title: RCW 1.20.110

text:
The Washington state tartan is hereby designated. The tartan shall have a pattern of colors, called a sett, that is made up of a green background with stripes of blue, white, yellow, red, and black. The secretary of state shall register the tartan with the Scottish Register of Tartans.
[ 2019 c 64 s 2; 1991 c 62 s 1.]
Notes:
Explanatory statement—2019 c 64: "RCW 1.08.025 directs the code reviser, with the approval of the statute law committee, to prepare legislation for submission to the legislature "concerning deficiencies, conflicts, or obsolete provisions" in statutes. This act makes technical, nonsubstantive amendments as follows:
(1) Section 2 of this act updates RCW 1.20.110 to reflect 2008 legislation by the Scottish parliament, creating a new register of tartans.
(2) Sections 3, 17, and 19 of this act merge double amendments created when sections were amended without reference to the amendments made in the same year.
(3) Section 4 of this act amends RCW 13.40.193 to reflect a change in subsection numbering of a cross-referenced section.
(4) Section 5 of this act corrects an apparent error in RCW 28B.117.040(1). The reference to "subsection (3)(a) of this section" is incorrect. RCW 28B.117.030(3)(a) was apparently intended.
(5) Sections 6 through 16 of this act amend numerous sections in chapter 29A.92 RCW to replace references to "chapter 113, Laws of 2018" with "this chapter."
(6) Section 18 of this act amends RCW 41.50.033 to remove unnecessary subsection references for a defined term.
(7) Sections 20 through 22 of this act merge double amendments created when sections were amended without cognizance of amendments made in previous years.
(8) Section 23 of this act corrects five references to "emergency volunteer health practitioner" in RCW 70.15.110(1). Reference to "volunteer health practitioner" was apparently intended.
(9) Section 24 of this act corrects an apparent error in RCW 70.305.010 (4) and (5). The reference to RCW 43.216.141 appears erroneous. RCW 43.216.157 was apparently intended.
(10) Section 25 of this act amends RCW 74.13.029 to reflect multiple changes in subsection numbering of a cross-referenced section.
(11) Section 26 of this act adds a definition section to chapter 74.14B RCW to clarify that, pursuant to RCW 43.216.906, "department" refers to the department of children, youth, and families, rather than the department of social and health services." [ 2019 c 64 s 1.]

catchline: State tartan.


doc_type: statute

jurisdiction: wa

title: RCW 1.20.120

text:
The Washington park arboretum is hereby designated as an official arboretum of the state of Washington.
[ 1995 c 82 s 2.]
Notes:
Findings—1995 c 82: "The legislature finds that the arboreta in this state act as living museums devoted to the display and conservation of woody plant species from around the world that can grow in the Pacific Northwest. Arboreta enhance public appreciation for the aesthetic diversity of temperate woody plants; conserve both natural and cultivated woody plant taxa to preserve their diversity for future appreciation; educate the public and students concerning urban landscape use and the natural biology of temperate woody plants; and cooperate with similar institutions in this region and around the world in achieving these common goals. The legislature further finds that arboreta are of increasing importance as world biodiversity declines.
The Washington park arboretum is a two hundred acre living museum that is managed cooperatively by the city of Seattle and the University of Washington. It is devoted to the display and conservation of collections of plants from around the world which can grow in the Pacific Northwest. These plants are used for education, research, conservation, and a sense of public pleasure. The Washington park arboretum, the oldest center for botanical and gardening learning in the Pacific Northwest, is recognized as one of the two foremost collections of woody plants in the United States of America and enjoys an excellent international reputation. The legislature finds that it is fitting and appropriate to recognize the importance of the overall mission of the Washington park arboretum." [ 1995 c 82 s 1.]

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: State arboretum.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 1.20.130

text:
(1)(a) All state and local government statutes, codes, rules, regulations, and other official documents enacted after July 1, 2002, are required to use the term "Asian" when referring to persons of Asian descent. The use of the term "Oriental" is prohibited.
(b) The legislature urges all state and local entities to review their statutes, codes, rules, regulations, and other official documents and revise them to omit the use of the term "Oriental" when referring to persons of Asian descent.
(2) Except where required by federal law or necessary to comply with federal requirements that are a prescribed condition to the allocation of federal funds to the state, all state and local government statutes, codes, rules, regulations, and other official documents enacted after July 1, 2026, shall use the term "noncitizen" or other context-appropriate term, instead of the term "alien," when referring to an individual who is not a citizen or national of the United States. The legislature urges all state and local entities to review their statutes, codes, rules, regulations, and other official documents and revise them to omit the use of the term "alien" when referring to an individual who is not a citizen or national of the Unites States.
[ 2026 c 36 s 2; 2002 c 307 s 2.]
Notes:
Finding—2002 c 307: "The legislature finds that the use of the term "Oriental" when used to refer to persons of Asian descent is outdated and pejorative. There is a need to make clear that the term "Asian" is preferred terminology, and that this more modern and nonpejorative term must be used to replace outdated terminology." [ 2002 c 307 s 1.]
Effective date—2002 c 307: "This act takes effect July 1, 2002." [ 2002 c 307 s 4.]

catchline: Preferred terminology in government documents.


title: RCW 1.20.140

text:
The Walla Walla sweet onion is designated as the official vegetable of the state of Washington.
[ 2007 c 137 s 1.]

catchline: State vegetable.


title: RCW 1.20.150

text:
The Pacific chorus frog, Pseudacris regilla, is hereby designated as the official amphibian of the state of Washington.
[ 2007 c 224 s 1.]

catchline: State amphibian.


title: RCW 1.20.160

text:
The Lady Washington is hereby designated as the official ship of the state of Washington.
[ 2007 c 351 s 1.]

catchline: State ship.


title: RCW 1.20.170

text:
Palouse falls is hereby designated as the official waterfall of the state of Washington.
[ 2014 c 41 s 2.]
Notes:
Findings—2014 c 41: "(1) The tourist industry is a vital part of the state's economy. Palouse falls has visitors numbering averaging over eighty thousand to one hundred thousand per year. The falls drop one hundred ninety-eight feet identifying them as the last remaining year-round waterfalls left by the ice age floods.
(2) Palouse falls was named sixth on the top ten best United States waterfalls list, tenth on the list of the world's most amazing waterfalls, and the site of the world record-breaking kayak drop.
(3) Palouse falls surrounding area is the location for the oldest documented remains found in the western hemisphere; home of the Palouse Native American culture; birthplace of the Appaloosa horse; and documented in Lewis and Clark's journals." [ 2014 c 41 s 1.]

catchline: State waterfall.


title: RCW 1.20.180

text:
The Ostrea lurida is hereby designated the official oyster of the state of Washington. This native oyster species plays an important role in the history and culture that surrounds shellfish in Washington state and along the west coast of the United States. Some of the common and historic names used for this species are Native, Western, Shoalwater, and Olympia.
[ 2014 c 146 s 2.]
Notes:
Finding—2014 c 146: "The Ostrea lurida is the only oyster native to Washington state." [ 2014 c 146 s 1.]

catchline: State oyster.


title: RCW 1.20.190

text:
Washington state is designated a purple heart state that honors people who have received the purple heart award.
[ 2021 c 213 s 2.]
Notes:
Findings—2021 c 213: "(1) Washington state is grateful to be home to multitudes of United States armed forces members, veterans, and their families that have made the choice to protect freedom and our country.
(2) The purple heart medal is the oldest United States military decoration, dating back to 1782 when our state's namesake general George Washington created the badge of military merit to recognize heroic acts by his troops during the revolutionary war. Based on this example, the purple heart medal was created on George Washington's two hundredth birthday, February 22, 1932, and was made available for recognition of meritorious acts that occurred during World War I.
(3) Elizabeth Will designed the award to be a heart shaped medal with a profile image of general Washington that hangs from a purple ribbon.
(4) The purple heart medal is now presented to those members of the armed services who are killed or wounded in action as the result of an act of an enemy of the United States or in military combat.
(5) The state designated August 7th as purple heart recipient recognition day.
(6) The state offers a distinctive license plate for purple heart recipients.
(7) The state has multiple counties, cities, and locations that recognize portions of the transportation system as part of the purple heart trail.
(8) The designation of Washington as a purple heart state authorizes state agencies to honor purple heart recipients and recognize and proclaim the state as a purple heart state." [ 2021 c 213 s 1.]

