the accredited assistance dog organization that trained and certified the handler, to establish that they are a certified handler and that a courthouse facility dog they are accompanying is authorized to access the locations identified in this section.
(5) Before the introduction of a courthouse facility dog into the courtroom and outside the presence of the jury, the party desiring to use the assistance of a courthouse facility dog must file a motion setting out: (a) The credentials of the courthouse facility dog; (b) that the courthouse facility dog is adequately insured; (c) that a relationship has been established between the witness and the courthouse facility dog in anticipation of testimony; and (d) reasons why the courthouse facility dog would help reduce the witness's anxiety and elicit the witness's testimony. The motion may be filed in writing or made orally before the court.
(6) When the court finds the circumstances warrant the presence of a courthouse facility dog, the court must state the basis for its decision on the record. The witness should be afforded the opportunity to have a courthouse facility dog accompany the witness while testifying, if a courthouse facility dog and certified handler are available within the jurisdiction of the court in which the proceeding is held.
(7) If the court grants the motion filed under subsection (5) of this section, a certified handler must be present in the courtroom to advocate for the courthouse facility dog as necessary. The courthouse facility dog performing this service should be trained to accompany the witness to the stand without being attached to a certified handler by a leash and lie on the floor out of view of the jury while the witness testifies.
(8) In a jury trial, the following provisions apply:
(a) In the course of jury selection, either party may, with the court's approval, voir dire prospective jury members on whether the presence of a courthouse facility dog to assist a witness would create undue sympathy for the witness or cause prejudice to a party in any other way.
(b) To the extent possible, the court shall ensure that the jury will be unable to observe the courthouse facility dog prior to, during, and subsequent to the witness's testimony.
(c) On request of either party, the court shall present appropriate jury instructions that are designed to prevent any prejudice that might result from the presence of the courthouse facility dog before the witness testifies and at the conclusion of the trial.
(9) Courts may adopt rules for the use of a courthouse facility dog authorized under this section.
(10)(a) Each accredited assistance dog organization that trains and certifies courthouse facility dog handlers must issue an identification card to each handler it certifies that works with courthouse facility dogs in Washington.
(b) The identification card must (i) clearly state it is a "Certified Courthouse Facility Dog Handler" identification; (ii) include the complete legal name of the certified handler; and (iii) provide the name of and contact information for the accredited assistance dog organization that trained and certified the handler.
(c) The identification card must further state "Any courthouse facility dog accompanied by a certified handler is legally authorized to access all courthouses, places of public accommodation as defined in RCW 49.60.040, public transportation, children's advocacy centers, schools, day care facilities, law enforcement agencies, prosecutors' offices, attorneys' offices, medical facilities, specialty courts, court-appointed special advocates and guardian ad litem program offices, and all other locations identified in RCW 10.52.110."
(11) For purposes of this section:
(a) "Certified handler" means a person who (i) was trained to handle a courthouse facility dog by an accredited assistance dog organization and (ii) is a professional working in the legal system who is knowledgeable about its practices including, but not limited to, victim advocates, forensic interviewers, detectives, prosecuting attorneys, and guardians ad litem.
(b) "Courthouse facility dog" means a dog that: (i) Has graduated from a program of an assistance dog organization that is accredited by a recognized organization whose main purpose is to grant accreditation to assistance dog organizations based on standards of excellence in all areas of assistance dog acquisition, training of the dogs and their certified handlers, and placement; (ii) demonstrates continued proficiency in providing safe and reliable services through ongoing training according to the assistance dog organization's training standards; (iii) was specially selected to provide services in the legal system to provide quiet companionship to witnesses and potential witnesses during stressful interviews, examinations, meetings, and other encounters associated with a law enforcement investigation, and legal proceedings, thereby enabling them to better engage with the process; and (iv) travels as needed with a certified handler as a team to and from authorized locations for training, community outreach, and other purposes associated with the operations of a courthouse facility dog program established in this section.
[ 2023 c 59 s 2; 2019 c 398 s 1.]
Notes:
Findings—2023 c 59: "The legislature finds that questioning child or adult witnesses about a traumatic event in their lives can trigger an acute emotional response. The trigger makes them feel or behave the same way they did during or immediately after the traumatic event because the brain may not differentiate what happened then from what is going on around them now. These triggers can cause an immediate emotional response that bypasses the reasoning part of our brains, resulting in sudden or unexplained bouts of crying; fear, paranoia, or anxiety; panic attacks; and sudden physical symptoms such as nausea or fatigue. For children and adults, traumatic events and the responses that result often interfere with their ability to respond to questions or testify in court about traumatic events they have experienced or witnessed.
The legislature finds that children are particularly susceptible to adverse effects of exposure to trauma. Children may undergo secondary trauma when they participate in investigation and prosecution of crimes and other stressful legal proceedings. The American academy of pediatrics advises ongoing psychosocial support for children to address the adverse effects of the traumatic event and their experience recounting it during the legal process. The American academy of pediatrics identifies assistance from courthouse facility dogs as an effective psychosocial support intervention for children participating in legal proceedings.
The legislature finds that courthouse facility dog programs in our state are innovative community-based interventions. The courthouse facility dog's calm companionship reduces a traumatized child's anxiety, prevents recurrent trauma, and supports the child's ability to respond to questions and information requests during investigations and subsequent court processes, and may hasten their recovery from this experience. Likewise, the courthouse facility dog program is an effective intervention for persons who have developmental disabilities, adults who experienced childhood trauma, and other vulnerable people who could have difficulty engaging with the legal process.
The legislature finds that multiple visits between a potential witness and the courthouse facility dog and handler may be needed to establish the relationship supporting an order for the courthouse facility dog's presence in court during testimony. Courthouse facility dogs and their handlers require access to locations outside the courthouse for meetings with potential witnesses or other activities associated with the courthouse facility dog program's operations. The law does not expressly authorize access for the dog and handler to noncourthouse locations or public transportation. Therefore, the legislature intends to authorize expanded access for courthouse facility dogs and their handlers to locations outside courthouses and to modes of public transportation to provide this service." [ 2023 c 59 s 1.]

catchline: Courthouse facility dog program.


title: RCW 10.55.010

text:
"Witness" as used in this chapter shall include a person whose testimony is desired in any proceeding or investigation by a grand jury or in a criminal action, prosecution or proceeding.
The word "state" shall include any territory of the United States and the District of Columbia.
The word "summons" shall include a subpoena, order or other notice requiring the appearance of a witness.
[ 1943 c 218 s 1; Rem. Supp. 1943 s 2150-1.]

catchline: Definitions.