catchline: Purple heart state.


title: RCW 1.20.200

text:
The sport of pickleball is hereby designated as the official sport of the state of Washington.
[ 2022 c 188 s 2.]
Notes:
Finding—Intent—2022 c 188: "The legislature recognizes that the sport of pickleball was created in 1965 on Bainbridge Island by Joel McFee Pritchard, who went on to be elected lieutenant governor and member of Congress for Washington, along with two of his friends, Bill Bell and Barney McCallum. These men created the game at Pritchard's summer cabin after they "persuaded" their abnormally hyper children to go outside to play a few games of badminton, but there was no badminton equipment to be found. Instead, these fathers did some brainstorming and created a new game using ping-pong paddles, a net, and a neighbor's plastic wiffle ball. The rules that they created for the new game, which they named pickleball, are still used today by the USA Pickleball Association.
The legislature finds that pickleball is a game that can be played by anyone, one-on-one, or as a team, and has expanded far beyond Washington to become a nationally and internationally beloved game; over four million people play pickleball in the United States and there are currently 67 member countries in the International Federation of Pickleball. Soon pickleball will even be televised by Fox Sports. The legislature intends to honor and recognize the Washingtonians who created, popularized, and continue to enjoy this sport by designating pickleball the official sport of the state of Washington." [ 2022 c 188 s 1.]

catchline: State sport.


title: RCW 1.20.210

text:
On the day recognized as water safety day under RCW 1.16.050, individuals who work directly with children, from infants to age 18, in their profession are encouraged to provide training, educational materials, and other resources to the children and their families around water safety, water rescue, and drowning prevention, including a list of locations where caregivers can access swimming lessons for their children.
[ 2023 c 181 s 3.]
Notes:
Findings—Short title—2023 c 181: See notes following RCW 1.16.050.

catchline: Water safety day.


title: RCW 1.20.220

text:
Bull kelp (Nereocystis luetkeana) forests are hereby designated to be the official marine forest of the state of Washington.
[ 2025 c 45 s 2.]
Notes:
Findings—2025 c 45: "(1) As the foundational species of the evergreen state's underwater forests, bull kelp is vital to Washington's culture, commerce, and ecology. Together with understory kelp, other floating kelps, and eelgrass meadows, bull kelp forests provide a mosaic of habitats and food that support the state's marine species like orcas, salmon, rockfish, and pinto abalone, and serve to sustain commercially and culturally important marine fisheries. Bull kelp holds deep cultural significance for tribal nations, continuing to sustain and support tribal communities today as it has for generations. For tribes, access to healthy bull kelp ecosystems within their usual and accustomed grounds, stations, and traditional areas is essential not only as a source of food and traditional materials, but also for spiritual, cultural, and economic practices that have long depended on the kelp forest's vitality. Recognizing this, this act explicitly respects and upholds the treaty rights of Indian tribes. Nothing within this act is intended to alter or infringe upon these inherent rights.
(2) Bull kelp has declined dramatically throughout south and central Puget Sound in recent years, endangering its crucial role in our marine and coastal ecosystems. The Washington state legislature provided initial funding to implement priority actions identified in the Puget Sound kelp conservation and recovery plan during the 2021 and 2023 legislative sessions. Continuing this work, the department of natural resources established the statewide kelp and eelgrass health and conservation plan in 2023 to conserve and recover at least 10,000 acres of kelp forests and eelgrass meadows by 2040, driving collaborative efforts to preserve and restore our bull kelp forests on Washington's coast and in Puget Sound.
(3) Conserving and recovering this vital species relies on awareness that our bull kelp forests are critical to Washington's identity, culture, economy, and ecology. In recognition of this important habitat, the state legislature hereby designates bull kelp (Nereocystis luetkeana) forests as the official state marine forest." [ 2025 c 45 s 1.]

catchline: State marine forest.


title: RCW 1.40.010

text:
There is established a decoration of the state medal of merit with accompanying ribbons and appurtenances for award by the governor, in the name of the state, to any person who has been distinguished by exceptionally meritorious conduct in performing outstanding services to the people and state of Washington, upon the nomination of the governor's state medal of merit committee.
[ 1986 c 92 s 1.]

catchline: State medal of merit established.


title: RCW 1.40.020

text:
There is created the state medal of merit committee for nominating candidates for the award of the state medal of merit. The committee membership consists of the governor, president of the senate, speaker of the house of representatives, and the chief justice of the supreme court, or their designees. The secretary of state shall serve as a nonvoting ex officio member, and shall serve as secretary to the committee. The committee shall meet annually to consider candidates for nomination. The committee shall adopt rules establishing the qualifications for the state medal of merit, the protocol governing the decoration, and the appurtenances necessary to the implementation of this chapter.
[ 1986 c 92 s 2.]


title: RCW 1.40.030

text:
The governor may delegate the awarding of the state medal of merit to the president of the senate, speaker of the house of representatives, or the chief justice of the supreme court.
[ 1986 c 92 s 3.]

catchline: Delegation of authority to make award.


title: RCW 1.40.040

text:
The state medal of merit may be awarded posthumously to be presented to such representative of the deceased as may be deemed appropriate by the governor or the designees specified in RCW 1.40.030.
[ 1986 c 92 s 4.]

catchline: Posthumous award.


title: RCW 1.40.050

text:
The state medal of merit shall not be awarded to any elected official while in office or to any candidate for an elected office.
[ 1986 c 92 s 5.]

catchline: Certain persons prohibited from receiving award.


title: RCW 1.40.060

text:
The decoration of the state medal of merit shall be of bronze and shall consist of the seal of the state of Washington, surrounded by a raised laurel wreath and suspended from a ring attached by a dark green ribbon. The reverse of the decoration within the raised laurel wreath shall be inscribed with the words: "For exceptionally meritorious conduct in performing outstanding services to the people and state of Washington."
[ 1986 c 92 s 6.]

catchline: Appearance of medal—Inscription.


title: RCW 1.50.005

text:
The legislature finds that persons who donate organs help save the lives and promote the well-being of others in a manner that demonstrates the noblest side of human nature. Many families and friends of both the donors and the donees may want to remember the special act of donation in a way that honors the memory of the donor and encourages donation by others in the future.
To recognize the special kindness of those who donate their organs, the legislature establishes the Washington gift of life award.
[ 1999 c 264 s 1; 1998 c 59 s 1.]

catchline: Findings—Intent.


title: RCW 1.50.006

text:
(1) The legislature finds that eighty-four people died waiting for an organ transplant in Washington state in 2013. The legislature further finds that more than two thousand six hundred people are currently waiting for a lifesaving organ transplant in Washington state. Forty of those patients waiting are under the age of eighteen and more than two hundred of those patients have been waiting for more than five years for their lifesaving gift. The legislature further finds that organ donation is a very rare and precious gift. Less than one percent of all people who die are eligible to donate their organs due to the unique circumstances needed at death to donate organs. Every donor is a critical donation to those waiting.
(2) Therefore, the legislature intends to update the gift of life award to recognize all Washington citizens who have donated critical lifesaving organs.
[ 2015 c 8 s 1.]


title: RCW 1.50.010

text:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Organ donor" means an individual who makes an anatomical gift of an organ under chapter 68.64 RCW.
(2) "Organ procurement organization" has the same meaning as in RCW 68.64.010.
[ 2015 c 8 s 2; 2008 c 139 s 25; 1998 c 59 s 2.]
Notes:
Uniformity of application and construction—2008 c 139: See RCW 68.64.902.

catchline: Definitions.