title: RCW 10.55.020

text:
(1) If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in this state certified under the seal of such court that there is a criminal prosecution pending in such court, or that a grand jury investigation has commenced or is about to commence, that a person being within this state is a material witness in such prosecution, or grand jury investigation, and that such person's presence will be required for a specified number of days, upon presentation of such certificate, accompanied by an attestation made under penalty of perjury stating whether such prosecution or grand jury investigation is related to the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services as defined in RCW 7.115.010 that are lawful in the state of Washington, to any judge of a court of record in the county in which such person is, such judge shall fix a time and place for a hearing, and shall make an order directing the witness to appear at a time and place certain for the hearing. If a court finds that a false attestation was intentionally submitted and the prosecution or grand jury investigation is related to the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services as defined in RCW 7.115.010 that are lawful in the state of Washington, a statutory penalty of $10,000 per violation will apply. Submission of such attestation subjects the attester to the jurisdiction of the courts of Washington state for any suit, penalty, or damages arising out of a false attestation under this section.
(2) If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending, or grand jury investigation has commenced or is about to commence, will give to such witness protection from arrest and the service of civil and criminal process, he or she shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the prosecution is pending, or where a grand jury investigation has commenced or is about to commence and of any other state through which the witness may be required to travel by ordinary course of travel, at a time and place specified in the certificate. In any such hearing the certificate shall be prima facie evidence of all the facts stated therein.
(3) If said certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure such person's attendance in the requesting state, such judge may, in lieu of notification of the hearing, direct that such witness be forthwith brought before such judge for said hearing; and the judge at the hearing being satisfied of the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability may, in lieu of issuing subpoena or summons, order that said witness be forthwith taken into custody and delivered to an officer of the requesting state.
(4) If the witness, who is summoned as above provided, after being paid or tendered by some properly authorized person the sum of ten cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and five dollars for each day, that such person is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, such person shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
(5) The summons of a witness to testify in the prosecution or a grand jury investigation in another state is prohibited if such prosecution or grand jury investigation is related to the provision, receipt, attempted provision or receipt, assistance in the provision or receipt, or attempted assistance in the provision or receipt of protected health care services as defined in RCW 7.115.010 that are lawful in the state of Washington.
[ 2023 c 193 s 7; 2010 c 8 s 1050; 1943 c 218 s 2; Rem. Supp. 1943 s 2150-2. Formerly RCW 10.55.020, 10.55.030, 10.55.040, and 10.55.050.]
Notes:
Effective date—2023 c 193: See note following RCW 7.115.020.

catchline: Summoning witness in this state to testify in another state.


title: RCW 10.55.060

text:
If any person in any state, which by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this state, is a material witness either for the prosecution or for the defense, in a criminal action pending in a court of record in this state, or in a grand jury investigation which has commenced or is about to commence, a judge of such court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. Said certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure his or her attendance in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found.
If the witness is summoned to attend and testify in this state he or she shall be tendered the sum of ten cents a mile for each mile by the ordinary traveled route to and from the court where the prosecution is pending and five dollars for each day that he or she is required to travel and attend as a witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this state a longer period of time than the period mentioned in the certificate, unless otherwise ordered by the court. If such witness, after coming into this state, fails without good cause to attend and testify as directed in the summons, he or she shall be punished in the manner provided for the punishment of any witness who disobeys a summons issued from a court of record in this state.
[ 2010 c 8 s 1051; 1943 c 218 s 3; Rem. Supp. 1943 s 2150-3. Formerly RCW 10.55.060, 10.55.070, 10.55.080, and 10.55.090.]

catchline: Witness from another state summoned to testify in this state.


title: RCW 10.55.100

text:
If a person comes into this state in obedience to a summons directing him or her to attend and testify in this state he or she shall not while in this state pursuant to such summons be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his or her entrance into this state under the summons.
If a person passes through this state while going to another state in obedience to a summons to attend and testify in that state or while returning therefrom, he or she shall not while so passing through this state be subject to arrest or the service of process, civil or criminal, in connection with matters which arose before his or her entrance into this state under the summons.
[ 2010 c 8 s 1052; 1943 c 218 s 4; Rem. Supp. 1943 s 2150-4.]

catchline: Exemption of witness from arrest and service of process.


title: RCW 10.55.110

text:
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it.
[ 1943 c 218 s 5; Rem. Supp. 1943 s 2150-5.]

catchline: Uniformity of interpretation.


title: RCW 10.55.120

text:
This chapter may be cited as "Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings."
[ 1943 c 218 s 6; Rem. Supp. 1943 s 2150-6.]

catchline: Short title.


title: RCW 10.56.010

text:
The legislature recognizes that prosecuting attorneys, law enforcement, and society at large strive for a criminal justice system that minimizes the risk [that] actually innocent people will be convicted. The legislature further recognizes that mistaken identification by witnesses to crime and false testimony by informants who are given benefits in exchange for their testimony have contributed to the conviction of the innocent in Washington state. Through the development of best practices related to the collection of eyewitness evidence and the use of informant witnesses, and the adoption of model guidelines to implement those practices, the legislature aims to improve the quality of such evidence and reduce the risk of wrongful conviction related to these contributing factors.
[ 2019 c 359 s 1.]

catchline: Intent.


title: RCW 10.56.040

text:
(1) No later than December 31, 2020, each county prosecuting attorney shall:
(a) Adopt and implement a written local protocol for the use of informants consistent with the model guidelines developed pursuant to *RCW 10.56.030, and submit a copy of the local protocol to the work group established in *RCW 10.56.030; and
(b) Establish and maintain a central record of informants used in the course of criminal proceedings as well as formal offers to give testimony or other information. This record is the confidential work product of the office of the prosecuting attorney.
(2) If a county prosecutor adopts the model guidelines developed by the work group established under *RCW 10.56.030, it has met the requirements of subsection (1)(a) of this section.
(3) If a county prosecutor chooses to adopt its own local protocol, the protocol must articulate adequate preliminary disclosures to the defense and include a list of procedures for prosecuting attorneys to follow when evaluating the reliability of an informant that includes:
(a) The complete criminal history of the informant including pending criminal charges;
(b) Any consideration provided in exchange for the information or testimony;
(c) Whether the informant's information or testimony was modified or recanted;
(d) The number of times the informant has previously provided information or testimony in exchange for consideration; and
(e) The kind and quality of other evidence corroborating the informant's information or testimony.
(4) Nothing in this section diminishes federal constitutional disclosure obligations to criminal defendants or any related obligations under Washington case law, statutes, or court rules.
(5) For the purposes of this section, "informant" means any person who: (a) Was previously unconnected with the criminal case as either a witness or a codefendant; (b) claims to have relevant information about the crime; (c) is currently charged with a crime or is facing potential criminal charges or is in custody; and (d) at any time receives consideration in exchange for providing the information or testimony.
[ 2019 c 359 s 4.]
Notes:
*Reviser's note: RCW 10.56.030 expired December 31, 2022.

catchline: Local protocols for the use of informants.