title: RCW 1.50.030

text:
(1) The governor's office shall annually present the Washington gift of life award to families of donors who have donated organs in accordance with chapter 68.64 RCW.
Organ procurement organizations may nominate the individuals eligible under this section to represent all those who have donated organs during the previous calendar year and may submit documentation supporting the eligibility of the individuals to the governor's office. If more than one organ procurement organization is involved, they shall coordinate in harmony to designate by consensus the organ procurement organization among them to have primary administrative responsibility under this chapter.
(2) The governor's office shall present the awards on an annual basis to each eligible organ donor's family in coordination with the organ procurement organization. Only one award may be presented to the family of an organ donor.
(3) Organ procurement organizations shall seek permission from the family of organ donors selected to receive the gift of life award to release the name of the organ donor to the governor's office for printing of a gift of life certificate and use at any gift of life ceremonies or events.
[ 2015 c 8 s 3; 1999 c 264 s 2; 1998 c 59 s 4.]

catchline: Washington gift of life award—Presentation.


title: RCW 1.50.040

text:
The Washington gift of life award shall consist of the seal of the state of Washington and be inscribed with the words: "For the greatest act of kindness in donating organs to save the lives of others."
[ 2015 c 8 s 4; 1999 c 264 s 3; 1998 c 59 s 5.]

catchline: Appearance of award—Inscription.


title: RCW 1.60.010

text:
There is established a decoration of the state medal of valor with accompanying certificate, ribbons, and appurtenances for award by the governor, in the name of the state, to any person or group of persons who has or have saved, or attempted to save, the life of another at the risk of serious injury or death to himself or herself, upon the selection of the governor's state medal of valor committee.
[ 2015 c 4 s 1; 2000 c 224 s 1.]
Notes:
Effective date—2015 c 4: "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 2, 2015]." [ 2015 c 4 s 4.]

catchline: Medal of valor.


title: RCW 1.60.020

text:
There is created the state medal of valor committee for selecting honorees for the award of the state medal of valor. The committee membership consists of the governor, president of the senate, speaker of the house of representatives, and the chief justice of the supreme court, or their designees. The secretary of state shall serve as a nonvoting ex officio member, and shall serve as secretary to the committee. The committee shall meet annually to consider candidates for this award. Any individual may nominate any resident or group of residents of this state for any act of valor covered by this section. The committee shall adopt rules establishing the qualifications for the state medal of valor, the protocol governing the decoration, the certificate, and appurtenances necessary to the implementation of this chapter.
[ 2015 c 4 s 2; 2000 c 224 s 2.]
Notes:
Effective date—2015 c 4: See note following RCW 1.60.010.

catchline: Medal of valor committee.


title: RCW 1.60.030

text:
(1) The award will be presented by the governor of the state of Washington to the recipient or recipients.
(2) If the governor is unable to present the award, the governor may delegate the presenting of the award to the president of the senate, the speaker of the house of representatives, or the chief justice of the supreme court.
[ 2023 c 131 s 1; 2015 c 4 s 3; 2000 c 224 s 3.]
Notes:
Effective date—2015 c 4: See note following RCW 1.60.010.

catchline: Award presentation.


title: RCW 1.60.040

text:
The state medal of valor may be awarded posthumously to be presented to such representative of the deceased as may be deemed appropriate by the committee.
[ 2000 c 224 s 4.]


title: RCW 1.60.050

text:
The state medal of valor will not be awarded to any individual who is acting as a result of service given by any branch of law enforcement, firefighting, rescue, or other hazardous profession where the individual is employed by a government entity within the state of Washington.
[ 2000 c 224 s 5.]

catchline: Hazardous professions excluded.


title: RCW 1.60.060

text:
(1) The decoration of the state medal of valor shall be of .999 pure silver and shall consist of the seal of the state of Washington, surrounded by a raised laurel wreath and suspended from a silver bar device inscribed "For Valor" which is suspended from a ring attached by a dark green ribbon, bordered by silver. The reverse of the decoration within the raised laurel wreath shall be inscribed with the recipient's name and the words: "For exceptionally valorous service, given in the act of saving the life of another."
(2) The certificate accompanying the medal will prominently display: (a) The title, "Washington State Medal of Valor"; (b) the recipient's name; and (c) the phrase, "For exceptionally valorous service, given in the act of saving the life of another." A seven-line citation will also be included on the certificate.
[ 2000 c 224 s 6.]

catchline: Appearance of medal and certificate.


title: RCW 1.70.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
(2) "Legal material" means, whether or not in effect:
(a) The Washington state Constitution;
(b) The session laws of the state of Washington;
(c) The Revised Code of Washington;
(d) A state agency rule that has or had the effect of law;
(e) The Washington State Register; or
(f) The Washington Administrative Code.
(3) "Official publisher" means:
(a) For the Washington state Constitution, the secretary of state;
(b) For session laws of the state of Washington, the statute law committee;
(c) For the Revised Code of Washington, the statute law committee;
(d) For a rule published in the Washington State Register, the statute law committee;
(e) For a rule not published in the Washington State Register, the state agency adopting the rule;
(f) For the Washington State Register, the statute law committee; or
(g) For the Washington Administrative Code, the statute law committee.
(4) "Publish" means to display, present, or release to the public, or cause to be displayed, presented, or released to the public, by the official publisher.
(5) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(6) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
[ 2017 c 106 s 2.]


title: RCW 1.70.020

text:
(1) Except as provided in subsection (2) of this section, this chapter applies to all legal material in an electronic record that is designated as official under RCW 1.70.030 and first published electronically on or after January 1, 2018.
(2) This chapter applies to issues of the Washington State Register in an official electronic record that were first published on or after May 7, 2008.
[ 2017 c 106 s 3.]

catchline: Applicability.


title: RCW 1.70.030

text:
(1) If an official publisher publishes legal material only in an electronic record, the publisher shall:
(a) Designate the electronic record as official; and
(b) Comply with RCW 1.70.040, 1.70.060, and 1.70.070.
(2) An official publisher that publishes legal material in an electronic record and also publishes the material in a record other than an electronic record may designate the electronic record as official if the publisher complies with RCW 1.70.040, 1.70.060, and 1.70.070.
[ 2017 c 106 s 4.]

catchline: Legal material in official electronic record.


title: RCW 1.70.040

text:
An official publisher of legal material in an electronic record that is designated as official under RCW 1.70.030 shall authenticate the record. To authenticate an electronic record, the publisher shall provide a method for a user to determine that the record received by the user from the publisher is unaltered from the official record published by the publisher.
[ 2017 c 106 s 5.]

catchline: Authentication of official electronic record.


title: RCW 1.70.050

text:
(1) Legal material in an electronic record that is authenticated under RCW 1.70.040 is presumed to be an accurate copy of the legal material.
(2) If another state has adopted a law substantially similar to this chapter, legal material in an electronic record that is designated as official and authenticated by the official publisher in that state is presumed to be an accurate copy of the legal material.
(3) A party contesting the authentication of legal material in an electronic record authenticated under RCW 1.70.040 has the burden of proving by a preponderance of the evidence that the record is not authentic.
[ 2017 c 106 s 6.]

catchline: Effect of authentication.


title: RCW 1.70.060

text:
(1) An official publisher of legal material in an electronic record that is or was designated as official under RCW 1.70.030 shall provide for the preservation and security of the record in an electronic form or a form that is not electronic.
(2) If legal material is preserved under subsection (1) of this section in an electronic record, the official publisher shall:
(a) Ensure the integrity of the record;
(b) Provide for backup and disaster recovery of the record; and
(c) Ensure the continuing usability of the material.
[ 2017 c 106 s 7.]

catchline: Preservation and security of legal material in official electronic record.


title: RCW 1.70.070

text:
An official publisher of legal material in an electronic record that is required to be preserved under RCW 1.70.060 shall ensure that the material is reasonably available for use by the public on a permanent basis.
[ 2017 c 106 s 8.]

catchline: Public access to legal material in official electronic record.


title: RCW 1.70.080

text:
In implementing this chapter, an official publisher of legal material in an electronic record shall consider:
(1) Standards and practices of other jurisdictions;
(2) The most recent standards regarding authentication of, preservation and security of, and public access to, legal material in an electronic record and other electronic records, as promulgated by national standard-setting bodies;
(3) The needs of users of legal material in an electronic record;
(4) The views of governmental officials and entities and other interested persons; and
(5) To the extent practicable, methods and technologies for the authentication of, preservation and security of, and public access to, legal material which are compatible with the methods and technologies used by other official publishers in this state and in other states that have adopted a law substantially similar to this chapter.
[ 2017 c 106 s 9.]

catchline: Standards.


title: RCW 1.70.090

text:
This chapter does not apply to any court or agency of the judicial branch.
[ 2017 c 106 s 12.]

catchline: Courts excluded.


title: RCW 1.70.900

text:
This chapter may be known and cited as the uniform electronic legal material act.
[ 2017 c 106 s 1.]

catchline: Short title.


title: RCW 1.70.901

text:
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
[ 2017 c 106 s 10.]

catchline: Uniformity of application and construction.


title: RCW 1.70.902

text:
This chapter modifies, limits, and supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
[ 2017 c 106 s 11.]

catchline: Relation to electronic signatures in global and national commerce act.


title: RCW 1.70.903

text:
This act takes effect January 1, 2018.
[ 2017 c 106 s 13.]

catchline: Effective date—2017 c 106.


title: RCW 1.80.010

text:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Agreement" means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction.
(2) "Automated transaction" means a transaction conducted or performed, in whole or in part, by electronic means or electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction.
(3) "Blockchain" means a cryptographically secured, chronological, and decentralized consensus ledger or consensus database maintained via internet, peer-to-peer network, or other similar interaction.
(4) "Computer program" means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result.
(5) "Contract" means the total legal obligation resulting from the parties' agreement as affected by this chapter and other applicable law.
(6) "Distributed ledger technology" means any distributed ledger protocol and supporting infrastructure, including blockchain, that uses a distributed, decentralized, shared, and replicated ledger.
(7) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities, including without limitation blockchain and distributed ledger technology.
(8) "Electronic agent" means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual.
(9) "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means.
(10) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
(11) "Governmental agency" means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state.
(12) "Information" means data, text, images, sounds, codes, computer programs, software, databases, or the like.
(13) "Information processing system" means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information.
(14) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity.
(15) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(16) "Security procedure" means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, or callback or other acknowledgment procedures.
(17) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state.
(18) "Transaction" means an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs.
[ 2020 c 57 s 2.]

catchline: Definitions.


title: RCW 1.80.020

text:
(1) Except as otherwise provided in subsection (2) of this section, this chapter applies to electronic records and electronic signatures relating to a transaction.
(2) This chapter does not apply to a transaction to the extent it is governed by:
(a) A law governing the creation and execution of wills, codicils, or testamentary trusts. However, this chapter applies to nonjudicial settlement agreements under RCW 11.96A.220; and
(b) Title 62A RCW other than RCW 62A.1-306 and chapters 62A.2 and 62A.2A RCW.
(3) This chapter applies to an electronic record or electronic signature otherwise excluded from the application of this chapter under subsection (2) of this section to the extent it is governed by a law other than those specified in subsection (2) of this section.
(4) A transaction subject to this chapter is also subject to other applicable substantive law.
[ 2024 c 188 s 17; 2020 c 57 s 3.]

catchline: Scope.


title: RCW 1.80.030

text:
This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after June 11, 2020.
[ 2020 c 57 s 4.]

catchline: Prospective application.


title: RCW 1.80.040

text:
(1) This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.
(2) This chapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
(3) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
(4) Except as otherwise provided in this chapter, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this chapter of the words "unless otherwise agreed," or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.
(5) Whether an electronic record or electronic signature has legal consequences is determined by this chapter and other applicable law.
[ 2020 c 57 s 5.]

catchline: Use of electronic records and electronic signatures—Variation by agreement.


title: RCW 1.80.050

text:
This chapter must be construed and applied:
(1) To facilitate electronic transactions consistent with other applicable law;
(2) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and
(3) To effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.
[ 2020 c 57 s 6.]

catchline: Construction and application.


title: RCW 1.80.060

text:
(1) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
(2) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
(3) If a law requires a record to be in writing, an electronic record satisfies the law.
(4) If a law requires a signature, an electronic signature satisfies the law.
[ 2020 c 57 s 7.]

catchline: Legal recognition of electronic records, electronic signatures, and electronic contracts.


title: RCW 1.80.070

text:
(1) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.
(2) If a law other than this chapter requires a record (a) to be posted or displayed in a certain manner, (b) to be sent, communicated, or transmitted by a specified method, or (c) to contain information that is formatted in a certain manner, the following rules apply:
(i) The record must be posted or displayed in the manner specified in the other law.
(ii) Except as otherwise provided in subsection (4)(b) of this section, the record must be sent, communicated, or transmitted by the method specified in the other law.
(iii) The record must contain the information formatted in the manner specified in the other law.
(3) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.
(4) The requirements of this section may not be varied by agreement, but:
(a) To the extent a law other than this chapter requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (1) of this section that the information be in the form of an electronic record capable of retention may also be varied by agreement; and
(b) A requirement under a law other than this chapter to send, communicate, or transmit a record by regular United States mail may be varied by agreement to the extent permitted by the other law.
[ 2020 c 57 s 8.]

catchline: Provision of information in writing—Presentation of records.


title: RCW 1.80.080

text:
(1) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
(2) The effect of an electronic record or electronic signature attributed to a person under subsection (1) of this section is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law.
[ 2020 c 57 s 9.]

catchline: Attribution and effect of electronic record and electronic signature.


title: RCW 1.80.090

text:
If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:
(1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record.
(2) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:
(a) Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;
(b) Takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and
(c) Has not used or received any benefit or value from the consideration, if any, received from the other person.
(3) If neither subsection (1) of this section nor subsection (2) of this section applies, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any.
(4) Subsections (2) and (3) of this section may not be varied by agreement.
[ 2020 c 57 s 10.]

catchline: Effect of change or error.


title: RCW 1.80.100

text:
If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
[ 2020 c 57 s 11.]

catchline: Notarization, acknowledgment, verification, or under oath.


title: RCW 1.80.110

text:
(1) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record which:
(a) Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and
(b) Remains accessible for later reference.
(2) A requirement to retain a record in accordance with subsection (1) of this section does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received.
(3) A person may satisfy subsection (1) of this section by using the services of another person if the requirements of that subsection are satisfied.
(4) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection (1) of this section.
(5) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (1) of this section.
(6) A record retained as an electronic record in accordance with subsection (1) of this section satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after June 11, 2020, specifically prohibits the use of an electronic record for the specified purpose.
(7) This section does not preclude a governmental agency of this state from specifying additional requirements for the retention of a record subject to the agency's jurisdiction.
[ 2020 c 57 s 12.]

catchline: Retention of electronic records—Originals.


title: RCW 1.80.120

text:
In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
[ 2020 c 57 s 13.]

catchline: Admissibility in evidence.


title: RCW 1.80.130

text:
In an automated transaction, the following rules apply:
(1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements.
(2) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance.
(3) The terms of the contract are determined by the substantive law applicable to it.
[ 2020 c 57 s 14.]

catchline: Automated transaction.


title: RCW 1.80.140

text:
(1) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:
(a) Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;
(b) Is in a form capable of being processed by that system; and
(c) Enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient.
(2) Unless otherwise agreed between a sender and the recipient, an electronic record is received when:
(a) It enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and
(b) It is in a form capable of being processed by that system.
(3) Subsection (2) of this section applies even if the place the information processing system is located is different from the place the electronic record is deemed to be received under subsection (4) of this section.
(4) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business. For purposes of this subsection, the following rules apply:
(a) If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction.
(b) If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be.
(5) An electronic record is received under subsection (2) of this section even if no individual is aware of its receipt.
(6) Receipt of an electronic acknowledgment from an information processing system described in subsection (2) of this section establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.
(7) If a person is aware that an electronic record purportedly sent under subsection (1) of this section, or purportedly received under subsection (2) of this section, was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection may not be varied by agreement.
[ 2020 c 57 s 15.]