title: RCW 10.56.050

text:
(1) If the testimony of an informant is admitted in a criminal proceeding, the prosecuting attorney or defendant may request a jury instruction on exercising caution in evaluating the credibility of an informant. Except when otherwise determined by the court, the instruction should be substantially similar to the following form:
"The testimony of an informant, given on behalf of the [State] [City] [County] in exchange for a legal advantage or other benefit, should be subjected to careful examination in the light of other evidence in the case, and should be acted upon with great caution. You, the jury, must weigh the credibility of his or her testimony. You should not find the defendant guilty upon such testimony alone unless, after carefully considering the testimony, you are satisfied beyond a reasonable doubt of its truth."
(2) For the purposes of this section, "informant" has the same meaning as in RCW 10.56.040.
[ 2019 c 359 s 5.]

catchline: Jury instruction for informant testimony.


title: RCW 10.58.010

text:
The rules of evidence in civil actions, so far as practicable, shall be applied to criminal prosecutions.
[Code 1881 s 1071; 1873 p 234 s 233; 1854 p 117 s 97; RRS s 2152.]

catchline: Rules—Generally.


title: RCW 10.58.020

text:
Every person charged with the commission of a crime shall be presumed innocent until the contrary is proved by competent evidence beyond a reasonable doubt; and when an offense has been proved against him or her, and there exists a reasonable doubt as to which of two or more degrees he or she is guilty, he or she shall be convicted only of the lowest.
[ 2010 c 8 s 1053; 1909 c 249 s 56; 1891 c 28 s 91; Code 1881 s 767; 1854 p 76 s 3; RRS s 2308. Formerly RCW 10.58.020 and 10.61.020.]
Notes:
Conviction of attempts or lesser or included crimes: RCW 10.61.003, 10.61.006, 10.61.010.

catchline: Presumption of innocence—Conviction of lowest degree, when.


title: RCW 10.58.030

text:
The confession of a defendant made under inducement, with all the circumstances, may be given as evidence against him or her, except when made under the influence of fear produced by threats; but a confession made under inducement is not sufficient to warrant a conviction without corroborating testimony.
[ 2010 c 8 s 1054; Code 1881 s 1070; 1873 p 234 s 232; 1854 p 117 s 96; RRS s 2151.]

catchline: Confession as evidence.


title: RCW 10.58.035

text:
(1) In criminal and juvenile offense proceedings where independent proof of the corpus delicti is absent, and the alleged victim of the crime is dead or incompetent to testify, a lawfully obtained and otherwise admissible confession, admission, or other statement of the defendant shall be admissible into evidence if there is substantial independent evidence that would tend to establish the trustworthiness of the confession, admission, or other statement of the defendant.
(2) In determining whether there is substantial independent evidence that the confession, admission, or other statement of the defendant is trustworthy, the court shall consider, but is not limited to:
(a) Whether there is any evidence corroborating or contradicting the facts set out in the statement, including the elements of the offense;
(b) The character of the witness reporting the statement and the number of witnesses to the statement;
(c) Whether a record of the statement was made and the timing of the making of the record in relation to the making of the statement; and/or
(d) The relationship between the witness and the defendant.
(3) Where the court finds that the confession, admission, or other statement of the defendant is sufficiently trustworthy to be admitted, the court shall issue a written order setting forth the rationale for admission.
(4) Nothing in this section may be construed to prevent the defendant from arguing to the jury or judge in a bench trial that the statement is not trustworthy or that the evidence is otherwise insufficient to convict.
[ 2003 c 179 s 1.]

catchline: Statement of defendant—Admissibility.


title: RCW 10.58.038

text:
A law enforcement officer, prosecuting attorney, or other government official may not ask or require a victim of an alleged sex offense to submit to a polygraph examination or other truth telling device as a condition for proceeding with the investigation of the offense. The refusal of a victim to submit to a polygraph examination or other truth telling device shall not by itself prevent the investigation, charging, or prosecution of the offense. For the purposes of this section, "sex offense" is any offense under chapter 9A.44 RCW.
[ 2007 c 202 s 1.]

catchline: Polygraph examinations—Victims of alleged sex offenses.


title: RCW 10.58.040

text:
Whenever an intent to defraud shall be made an element of an offense, it shall be sufficient if an intent appears to defraud any person, association or body politic or corporate whatsoever.
[ 1909 c 249 s 40; RRS s 2292.]

catchline: Intent to defraud.


title: RCW 10.58.060

text:
In the prosecution of any offense committed upon, or in relation to, or in any way affecting any real estate, or any offense committed in stealing, embezzling, destroying, injuring, or fraudulently receiving or concealing any money, goods, or other personal estate, it shall be sufficient, and shall not be deemed a variance, if it be proved on trial that at the time when such offense was committed, either the actual or constructive possession, or the general or special property in the whole, or any part of such real or personal estate, was in the person or community alleged in the indictment or other accusation to be the owner thereof.
[Code 1881 s 963; 1854 p 99 s 133; RRS s 2156.]
Notes:
Indictment or information, certain defects or imperfections deemed immaterial: RCW 10.37.056.

catchline: Ownership—Proof of.


title: RCW 10.58.080

text:
The court may order a view by any jury impaneled to try a criminal case.
[Code 1881 s 1090; 1873 p 237 s 251; 1854 p 120 s 115; RRS s 2160.]

catchline: View of place of crime permissible.


title: RCW 10.61.003

text:
Upon an indictment or information for an offense consisting of different degrees, the jury may find the defendant not guilty of the degree charged in the indictment or information, and guilty of any degree inferior thereto, or of an attempt to commit the offense.
[ 1891 c 28 s 75; Code 1881 s 1097; 1854 p 120 s 122; RRS s 2167. Formerly RCW 10.61.010, part.] [SLC-RO-11]
Notes:
Where doubt as to degree, conviction of lowest: RCW 10.58.020.


title: RCW 10.61.006

text:
In all other cases the defendant may be found guilty of an offense the commission of which is necessarily included within that with which he or she is charged in the indictment or information.
[ 2010 c 8 s 1055; 1891 c 28 s 76; Code 1881 s 1098; 1854 p 120 s 123; RRS s 2168. Formerly RCW 10.61.010, part.] [SLC-RO-11]

catchline: Other cases—Included offenses.


title: RCW 10.61.010

text:
Upon the trial of an indictment or information, the defendant may be convicted of the crime charged therein, or of a lesser degree of the same crime, or of an attempt to commit the crime so charged, or of an attempt to commit a lesser degree of the same crime. Whenever the jury shall find a verdict of guilty against a person so charged, they shall in their verdict specify the degree or attempt of which the accused is guilty.
[ 1909 c 249 s 11; RRS s 2263. FORMER PARTS OF SECTION: (i) 1891 c 28 s 75; Code 1881 s 1097; 1854 p 120 s 122; RRS s 2167, now codified as RCW 10.61.003. (ii) 1891 c 28 s 76; Code 1881 s 1098; 1854 p 120 s 123; RRS s 2168, now codified as RCW 10.61.006.] [SLC-RO-11]

catchline: Conviction of lesser crime.