catchline: Time and place of sending and receipt.


title: RCW 1.80.150

text:
(1) In this section, "transferable record" means an electronic record that:
(a) Would be a note under chapter 62A.3 RCW or a document under chapter 62A.7 RCW if the electronic record were in writing; and
(b) The issuer of the electronic record expressly has agreed is a transferable record.
(2) A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred.
(3) A system satisfies subsection (2) of this section, and a person is deemed to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that:
(a) A single authoritative copy of the transferable record exists which is unique, identifiable, and, except as otherwise provided in (d), (e), and (f) of this subsection, unalterable;
(b) The authoritative copy identifies the person asserting control as:
(i) The person to which the transferable record was issued; or
(ii) If the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred;
(c) The authoritative copy is communicated to and maintained by the person asserting control or its designated custodian;
(d) Copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control;
(e) Each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and
(f) Any revision of the authoritative copy is readily identifiable as authorized or unauthorized.
(4) Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in RCW 62A.1-201(b)(21), of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under the uniform commercial code including, if the applicable statutory requirements under RCW 62A.3-302(a), 62A.7-501, or 62A.9A-330 are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable document of title has been duly negotiated, or a purchaser, respectively. Delivery, possession, and endorsement are not required to obtain or exercise any of the rights under this subsection.
(5) Except as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent obligor under equivalent records or writings under the uniform commercial code.
(6) If requested by a person against which enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. Proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record.
[ 2020 c 57 s 16.]

catchline: Transferable records.


title: RCW 1.80.160

text:
Each governmental agency of this state shall determine whether, and the extent to which, a governmental agency will create and retain electronic records and convert written records to electronic records.
[ 2020 c 57 s 17.]

catchline: Creation and retention of electronic records and conversion of written records by governmental agencies.


title: RCW 1.80.170

text:
(1) Except as otherwise provided in RCW 1.80.110(6), each governmental agency of this state shall determine whether, and the extent to which, a governmental agency will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.
(2) To the extent that a governmental agency uses electronic records and electronic signatures under subsection (1) of this section, the governmental agency, giving due consideration to security, may specify:
(a) The manner and format in which the electronic records must be created, generated, sent, communicated, received, and stored and the systems established for those purposes;
(b) If electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, any third party used by a person filing a document to facilitate the process;
(c) Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records; and
(d) Any other required attributes for electronic records which are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.
(3) Except as otherwise provided in RCW 1.80.110(6), this chapter does not require a governmental agency of this state to use or permit the use of electronic records or electronic signatures.
[ 2020 c 57 s 18.]

catchline: Acceptance and distribution of electronic records by governmental agencies.


title: RCW 1.80.180

text:
The governmental agency of this state which adopts standards pursuant to RCW 1.80.170 may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovernmental persons interacting with governmental agencies of this state. If appropriate, those standards may specify differing levels of standards from which governmental agencies of this state may choose in implementing the most appropriate standard for a particular application.
[ 2020 c 57 s 19.]

catchline: Consistency and interoperability.


title: RCW 1.80.190

text:
This chapter modifies, limits, and supersedes the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
[ 2020 c 57 s 20.]

catchline: Relation to electronic signatures in global and national commerce act.


title: RCW 1.80.900

text:
This chapter may be known and cited as the uniform electronic transactions act.
[ 2020 c 57 s 1.]

catchline: Short title.


title: RCW 1.90.100

text:
(1) Neither the state nor any county, city, or other local jurisdiction in the state of Washington may tax any individual person on any form of personal income. For the purposes of this chapter, "income" has the same meaning as "gross income" in 26 U.S.C. Sec. 61.
(2) Subsection (1) of this section does not apply to the tax authorized in chapter 82A.04 RCW so long as the standard deduction is at least $1,000,000 for a household.
[ 2026 c 238 s 1201; 2024 c 5 s 1 (Initiative Measure No. 2111).]
Notes:
Findings—Intent—Effect of invalidation of 2026 c 238 s 201—Automatic expiration date and tax preference performance statement exemption—Necessity of act—Intent—Implementation by department of revenue—2026 c 238: See notes following RCW 82A.04.030.

catchline: Personal income tax prohibition.


title: RCW 10.01.030

text:
All the forms of pleading in criminal actions heretofore existing, are abolished; and hereafter, the forms of pleading, and the rules by which the sufficiency of pleadings is to be determined, are those prescribed herein.
[Code 1881 s 1002; 1873 p 224 s 185; 1869 p 240 s 180; RRS s 2022.]

catchline: Pleadings—Forms abolished.


title: RCW 10.01.040

text:
No offense committed and no penalty or forfeiture incurred previous to the time when any statutory provision shall be repealed, whether such repeal be express or implied, shall be affected by such repeal, unless a contrary intention is expressly declared in the repealing act, and no prosecution for any offense, or for the recovery of any penalty or forfeiture, pending at the time any statutory provision shall be repealed, whether such repeal be express or implied, shall be affected by such repeal, but the same shall proceed in all respects, as if such provision had not been repealed, unless a contrary intention is expressly declared in the repealing act. Whenever any criminal or penal statute shall be amended or repealed, all offenses committed or penalties or forfeitures incurred while it was in force shall be punished or enforced as if it were in force, notwithstanding such amendment or repeal, unless a contrary intention is expressly declared in the amendatory or repealing act, and every such amendatory or repealing statute shall be so construed as to save all criminal and penal proceedings, and proceedings to recover forfeitures, pending at the time of its enactment, unless a contrary intention is expressly declared therein.
[ 1901 ex.s. c 6 s 1; RRS s 2006.]

catchline: Statutes—Repeal or amendment—Saving clause presumed.


title: RCW 10.01.050

text:
No person charged with any offense against the law shall be punished for such offense, unless he or she shall have been duly and legally convicted thereof in a court having competent jurisdiction of the case and of the person.
[ 2010 c 8 s 1001; Code 1881 s 770; 1854 p 76 s 6; RRS s 2118.]


title: RCW 10.01.060

text:
No person informed against or indicted for a crime shall be convicted thereof, unless by admitting the truth of the charge in his or her plea, by confession in open court, or by the verdict of a jury, accepted and recorded by the court: PROVIDED HOWEVER, That except in capital cases, where the person informed against or indicted for a crime is represented by counsel, such person may, with the assent of the court, waive trial by jury and submit to trial by the court.
[ 2010 c 8 s 1002; 1951 c 52 s 1; 1909 c 249 s 57; 1891 c 28 s 91; Code 1881 s 767; 1873 p 180 s 3; 1869 p 198 s 3; 1859 p 105 s 3; 1854 p 76 s 3; RRS s 2309.]
Notes:
Self-incriminating testimony: State Constitution Art. 1 s 9.

catchline: Conviction—Requisites—Waiver of jury trial.


title: RCW 10.01.070

text:
(1) Whenever an indictment or information shall be filed in any superior court against an entity charging it with the commission of a crime, a summons shall be issued by the clerk of such court, signed by one of the judges thereof, commanding the sheriff forthwith to notify the accused thereof, and commanding it to appear before such court at such time as shall be specified in said summons. Such summons and a copy of the indictment or information shall be at once delivered by such clerk to said sheriff and by the sheriff forthwith served and returned in the manner provided for service of summons upon such entity in a civil action. Whenever a complaint against an entity, charging it with the commission of a crime, shall be made before any district or municipal judge, a like summons, signed by such judge, shall be issued, which, together with a copy of said complaint, shall be delivered to the sheriff at once and by the sheriff forthwith served as herein provided.
(2) For the purposes of this section, "entity" has the same meaning as provided in RCW 9A.08.030.
[ 2019 c 211 s 3; 1987 c 202 s 147; 1911 c 29 s 1; RRS s 2011-1.]
Notes:
Short title—2019 c 211: See note following RCW 10.01.090.
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Entities—Amenable to criminal process—How.


title: RCW 10.01.090

text:
(1) An entity convicted of an offense may be ordered to pay legal financial obligations, including restitution, crime victims' assessments, costs, fines, penalties, and other assessments authorized or required by law. Legal financial obligations imposed upon an entity shall be entered and docketed by the clerk, or district or municipal court as a judgment against the entity, and it shall be of the same force and effect and be enforced against such entity in the same manner as a judgment in a civil action. Notwithstanding any other provisions pertaining to legal financial obligations, all legal financial obligations imposed in a judgment against an entity under this section bear interest from the date of the judgment until payment at the rate applicable to civil judgments under RCW 4.56.110. When an entity is ordered to pay restitution, payments to the clerk must be distributed to restitution prior to all other obligations.
(2) Except as otherwise provided under subsection (1) of this section, payments on legal financial obligations must be collected and distributed according to the requirements under RCW 3.50.100, 3.62.020, 3.62.040, 9.92.070, 9.94A.760, 10.01.160, 10.01.170, 10.01.180, 10.46.190, 10.64.015, 10.73.160, 10.82.090, 35.20.220, and any other sections applicable to legal financial obligations imposed as a result of a criminal conviction.
(3) For the purposes of this section, "entity" has the same meaning as provided in RCW 9A.08.030.
[ 2019 c 211 s 4; 1987 c 202 s 148; 1911 c 29 s 3; RRS s 2011-3.]
Notes:
Short title—2019 c 211: "This act shall be known and cited as the corporate crime act." [ 2019 c 211 s 1.]
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Entities—Judgment against.


title: RCW 10.01.100

text:
(1) When imposed on an entity for any criminal offense for which no special business fine is specified, a sentence to pay a fine may not exceed:
(a) One million dollars for a class A felony;
(b) Seven hundred fifty thousand dollars for a class B felony;
(c) Five hundred thousand dollars for a class C felony;
(d) Two hundred fifty thousand dollars for a gross misdemeanor; and
(e) Fifty thousand dollars for a misdemeanor.
(2) If a special fine for entities is expressly specified in the statute that defines an offense, the fine fixed must be within the limits specified in the statute.
(3) For the purposes of this section, "entity" has the same meaning as provided in RCW 9A.08.030.
[ 2019 c 211 s 5; 1925 ex.s. c 101 s 1; RRS s 2011-4.]
Notes:
Short title—2019 c 211: See note following RCW 10.01.090.

catchline: Entities—Fines.


title: RCW 10.01.120

text:
Whenever a prisoner has been sentenced to death, the governor shall have power to commute such sentence to imprisonment for life at hard labor; and in all cases in which the governor is authorized to grant pardons or commute sentence of death, he or she may, upon the petition of the person convicted, commute a sentence or grant a pardon, upon such conditions, and with such restrictions, and under such limitations as he or she may think proper; and he or she may issue his or her warrant to all proper officers to carry into effect such pardon or commutation, which warrant shall be obeyed and executed, instead of the sentence, if any, which was originally given. The governor may also, on good cause shown, grant respites or reprieves from time to time as he or she may think proper.
[ 2010 c 8 s 1003; Code 1881 s 1136; 1854 p 128 s 174; RRS s 2223.]
Notes:
Governor's powers: State Constitution Art. 3 ss 9, 11.
Record of pardons, etc., governor to keep: RCW 43.06.020.

catchline: Pardons—Reprieves—Commutations.


title: RCW 10.01.130

text:
No fees shall be allowed to witnesses in criminal causes unless they shall have reported their attendance at the close of each day's session to the clerk in attendance thereon.
[ 1895 c 10 s 1; RRS s 498, part. FORMER PART OF SECTION: 1895 c 10 s 2; RRS s 498, part, now codified as RCW 10.01.140.]
Notes:
Rules of court: Cf. CrR 6.12.
Witness fees: Chapters 2.40, 12.16 RCW.

catchline: Witnesses' fees.


title: RCW 10.01.140

text:
No allowance of mileage shall be made to a juror or witness who has not verified his or her claim of mileage under oath before the clerk of the court on which he or she is in attendance.
[ 2010 c 8 s 1004; 1895 c 10 s 2; RRS s 498, part. Formerly RCW 10.01.130, part.]

catchline: Mileage allowance—Jurors—Witnesses.


title: RCW 10.01.150

text:
Whenever a state officer or employee is charged with a criminal offense arising out of the performance of an official act which was fully in conformity with established written rules, policies, and guidelines of the state or state agency, the employing agency may request the attorney general to defend the officer or employee. If the agency finds, and the attorney general concurs, that the officer's or employee's conduct was fully in accordance with established written rules, policies, and guidelines of the state or a state agency and the act performed was within the scope of employment, then the request shall be granted and the costs of defense shall be paid by the requesting agency: PROVIDED, HOWEVER, If the agency head is the person charged, then approval must be obtained from both the attorney general and the state auditor. If the court finds that the officer or employee was performing an official act, or was within the scope of employment, and that his or her actions were in conformity with the established rules, regulations, policies, and guidelines of the state and the state agency, the cost of any monetary fine assessed shall be paid from the liability account.
[ 2010 c 8 s 1005; 1999 c 163 s 6; 1975 1st ex.s. c 144 s 1.]
Notes:
Effective date—1999 c 163: See note following RCW 4.92.130.

catchline: Charges arising from official acts of state officers or employees—Defense by attorney general.