title: RCW 10.61.035

text:
Upon an indictment or information against several defendants any one or more may be convicted or acquitted.
[ 1891 c 28 s 37; Code 1881 s 1022; 1873 p 228 s 205; 1869 p 243 s 200; RRS s 2073. Formerly RCW 10.61.030, part.]
Notes:
Rules of court: This section superseded in part by CrR 6.16. See comment after CrR 6.16.
Discharging defendant to give evidence: RCW 10.46.110.

catchline: Conviction or acquittal—Several defendants.


title: RCW 10.61.060

text:
When there is a verdict of conviction in which it appears to the court that the jury have mistaken the law, the court may explain the reason for that opinion, and direct the jury to reconsider the verdict; and if after such reconsideration they return the same verdict it must be entered, but it shall be good cause for new trial. When there is a verdict of acquittal the court cannot require the jury to reconsider it.
[ 1891 c 28 s 78; Code 1881 s 1100; 1873 p 239 s 261; 1854 p 121 s 125; RRS s 2170.]

catchline: Reconsideration of verdict.


title: RCW 10.64.015

text:
When the defendant is found guilty, the court shall render judgment accordingly, and the defendant may be liable for all costs, unless the court or jury trying the cause expressly find otherwise. The court shall not order a defendant to pay costs, as described in RCW 10.01.160, if the court finds that the person at the time of sentencing is indigent as defined in RCW 10.01.160(3).
[ 2022 c 260 s 11; 2018 c 269 s 10; Code 1881 s 1104; 1873 p 241 s 272; 1854 p 121 s 129; RRS s 2187. Formerly RCW 10.64.010, part.]
Notes:
Construction—Effective date—2022 c 260: See notes following RCW 3.66.120.
Construction—2018 c 269: See note following RCW 10.82.090.
Requiring defendant to pay costs—Procedure: RCW 10.01.160, 10.01.170, chapter 10.82 RCW.

catchline: Judgment to include costs—Exception.


title: RCW 10.64.025

text:
(1) A defendant who has been found guilty of a felony and is awaiting sentencing shall be detained unless the court finds by clear and convincing evidence that the defendant is not likely to flee or to pose a danger to the safety of any other person or the community if released. Any bail bond that was posted on behalf of a defendant shall, upon the defendant's conviction, be exonerated.
(2) A defendant who has been found guilty of one of the following offenses shall be detained pending sentencing: Rape in the first or second degree (RCW 9A.44.040 and 9A.44.050); rape of a child in the first, second, or third degree (RCW 9A.44.073, 9A.44.076, and 9A.44.079); child molestation in the first, second, or third degree (RCW 9A.44.083, 9A.44.086, and 9A.44.089); sexual misconduct with a minor in the first or second degree (RCW 9A.44.093 and 9A.44.096); indecent liberties (RCW 9A.44.100); incest (RCW 9A.64.020); luring (RCW 9A.40.090); human trafficking in the first or second degree (RCW 9A.40.100); promoting commercial sexual abuse of a minor (RCW 9.68A.101); any class A or B felony that is a sexually motivated offense as defined in RCW 9.94A.030; a felony violation of RCW 9.68A.090; or any offense that is, under chapter 9A.28 RCW, a criminal attempt, solicitation, or conspiracy to commit one of those offenses.
[ 2011 c 111 s 4; 1996 c 275 s 10; 1989 c 276 s 2.]
Notes:
Finding—1996 c 275: See note following RCW 9.94A.505.
Severability—1989 c 276: See note following RCW 9.95.062.

catchline: Detention of defendant.


title: RCW 10.64.027

text:
In order to minimize the trauma to the victim, the court may attach conditions on release of a defendant under RCW 10.64.025 regarding the whereabouts of the defendant, contact with the victim, or other conditions.
[ 1989 c 276 s 5.]
Notes:
Severability—1989 c 276: See note following RCW 9.95.062.

catchline: Conditions of release.


title: RCW 10.64.060

text:
In every case where imprisonment in the penitentiary is awarded against any convict, the form of the sentence shall be, that he or she be punished by confinement at hard labor; and he or she may also be sentenced to solitary imprisonment for such term as the court shall direct, not exceeding twenty days at any one time; and in the execution of such punishment the solitary shall precede the punishment by hard labor, unless the court shall otherwise order.
[ 2010 c 8 s 1056; Code 1881 s 1127; 1873 p 243 s 285; 1854 p 124 s 149; RRS s 2208.]
Notes:
Indeterminate sentences: Chapter 9.95 RCW.
Sentencing, 1981 act: Chapter 9.94A RCW.

catchline: Form of sentence to penitentiary.


title: RCW 10.64.070

text:
Every court before whom any person shall be convicted upon an indictment or information for an offense not punishable with death or imprisonment in the penitentiary may, in addition to the punishment prescribed by law, require such person to recognize with sufficient sureties in a reasonable sum to keep the peace, or to be of good behavior, or both, for any term not exceeding one year, and to stand committed until he or she shall so recognize.
[ 2010 c 8 s 1057; 1891 c 28 s 83; Code 1881 s 1121; 1873 p 242 s 279; 1854 p 123 s 143; RRS s 2202. FORMER PART OF SECTION: Code 1881 s 1122; 1873 p 242 s 280; 1854 p 123 s 144; RRS s 2203, now codified as RCW 10.64.075.]

catchline: Recognizance to maintain good behavior or keep the peace.


title: RCW 10.64.075

text:
In case of the breach of the conditions of any such recognizance, the same proceedings shall be had that are by law prescribed in relation to recognizances to keep the peace.
[Code 1881 s 1122; 1873 p 242 s 280; 1854 p 123 s 144; RRS s 2203. Formerly RCW 10.64.070, part.]

catchline: Breach of recognizance conditions.


title: RCW 10.64.080

text:
Judgments for fines in all criminal actions rendered, are, and may be made liens upon the real estate of the defendant in the same manner, and with like effect as judgments in civil actions.
[Code 1881 s 1111; RRS s 2188.]

catchline: Judgments a lien on realty.


title: RCW 10.64.100

text:
The clerk of the court shall make a final record of all the proceedings in a criminal prosecution within six months after the same shall have been decided, which shall contain a copy of the minutes of the challenge to the panel of the grand jury, the indictment or information, journal entries, pleadings, minutes of challenges to panel of petit jurors, judgment, orders, or decision, and bill of exceptions.
[ 1891 c 28 s 85; Code 1881 s 1134; 1873 p 245 s 292; 1854 p 125 s 156; RRS s 2224.]

catchline: Final record—What to contain.


title: RCW 10.64.110

text:
(1) Following June 15, 1977, except as provided in subsection (3) of this section, there shall be affixed to the original of every judgment and sentence of a felony conviction in every court in this state and every order adjudicating a juvenile to be a delinquent based upon conduct which would be a felony if committed by an adult, a fingerprint of the defendant or juvenile who is the subject of the order. When requested by the clerk of the court, the actual affixing of fingerprints shall be done by a representative of the office of the county sheriff.
(2) The clerk of the court shall attest that the fingerprints appearing on the judgment in sentence, order of adjudication of delinquency, or docket, is that of the individual who is the subject of the judgment or conviction, order, or docket entry.
(3) Amended judgment and sentences issued pursuant to State v. Blake, No. 96873-0 (Feb. 25, 2021), are exempt from the fingerprinting requirements in subsection (1) of this section when there are no additional offenses of conviction from the original judgment and sentence and the defendant is in custody in a correctional facility. In such cases, the amended judgment and sentence shall reference the original judgment and sentence and the fingerprints affixed thereto.
[ 2021 c 311 s 20; 1977 ex.s. c 259 s 1.]
Notes:
Effective date—2021 c 311 ss 1-11 and 13-21: See note following RCW 71.24.115.

catchline: Fingerprint of defendant in felony convictions.


title: RCW 10.64.120

text:
(1) Every judge of a court of limited jurisdiction shall have the authority to levy upon a person a monthly assessment not to exceed one hundred dollars for services provided whenever the person is referred by the court to the misdemeanant probation department for evaluation or supervision services. The assessment may also be made by a judge in superior court when such misdemeanor or gross misdemeanor cases are heard in the superior court. Nothing in this subsection prevents contracting jurisdictions under RCW 39.34.180(6) from agreeing to the division of moneys received for probation supervision services.
(2) For the purposes of this section the administrative office of the courts shall define a probation department and adopt rules for the qualifications of probation officers based on occupational and educational requirements developed by an oversight committee. This oversight committee shall include a representative from the district and municipal court judges' association, the misdemeanant corrections association, the administrative office of the courts, and associations of cities and counties. The oversight committee shall consider qualifications that provide the training and education necessary to (a) conduct presentencing and postsentencing background investigations, including sentencing recommendations to the court regarding jail terms, alternatives to incarceration, and conditions of release; and (b) provide ongoing supervision and assessment of offenders' needs and the risk they pose to the community.
(3) It shall be the responsibility of the probation services office to implement local procedures approved by the court of limited jurisdiction to ensure collection and payment of such fees into the general fund of the city or county treasury.
(4) Revenues raised under this section shall be used to fund programs for probation services and shall be in addition to those funds provided in RCW 3.62.050.
(5) Assessments and fees levied upon a probationer under this section must be suspended while the probationer is being supervised by another state under RCW 9.94A.745, the interstate compact for adult offender supervision.
[ 2021 c 41 s 4. Prior: 2005 c 400 s 7; 2005 c 282 s 22; 1996 c 298 s 6; 1991 c 247 s 3; 1982 c 207 s 4.]
Notes:
Application—Effective date—2005 c 400: See notes following RCW 9.94A.74504.

catchline: Referral assessments—Probation department oversight committee.


title: RCW 10.64.140

text:
(1) When a person is convicted of a felony and sentenced to a term of total confinement under the jurisdiction of the department of corrections, the court shall require the defendant to sign a statement acknowledging that:
(a) The defendant's right to vote has been lost due to the felony conviction and sentence to a term of total confinement;
(b) If the defendant is registered to vote, the voter registration will be canceled;
(c) The right to vote is automatically restored as long as the defendant is not serving a sentence of total confinement under the jurisdiction of the department of corrections;
(d) The defendant must reregister before voting; and
(e) Voting before the right is restored is a class C felony under RCW 29A.84.660.
(2) For the purposes of this section:
(a) A sentence of total confinement does not include confinement imposed as a sanction for a community custody violation under RCW 9.94A.633(1).
(b) "Total confinement" has the same meaning as in RCW 9.94A.030.
[ 2021 c 10 s 5; 2009 c 325 s 5; 2005 c 246 s 1.]
Notes:
Effective date—2021 c 10: See note following RCW 29A.08.520.
Effective date—2005 c 246: "This act takes effect January 1, 2006." [ 2005 c 246 s 26.]

catchline: Loss of voting rights—Acknowledgment.


title: RCW 10.66.005

text:
The legislature finds that drug abuse is escalating at an alarming rate. New protections need to be established to address this drug crisis which is threatening every stratum of our society. Prohibiting known drug traffickers from frequenting areas for continuous drug activity is one means of addressing this pervasive problem.
[ 1989 c 271 s 213.]

catchline: Findings.


title: RCW 10.66.010

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:
(1) "Applicant" means any person who owns, occupies, or has a substantial interest in property, or who is a neighbor to property which is adversely affected by drug trafficking, including:
(a) A "family or household member" or "intimate partner" as defined in RCW 7.105.010, who has a possessory interest in a residence as an owner or tenant, at least as great as a known drug trafficker's interest;
(b) An owner or lessor;
(c) An owner, tenant, or resident who lives or works in a designated PADT area; or
(d) A city or prosecuting attorney for any jurisdiction in this state where drug trafficking is occurring.
(2) "Drug" or "drugs" means a controlled substance as defined in chapter 69.50 RCW or an "imitation controlled substance" as defined in RCW 69.52.020.
(3) "Known drug trafficker" means any person who has been convicted of a drug offense in this state, another state, or federal court who subsequently has been arrested for a drug offense in this state. For purposes of this definition, "drug offense" means a felony violation of chapter 69.50 or 69.52 RCW or equivalent law in another jurisdiction that involves the manufacture, distribution, or possession with intent to manufacture or distribute of a controlled substance or imitation controlled substance.
(4) "Off-limits orders" means an order issued by a superior or district court in the state of Washington that enjoins known drug traffickers from entering or remaining in a designated PADT area.
(5) "Protected against drug trafficking area" or "PADT area" means any specifically described area, public or private, contained in an off-limits order. The perimeters of a PADT area shall be defined using street names and numbers and shall include all real property contained therein, where drug sales, possession of drugs, pedestrian or vehicular traffic attendant to drug activity, or other activity associated with drug offenses confirms a pattern associated with drug trafficking. The area may include the full width of streets, alleys and sidewalks on the perimeter, common areas, planting strips, or parks and parking areas within the area described using the streets as boundaries.
[ 2021 c 215 s 119; 2020 c 29 s 11; 1989 c 271 s 214.]
Notes:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Effective date—2020 c 29: See note following RCW 7.77.060.

catchline: Definitions.


title: RCW 10.66.020

text:
A court may enter an off-limits order enjoining a known drug trafficker who has been associated with drug trafficking in an area that the court finds to be a PADT area, from entering or remaining in a designated PADT area for up to one year. This relief may be ordered pursuant to applications for injunctive relief or as part of a criminal proceeding as follows:
(1) In a civil action, including an action brought under this chapter;
(2) In a nuisance abatement action pursuant to chapter 7.43 RCW;
(3) In an eviction action to exclude known drug traffickers or tenants who were evicted for allowing drug trafficking to occur on the premises which were the subject of the eviction action;
(4) As a condition of pretrial release of a known drug trafficker awaiting trial on drug charges. The order shall be in effect until the time of sentencing or dismissal of the criminal charges; or
(5) As a condition of sentencing of any known drug trafficker convicted of a drug offense. The order may include all periods of community placement or community supervision.
[ 1989 c 271 s 215.]