title: RCW 10.01.160

text:
(1) Except as provided in subsection (3) of this section, the court may require a defendant to pay costs. Costs may be imposed only upon a convicted defendant, except for costs imposed upon a defendant's entry into a deferred prosecution program, costs imposed upon a defendant for pretrial supervision, or costs imposed upon a defendant for preparing and serving a warrant for failure to appear.
(2) Costs shall be limited to expenses specially incurred by the state in prosecuting the defendant or in administering the deferred prosecution program under chapter 10.05 RCW or pretrial supervision. They cannot include expenses inherent in providing a constitutionally guaranteed jury trial or expenditures in connection with the maintenance and operation of government agencies that must be made by the public irrespective of specific violations of law. Expenses incurred for serving of warrants for failure to appear and jury fees under RCW 10.46.190 may be included in costs the court may require a defendant to pay. Costs for administering a deferred prosecution may not exceed $250. Costs for administering a pretrial supervision other than a pretrial electronic alcohol monitoring program, drug monitoring program, or 24/7 sobriety program may not exceed $150. Costs for preparing and serving a warrant for failure to appear may not exceed $100. Costs of incarceration imposed on a defendant convicted of a misdemeanor or a gross misdemeanor may not exceed the actual cost of incarceration. In no case may the court require the offender to pay more than $100 per day for the cost of incarceration. Payment of other court-ordered financial obligations, including all legal financial obligations and costs of supervision take precedence over the payment of the cost of incarceration ordered by the court. All funds received from defendants for the cost of incarceration in the county or city jail must be remitted for criminal justice purposes to the county or city that is responsible for the defendant's jail costs. Costs imposed constitute a judgment against a defendant and survive a dismissal of the underlying action against the defendant. However, if the defendant is acquitted on the underlying action, the costs for preparing and serving a warrant for failure to appear do not survive the acquittal, and the judgment that such costs would otherwise constitute shall be vacated.
(3) The court shall not order a defendant to pay costs if the defendant at the time of sentencing is indigent. In determining the amount and method of payment of costs for defendants who are not indigent, the court shall take account of the financial resources of the defendant and the nature of the burden that payment of costs will impose. For the purposes of this section, a defendant is "indigent" if the defendant: (a) Meets the criteria defined in RCW 10.101.010(3) (a) through (c); (b) is homeless or mentally ill as defined in RCW 71.24.025; (c) has household income above 125 percent of the federal poverty guidelines and has recurring basic living costs, as defined in RCW 10.101.010, that render the defendant without the financial ability to pay; or (d) has other compelling circumstances that exist that demonstrate an inability to pay.
(4) A defendant who has been ordered 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 sentencing court for remission of the payment of costs or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the 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 is indigent as defined in subsection (3) of this section.
(5) Except for direct costs relating to evaluating and reporting to the court, prosecutor, or defense counsel regarding a defendant's competency to stand trial as provided in RCW 10.77.400, this section shall not apply to costs related to medical or mental health treatment or services a defendant receives while in custody of the secretary of the department of social and health services or other governmental units. This section shall not prevent the secretary of the department of social and health services or other governmental units from imposing liability and seeking reimbursement from a defendant committed to an appropriate facility as provided in RCW 10.77.635 while criminal proceedings are stayed. This section shall also not prevent governmental units from imposing liability on defendants for costs related to providing medical or mental health treatment while the defendant is in the governmental unit's custody. Medical or mental health treatment and services a defendant receives at a state hospital or other facility are not a cost of prosecution and shall be recoverable under RCW 10.77.129 and 70.48.130, chapter 43.20B RCW, and any other applicable statute.
[ 2022 c 260 s 9; 2018 c 269 s 6; 2015 3rd sp.s. c 35 s 1; 2010 c 54 s 1; 2008 c 318 s 2; 2007 c 367 s 3; 2005 c 263 s 2; 1995 c 221 s 1; 1994 c 192 s 1; 1991 c 247 s 4; 1987 c 363 s 1; 1985 c 389 s 1; 1975-'76 2nd ex.s. c 96 s 1.]
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.
Findings—Intent—2008 c 318: "The legislature finds that because of the decision in Utter v. DSHS, 165 P.3d 399 (Wash. 2007), there is unintended ambiguity about the authority of the secretary of the department of social and health services under the criminal procedure act to seek reimbursement from defendants under RCW 10.77.250 who are committed for competency evaluation and mental health treatment under RCW 10.77.060 and 10.77.084, and the general provision prohibiting a criminal defendant from being charged for prosecution related costs prior to conviction provided in RCW 10.01.160. Mental health evaluation and treatment, and other medical treatment relate entirely to the medically necessary care that defendants receive at state hospitals and other facilities. The legislature intended for treatment costs to be the responsibility of the defendant's insurers and ultimately the defendant based on their ability to pay, and it is permissible under chapters 10.77, 70.48, and 43.20B RCW for the state and other governmental units to assess financial liability on defendants who become patients and receive medical and mental health care. The legislature further finds that it intended that a court order staying criminal proceedings under RCW 10.77.084, and committing a defendant to the custody of the secretary of the department of social and health services for placement in an appropriate facility involve costs payable by the defendant, because the commitment primarily and directly benefits the defendant through treatment of their medical and mental health conditions. The legislature did not intend for medical and mental health services provided to a defendant in the custody of a governmental unit, and the associated costs, to be costs related to the prosecution of the defendant. Thus, if a court orders a stay of the criminal proceeding under RCW 10.77.084 and orders commitment to the custody of the secretary, or if at any time a defendant receives other medical care while in custody of a governmental unit, but prior to conviction, the costs associated with such care shall be the responsibility of the defendant and the defendant's insurers as provided in chapters 10.77, 70.48, and 43.20B RCW. The intent of the legislature is to clarify this reimbursement requirement, and the purpose of this act is to make retroactive, remedial, curative, and technical amendments in order to resolve any ambiguity about the legislature's intent in enacting these chapters." [ 2008 c 318 s 1.]
Effective date—2008 c 318: "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 [April 1, 2008]." [ 2008 c 318 s 3.]
Commitment for failure to pay fine and costs: RCW 10.70.010, 10.82.030.
Defendant liable for costs: RCW 10.64.015.
Fine and costs—Collection and disposition: Chapter 10.82 RCW.

catchline: Costs—What constitutes—Payment by defendant—Procedure—Remission—Medical or mental health treatment or services.


title: RCW 10.01.170

text:
(1) When a defendant is sentenced to pay fines, penalties, assessments, fees, restitution, or costs, the court may grant permission for payment to be made within a specified period of time or in specified installments. If the court finds that the defendant is indigent as defined in RCW 10.01.160(3), the court shall grant permission for payment to be made within a specified period of time or in specified installments. If no such permission is included in the sentence the fine or costs shall be payable forthwith.
(2) An offender's monthly payment shall be applied in the following order of priority until satisfied:
(a) First, proportionally to restitution to victims that have not been fully compensated from other sources;
(b) Second, proportionally to restitution to insurance or other sources with respect to a loss that has provided compensation to victims;
(c) Third, proportionally to crime victims' assessments; and
(d) Fourth, proportionally to costs, fines, and other assessments required by law.
[ 2022 c 260 s 19; 2018 c 269 s 7; 1975-'76 2nd ex.s. c 96 s 2.]
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.
Payment of fine and costs in installments: RCW 9.92.070.

catchline: Fine or costs—Payment within specified time or installments—Payment priority order.


title: RCW 10.01.180

text:
(1) A defendant sentenced to pay any fine, penalty, assessment, fee, or costs who willfully defaults in the payment thereof or of any installment is in contempt of court as provided in chapter 7.21 RCW. The court may issue a warrant of arrest for his or her appearance.
(2) When any fine, penalty, assessment, fee, or assessment of costs is imposed on a corporation or unincorporated association, it is the duty of the person authorized to make disbursement from the assets of the corporation or association to pay the obligation from those assets, and his or her failure to do so may be held to be contempt.
(3)(a) The court shall not sanction a defendant for contempt based on failure to pay fines, penalties, assessments, fees, or costs unless the court finds, after a hearing and on the record, that the failure to pay is willful. A failure to pay is willful if the defendant has the current ability to pay but refuses to do so.
(b) In determining whether the defendant has the current ability to pay, the court shall inquire into and consider: (i) The defendant's income and assets; (ii) the defendant's basic living costs as defined by RCW 10.101.010 and other liabilities including child support and other legal financial obligations; and (iii) the defendant's bona fide efforts to acquire additional resources. A defendant who is indigent as defined in RCW 10.01.160(3) is presumed to lack the current ability to pay.
(c) If the court determines that the defendant is homeless or a person who is mentally ill, as defined in RCW 71.24.025, failure to pay a legal financial obligation is not willful contempt and shall not subject the defendant to penalties.
(4) If a term of imprisonment for contempt for nonpayment of any fine, penalty, assessment, fee, or costs is ordered, the term of imprisonment shall be set forth in the commitment order, and shall not exceed one day for each $25 of the amount ordered, 30 days if the amount ordered of costs was imposed upon conviction of a violation or misdemeanor, or one year in any other case, whichever is the shorter period. A person committed for nonpayment of any fine, penalty, assessment, fee, or costs shall be given credit toward payment for each day of imprisonment at the rate specified in the commitment order.
(5) If it appears to the satisfaction of the court that the default in the payment of any fine, penalty, assessment, fee, or costs is not willful contempt, the court may, and if the defendant is indigent as defined in RCW 10.01.160(3), the court shall enter an order: (a) Allowing the defendant additional time for payment; (b) reducing the amount thereof or of each installment; (c) revoking the fine, penalty, assessment, fee, or costs or the unpaid portion thereof in whole or in part; or (d) converting the unpaid fine, penalty, assessment, fee, or 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.
(6) A default in the payment of any fine, penalty, assessment, fee, or costs or any installment thereof may be collected by any means authorized by law for the enforcement of a judgment. The levy of execution for the collection of any fine, penalty, assessment, fee, or costs shall not discharge a defendant committed to imprisonment for contempt until the amount has actually been collected.
[ 2023 c 449 s 12; 2022 c 260 s 15; 2018 c 269 s 8; 2010 c 8 s 1006; 1989 c 373 s 13; 1975-'76 2nd ex.s. c 96 s 3.]
Notes:
Effective date—2023 c 449: See note following RCW 13.40.058.
Construction—Effective date—2022 c 260: See notes following RCW 3.66.120.
Construction—2018 c 269: See note following RCW 10.82.090.
Fine and costs—Collection procedure, commitment for failure to pay, execution against defendant's property: Chapter 10.82 RCW.