catchline: When order may be issued.


title: RCW 10.66.030

text:
Upon the filing of an application for an off-limits order under RCW 10.66.020 (1), (2), or (3), the court shall set a hearing fourteen days from the filing of the application, or as soon thereafter as the hearing can be scheduled. If the respondent has not already been served with a summons, the application shall be served on the respondent not less than five court days before the hearing. If timely service cannot be made, the court may set a new hearing date.
[ 1989 c 271 s 216.]

catchline: Hearing—Summons.


title: RCW 10.66.040

text:
Upon filing an application for an off-limits order under this chapter, an applicant may obtain an ex parte temporary off-limits order, with or without notice, only upon a showing that serious or irreparable harm will result to the applicant if the temporary off-limits order is not granted. An ex parte temporary off-limits order shall be effective for a fixed period not to exceed fourteen days, but the court may reissue the order upon a showing of good cause. A hearing on a one-year off-limits order, as provided in this chapter, shall be set for fourteen days from the issuance of the temporary order. The respondent shall be personally served with a copy of the temporary off-limits order along with a copy of the application and notice of the date set for the full hearing. At the hearing, if the court finds that respondent is a known drug trafficker who has engaged in drug trafficking in a particular area, and that the area is associated with a pattern of drug activities, the court shall issue a one-year off-limits order prohibiting the respondent from having any contact with the PADT area. At any time within three months before the expiration of the order, the applicant may apply for a renewal of the order by filing a new petition under this chapter.
[ 1989 c 271 s 217.]

catchline: Ex parte temporary order—Hearing—Notice.


title: RCW 10.66.050

text:
In granting a temporary off-limits order or a one-year off-limits order, the court shall have discretion to grant additional relief as the court considers proper to achieve the purposes of this chapter. The PADT area defined in any off-limits order must be reasonably related to the area or areas impacted by the unlawful drug activity as described by the applicant in any civil action under RCW 10.66.020 (1), (2), or (3). The court in its discretion may allow a respondent, who is the subject of any order issued under RCW 10.66.020 as part of a civil or criminal proceeding, to enter an off-limits area or areas for health or employment reasons, subject to conditions prescribed by the court. Upon request, a certified copy of the order shall be provided to the applicant by the clerk of the court.
[ 1999 c 143 s 46; 1989 c 271 s 218.]

catchline: Additional relief—PADT area.


title: RCW 10.66.060

text:
A temporary off-limits order or a one-year off-limits order may not issue under this chapter except upon the giving of a bond or security by the applicant. The court shall set the bond or security in the amount the court deems proper, but not less than one thousand dollars, for the payment of costs and damages that may be incurred by any party who is found to have been wrongfully restrained or enjoined. A bond or security shall not be required of the state of Washington, municipal corporations, or political subdivisions of the state of Washington.
[ 1989 c 271 s 219.]

catchline: Bond or security.


title: RCW 10.66.070

text:
Nothing in this chapter shall preclude a party from appearing in person or by counsel.
[ 1989 c 271 s 220.]

catchline: Appearance of party.


title: RCW 10.66.080

text:
A copy of an off-limits order granted under this chapter shall be forwarded by the court to the local law enforcement agency with jurisdiction over the PADT area specified in the order on or before the next judicial day following issuance of the order. Upon receipt of the order, the law enforcement agency shall promptly enter it into an appropriate law enforcement information system.
[ 1989 c 271 s 221.]

catchline: Notice of order to law enforcement agency.


title: RCW 10.66.090

text:
(1) A person who willfully disobeys an off-limits order issued under this chapter is guilty of a gross misdemeanor.
(2) A person is guilty of a class C felony punishable according to chapter 9A.20 RCW if the person willfully disobeys an off-limits order in violation of the terms of the order and also either:
(a) Enters or remains in a PADT area that is within one thousand feet of any school; or
(b) Is convicted of a second or subsequent violation of this chapter.
[ 2003 c 53 s 93; 1989 c 271 s 223.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Penalties.


title: RCW 10.66.100

text:
Any person who willfully disobeys an off-limits order issued under this chapter shall be subject to criminal penalties as provided in this chapter and may also be found in contempt of court and subject to penalties under chapter 7.21 RCW.
[ 1999 c 143 s 47; 1989 c 271 s 222.]

catchline: Additional penalties.


title: RCW 10.66.110

text:
The superior courts shall have jurisdiction of all civil actions and all felony criminal proceedings brought under this chapter. Courts of limited jurisdiction shall have jurisdiction of all misdemeanor and gross misdemeanor criminal actions brought under this chapter.
[ 1989 c 271 s 224.]

catchline: Jurisdiction.


title: RCW 10.66.120

text:
For the purposes of this chapter, an action may be brought in any county in which any element of the alleged drug trafficking activities occurred.
[ 1989 c 271 s 225.]

catchline: Venue.


title: RCW 10.66.130

text:
Upon application, notice to all parties, and a hearing, the court may modify the terms of an off-limits order. When an order is terminated, modified, or amended before its expiration date, the clerk of the court shall forward, on or before the next judicial day, a true copy of the amended order to the law enforcement agency specified in the order. Upon receipt of an order, the law enforcement agency shall promptly enter it into an appropriate law enforcement information system.
[ 1989 c 271 s 226.]

catchline: Modification of order—Notice to law enforcement agency.


title: RCW 10.70.010

text:
When the defendant is adjudged to pay a fine and costs, the court shall order him or her to be committed to the custody of the sheriff until the fine and costs are paid or secured as provided by law.
[ 2010 c 8 s 1058; Code 1881 s 1119; 1873 p 242 s 277; 1854 p 123 s 141; RRS s 2200.]
Notes:
Commitment for failure to pay fine and costs—Execution against defendant's property: RCW 10.82.030.
Stay of execution for sixty days on recognizance: RCW 10.82.020, 10.82.025.

catchline: Commitment until fine and costs are paid.


title: RCW 10.70.020

text:
When any person shall be sentenced to be imprisoned in the penitentiary or county jail, the clerk of the court shall, as soon as may be, make out and deliver to the sheriff of the county, or his or her deputy, a transcript from the minutes of the court of such conviction and sentence, duly certified by such clerk, which shall be sufficient authority for such sheriff to execute the sentence, who shall execute it accordingly.
[ 2010 c 8 s 1059; Code 1881 s 1126; 1873 p 243 s 284; 1854 p 124 s 148; RRS s 2207.]

catchline: Mittimus upon sentence to imprisonment.


title: RCW 10.73.010

text: Appeal by defendant, see Rules of Court.

catchline: Appeal by defendant.


title: RCW 10.73.040

text:
In all criminal actions, except capital cases in which the proof of guilt is clear or the presumption great, upon an appeal being taken from a judgment of conviction, the court in which the judgment was rendered, or a judge thereof, must, by an order entered in the journal or filed with the clerk, fix and determine the amount of bail to be required of the appellant; and the appellant shall be committed until a bond to the state of Washington in the sum so fixed be executed on his or her behalf by at least two sureties possessing the qualifications required for sureties on appeal bonds, such bond to be conditioned that the appellant shall appear whenever required, and stand to and abide by the judgment or orders of the appellate court, and any judgment and order of the superior court that may be rendered or made in pursuance thereof. If the appellant be already at large on bail, his or her sureties shall be liable to the amount of their bond, in the same manner and upon the same conditions as if they had executed the bond prescribed by this section; but the court may by order require a new bond in a larger amount or with new sureties, and may commit the appellant until the order be complied with.
[ 2010 c 8 s 1060; 1999 c 143 s 48; 1893 c 61 s 31; RRS s 1747.]

catchline: Bail pending appeal.


title: RCW 10.73.090

text:
(1) No petition or motion for collateral attack on a judgment and sentence in a criminal case may be filed more than one year after the judgment becomes final if the judgment and sentence is valid on its face and was rendered by a court of competent jurisdiction.
(2) For the purposes of this section, "collateral attack" means any form of postconviction relief other than a direct appeal. "Collateral attack" includes, but is not limited to, a personal restraint petition, a habeas corpus petition, a motion to vacate judgment, a motion to withdraw guilty plea, a motion for a new trial, and a motion to arrest judgment.
(3) For the purposes of this section, a judgment becomes final on the last of the following dates:
(a) The date it is filed with the clerk of the trial court;
(b) The date that an appellate court issues its mandate disposing of a timely direct appeal from the conviction; or
(c) The date that the United States Supreme Court denies a timely petition for certiorari to review a decision affirming the conviction on direct appeal. The filing of a motion to reconsider denial of certiorari does not prevent a judgment from becoming final.
[ 1989 c 395 s 1.]

catchline: Collateral attack—One year time limit.


title: RCW 10.73.100

text:
The time limit specified in RCW 10.73.090 does not apply to a petition or motion that is based solely on one or more of the following grounds:
(1) Newly discovered evidence, if the defendant acted with reasonable diligence in discovering the evidence and filing the petition or motion;
(2) The statute that the defendant was convicted of violating was unconstitutional on its face or as applied to the defendant's conduct;
(3) The conviction was barred by double jeopardy under Amendment V of the United States Constitution or Article I, section 9 of the state Constitution;
(4) The defendant pleaded not guilty and the evidence introduced at trial was insufficient to support the conviction;
(5) The sentence imposed was in excess of the court's jurisdiction;
(6) A motion for a modification of conditions of community custody pursuant to RCW 9.94A.703 and 9.94A.709; or
(7) There has been a significant change in the law, whether substantive or procedural, which is material to the conviction, sentence, or other order entered in a criminal or civil proceeding instituted by the state or local government, and either the legislature has expressly provided that the change in the law is to be applied retroactively, or a court, in interpreting a change in the law that lacks express legislative intent regarding retroactive application, determines that sufficient reasons exist to require retroactive application of the changed legal standard.
[ 2024 c 118 s 8; 1989 c 395 s 2.]
Notes:
Application—Effective date—2024 c 118: See notes following RCW 9.94A.704.

catchline: Collateral attack—When one year limit not applicable.


title: RCW 10.73.110

text:
At the time judgment and sentence is pronounced in a criminal case, the court shall advise the defendant of the time limit specified in RCW 10.73.090 and 10.73.100.
[ 1989 c 395 s 4.]

catchline: Collateral attack—One year time limit—Duty of court to advise defendant.


title: RCW 10.73.120

text:
As soon as practicable after July 23, 1989, the department of corrections shall attempt to advise the following persons of the time limit specified in RCW 10.73.090 and 10.73.100: Every person who, on July 23, 1989, is serving a term of incarceration, probation, parole, or community supervision pursuant to conviction of a felony.
[ 1989 c 395 s 5.]

catchline: Collateral attack—One year time limit—Duty of department of corrections to advise.


title: RCW 10.73.130

text:
RCW 10.73.090 and 10.73.100 apply only to petitions and motions filed more than one year after July 23, 1989.
[ 1989 c 395 s 6.]

catchline: Collateral attack—One year time limit—Applicability.


title: RCW 10.73.140

text:
If a person has previously filed a petition for personal restraint, the court of appeals will not consider the petition unless the person certifies that he or she has not filed a previous petition on similar grounds, and shows good cause why the petitioner did not raise the new grounds in the previous petition. Upon receipt of a personal restraint petition, the court of appeals shall review the petition and determine whether the person has previously filed a petition or petitions and if so, compare them. If upon review, the court of appeals finds that the petitioner has previously raised the same grounds for review, or that the petitioner has failed to show good cause why the ground was not raised earlier, the court of appeals shall dismiss the petition on its own motion without requiring the state to respond to the petition. Upon receipt of a first or subsequent petition, the court of appeals shall, whenever possible, review the petition and determine if the petition is based on frivolous grounds. If frivolous, the court of appeals shall dismiss the petition on its own motion without first requiring the state to respond to the petition.
[ 1989 c 395 s 9.]

catchline: Collateral attack—Subsequent petitions.


title: RCW 10.73.150

text:
Counsel shall be provided at state expense to an adult offender convicted of a crime and to a juvenile offender convicted of an offense when the offender is indigent or indigent and able to contribute as those terms are defined in RCW 10.101.010 and the offender:
(1) Files an appeal as a matter of right;
(2) Responds to an appeal filed as a matter of right or responds to a motion for discretionary review or petition for review filed by the state;
(3) Is under a sentence of death and requests counsel be appointed to file and prosecute a motion or petition for collateral attack as defined in RCW 10.73.090. Counsel may be provided at public expense to file or prosecute a second or subsequent collateral attack on the same judgment and sentence, if the court determines that the collateral attack is not barred by RCW 10.73.090 or 10.73.140;
(4) Is not under a sentence of death and requests counsel to prosecute a collateral attack after the chief judge has determined that the issues raised by the petition are not frivolous, in accordance with the procedure contained in rules of appellate procedure 16.11. Counsel shall not be provided at public expense to file or prosecute a second or subsequent collateral attack on the same judgment and sentence;
(5) Responds to a collateral attack filed by the state or responds to or prosecutes an appeal from a collateral attack that was filed by the state;
(6) Prosecutes a motion or petition for review after the supreme court or court of appeals has accepted discretionary review of a decision of a court of limited jurisdiction; or
(7) Prosecutes a motion or petition for review after the supreme court has accepted discretionary review of a court of appeals decision.
[ 1995 c 275 s 2.]
Notes:
Finding—1995 c 275: "The legislature is aware that the constitutional requirements of equal protection and due process require that counsel be provided for indigent persons and persons who are indigent and able to contribute for the first appeal as a matter of right from a judgment and sentence in a criminal case or a juvenile offender proceeding, and no further. There is no constitutional right to appointment of counsel at public expense to collaterally attack a judgment and sentence in a criminal case or juvenile offender proceeding or to seek discretionary review of a lower appellate court decision.
The legislature finds that it is appropriate to extend the right to counsel at state expense beyond constitutional requirements in certain limited circumstances to persons who are indigent and persons who are indigent and able to contribute as those terms are defined in RCW 10.101.010." [ 1995 c 275 s 1.]
Severability—1995 c 275: "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." [ 1995 c 275 s 5.]

catchline: Right to counsel.


title: RCW 10.73.160

text:
(1) The court of appeals, supreme court, and superior courts may require an adult offender convicted of an offense to pay appellate costs.
(2) Appellate costs are limited to expenses specifically incurred by the state in prosecuting or defending an appeal or collateral attack from a criminal conviction. Appellate costs shall not include expenditures to maintain and operate government agencies that must be made irrespective of specific violations of the law. Expenses incurred for producing a verbatim report of proceedings and clerk's papers may be included in costs the court may require a convicted defendant to pay.
(3) Costs, including recoupment of fees for court-appointed counsel, shall be requested in accordance with the procedures contained in Title 14 of the rules of appellate procedure and in Title 9 of the rules for appeal of decisions of courts of limited jurisdiction. An award of costs shall become part of the trial court judgment and sentence.
(4) A defendant who has been sentenced to pay costs and who has not willfully failed to pay the obligation, as described in RCW 9.94A.6333, 9.94B.040, and 10.01.180, may at any time petition the court that sentenced the defendant or juvenile offender for remission of the payment of costs or of any unpaid portion. If it appears to the satisfaction of the sentencing court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the sentencing court may remit all or part of the amount due in costs, modify the method of payment under RCW 10.01.170, or convert the unpaid costs to community restitution hours, if the jurisdiction operates a community restitution program, at the rate of no less than the state minimum wage established in RCW 49.46.020 for each hour of community restitution. Manifest hardship exists where the defendant or juvenile offender is indigent as defined in RCW 10.01.160(3).
(5) The parents or another person legally obligated to support a juvenile offender who has been ordered to pay appellate costs and who is not in contumacious default in the payment may at any time petition the court that sentenced the juvenile offender for remission of the payment of costs or of any unpaid portion. If it appears to the satisfaction of the sentencing court that payment of the amount due will impose manifest hardship on the parents or another person legally obligated to support a juvenile offender or on their immediate families, the sentencing court may remit all or part of the amount due in costs, or may modify the method of payment.
[ 2022 c 260 s 10; 2018 c 269 s 12; 2015 c 265 s 22; 1995 c 275 s 3.]
Notes:
Construction—Effective date—2022 c 260: See notes following RCW 3.66.120.
Construction—2018 c 269: See note following RCW 10.82.090.
Finding—Intent—2015 c 265: See note following RCW 13.50.010.
Finding—Severability—1995 c 275: See notes following RCW 10.73.150.

catchline: Court fees and costs.


title: RCW 10.73.170

text:
(1) A person convicted of a felony in a Washington state court who currently is serving a term of imprisonment may submit to the court that entered the judgment of conviction a verified written motion requesting DNA testing, with a copy of the motion provided to the state office of public defense.
(2) The motion shall:
(a) State that:
(i) The court ruled that DNA testing did not meet acceptable scientific standards; or
(ii) DNA testing technology was not sufficiently developed to test the DNA evidence in the case; or
(iii) The DNA testing now requested would be significantly more accurate than prior DNA testing or would provide significant new information;
(b) Explain why DNA evidence is material to the identity of the perpetrator of, or accomplice to, the crime, or to sentence enhancement; and
(c) Comply with all other procedural requirements established by court rule.
(3) The court shall grant a motion requesting DNA testing under this section if such motion is in the form required by subsection (2) of this section, and the convicted person has shown the likelihood that the DNA evidence would demonstrate innocence on a more probable than not basis.
(4) Upon written request to the court that entered a judgment of conviction, a convicted person who demonstrates that he or she is indigent under RCW 10.101.010 may request appointment of counsel solely to prepare and present a motion under this section, and the court, in its discretion, may grant the request. Such motion for appointment of counsel shall comply with all procedural requirements established by court rule.
(5) DNA testing ordered under this section shall be performed by the Washington state patrol crime laboratory. Contact with victims shall be handled through victim/witness divisions.
(6) Notwithstanding any other provision of law, upon motion of defense counsel or the court's own motion, a sentencing court in a felony case may order the preservation of any biological material that has been secured in connection with a criminal case, or evidence samples sufficient for testing, in accordance with any court rule adopted for the preservation of evidence. The court must specify the samples to be maintained and the length of time the samples must be preserved.
[ 2005 c 5 s 1; 2003 c 100 s 1; 2001 c 301 s 1; 2000 c 92 s 1.]
Notes:
Effective date—2005 c 5: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 9, 2005]." [ 2005 c 5 s 2.]
Construction—2001 c 301: "Nothing in this act may be construed to create a new or additional cause of action in any court. Nothing in this act shall be construed to limit any rights offenders might otherwise have to court access under any other statutory or constitutional provision." [ 2001 c 301 s 2.]
Report on DNA testing—2000 c 92: "By December 1, 2001, the office of public defense shall prepare a report detailing the following: (1) The number of postconviction DNA test requests approved by the respective prosecutor; (2) the number of postconviction DNA test requests denied by the respective prosecutor and a summary of the basis for the denials; (3) the number of appeals for postconviction DNA testing approved by the attorney general's office; (4) the number of appeals for postconviction DNA testing denied by the attorney general's office and a summary of the basis for the denials; and (5) a summary of the results of the postconviction DNA tests conducted pursuant to RCW 10.73.170 (2) and (3). The report shall also provide an estimate of the number of persons convicted of crimes where DNA evidence was not admitted because the court ruled DNA testing did not meet acceptable scientific standards or where DNA testing technology was not sufficiently developed to test the DNA evidence in the case." [ 2000 c 92 s 2.]
Intent—2000 c 92: "Nothing in chapter 92, Laws of 2000 is intended to create a legal right or cause of action. Nothing in chapter 92, Laws of 2000 is intended to deny or alter any existing legal right or cause of action. Nothing in chapter 92, Laws of 2000 should be interpreted to deny postconviction DNA testing requests under existing law by convicted and incarcerated persons who were sentenced to confinement for a term less than life or the death penalty." [ 2000 c 92 s 4.]

catchline: DNA testing requests.