catchline: Fine or costs—Default in payment—Contempt of court—Enforcement, collection procedures.


title: RCW 10.01.185

text:
A defendant who has been ordered to pay fines 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 sentencing court for remission of the payment of fines or of any unpaid portion thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's immediate family, the court may remit all or part of the amount due in fines, modify the method of payment under RCW 10.01.170, or convert the unpaid amounts 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 is indigent as defined in RCW 10.01.160(3).
[ 2022 c 260 s 8.]
Notes:
Construction—Effective date—2022 c 260: See notes following RCW 3.66.120.

catchline: Remission of fines.


title: RCW 10.01.190

text:
In any criminal proceeding instituted or conducted by the attorney general, the attorney general and assistants are deemed to be prosecuting attorneys and have all prosecutorial powers vested in prosecuting attorneys of the state of Washington by statute or court rule.
[ 1981 c 335 s 4.]
Notes:
Purpose—1981 c 335: See RCW 43.10.230.

catchline: Prosecutorial powers of attorney general.


title: RCW 10.01.200

text:
The court shall provide written notification to any defendant charged with a sex offense or kidnapping offense of the registration requirements of RCW 9A.44.130. Such notice shall be included on any guilty plea forms and judgment and sentence forms provided to the defendant.
[ 1997 c 113 s 5; 1990 c 3 s 404.]
Notes:
Reviser's note: The definitions in RCW 9A.44.128 apply to this section.
Findings—1997 c 113: See note following RCW 4.24.550.
Sex offense and kidnapping offense defined: RCW 9A.44.128.

catchline: Registration of sex offenders and kidnapping offenders—Notice to defendants.


title: RCW 10.01.210

text:
Any and all law enforcement agencies and personnel, criminal justice attorneys, sentencing judges, and state and local correctional facilities and personnel may, but are not required to, give any and all offenders either written or oral notice, or both, of the sanctions imposed and criminal justice changes regarding armed offenders, including but not limited to the subjects of:
(1) Felony crimes involving any deadly weapon special verdict under *RCW 9.94A.602;
(2) Any and all deadly weapon enhancements under RCW 9.94A.533 (3) or (4), or both, as well as any federal firearm, ammunition, or other deadly weapon enhancements;
(3) Any and all felony crimes requiring the possession, display, or use of any deadly weapon as well as the many increased penalties for these crimes including the creation of theft of a firearm and possessing a stolen firearm;
(4) New prosecuting standards established for filing charges for all crimes involving any deadly weapons;
(5) Removal of good time for any and all deadly weapon enhancements; and
(6) Providing the death penalty for those who commit first degree murder: (a) To join, maintain, or advance membership in an identifiable group; (b) as part of a drive-by shooting; or (c) to avoid prosecution as a persistent offender as defined in RCW 9.94A.030.
[ 2002 c 290 s 23; 1995 c 129 s 18 (Initiative Measure No. 159).]
Notes:
*Reviser's note: RCW 9.94A.602 was recodified as RCW 9.94A.825 pursuant to 2009 c 28 s 41.
Effective date—2002 c 290 ss 7-11 and 14-23: See note following RCW 9.94A.515.
Intent—2002 c 290: See note following RCW 9.94A.517.
Findings and intent—Short title—Severability—Captions not law—1995 c 129: See notes following RCW 9.94A.510.

catchline: Offender notification and warning.


title: RCW 10.01.220

text:
A city attorney, county prosecutor, or other prosecuting authority may not dismiss, amend, or agree not to file a criminal charge in exchange for a contribution, donation, or payment to any person, corporation, or organization. This does not prohibit:
(1) Contribution, donation, or payment to any specific fund authorized by state statute;
(2) The collection of costs associated with actual supervision, treatment, or collection of restitution under agreements to defer or divert; or
(3) Dismissal following payment that is authorized by any other statute.
[ 2007 c 367 s 1.]

catchline: City attorney, county prosecutor, or other prosecuting authority—Filing a criminal charge—Contribution, donation, payment.


title: RCW 10.01.230

text:
(1) The Washington traffic safety commission may develop and maintain a registry of qualified victim impact panels. When imposing a requirement that an offender attend a victim impact panel under RCW 46.61.5152, the court may refer the offender to a victim impact panel that is listed in the registry. The Washington traffic safety commission may consult with victim impact panel organizations to develop and maintain a registry.
(2) To be listed on the registry, the victim impact panel must meet the following minimum standards:
(a) The victim impact panel must address the effects of driving while impaired on individuals and families and address alternatives to drinking and driving and drug use and driving;
(b) The victim impact panel shall have at least two different speakers, one of whom is a victim survivor of an impaired driving crash, to present their stories in person. A victim survivor may be the panel facilitator. The victim impact panel should be a minimum of sixty minutes of presentation, not including registration and administration time;
(c) The victim impact panel shall have policies and procedures to recruit, screen, train, and provide feedback and ongoing support to the panelists. The panel shall take reasonable steps to verify the authenticity of each panelist's story;
(d) Pursuant to (b) of this subsection, the victim impact panel shall use in-person speakers for each presentation for a minimum of sixty minutes of presentation. The victim impact panel may supplement the in-person presentations with prerecorded videos, but in no case shall the videos shown exceed fifteen minutes of presentation;
(e) The victim impact panel shall charge a reasonable fee to all persons required to attend, unless otherwise ordered by the court;
(f) The victim impact panel shall have a policy to prohibit admittance of anyone under the influence of alcohol or drugs, or anyone whose actions or behavior are otherwise inappropriate. The victim impact panel may institute additional admission requirements;
(g) The victim impact panel shall maintain attendance records for at least five years;
(h) The victim impact panel shall make reasonable efforts to use a facility that meets standards established by the Americans with disabilities act;
(i) The victim impact panel may provide referral information to other community services; and
(j) The victim impact panel shall have a designated facilitator who is responsible for the compliance with these minimum standards and who is responsible for maintaining appropriate records and communication with the referring courts and probationary departments regarding attendance or nonattendance.
[ 2016 c 203 s 10; 2011 c 293 s 15.]

catchline: Victim impact panel registry—Panel minimum standards.


title: RCW 10.01.240

text:
Whenever a prosecutor, or the attorney general or assistants acting pursuant to RCW 10.01.190, institutes or conducts a criminal proceeding involving domestic violence as defined in RCW 10.99.020, the prosecutor, or attorney general or assistants, shall specify whether the victim and defendant are intimate partners or family or household members within the meaning of RCW 7.105.010.
[ 2021 c 215 s 114; 2019 c 263 s 202.]
Notes:
Effective date—2022 c 268; 2021 c 215: See note following RCW 7.105.900.
Findings—Intent—2019 c 263 ss 202-803: "The legislature recognizes that domestic violence treatment has been the most common, and sometimes only, legal response in domestic violence cases. There is a growing concern about the "one size fits all" approach for domestic violence misdemeanors, felonies, and other cases. In 2012, the legislature directed the Washington state institute for public policy to update its analysis of the scientific literature on domestic violence treatment. The institute found traditional domestic violence treatment to be ineffective. Treatment needs to be differentiated and grounded in science, risk, and long-term evaluation. The institute's findings coincided with a wave of federal, state, and local reports highlighting concerns with the efficacy of traditional domestic violence treatment. A new approach was needed to reduce recidivism by domestic violence offenders, provide both victims and offenders with meaningful answers about what works, and close critical safety gaps. Subsequently, the legislature directed the gender and justice commission to establish work groups and make recommendations to improve domestic violence treatment and risk assessments. The work group recommended establishing sentencing alternatives for domestic violence offenders, integrated systems response, and domestic violence risk assessments. During this time, the department of social and health services repealed the administrative codes for domestic violence treatment, and issued new codes grounded in a differentiated approach and evidence-based practice. There is no easy answer to what works to reduce domestic violence recidivism, and offenders often present with co-occurring substance abuse and mental health issues, but new administrative codes and work group recommendations reflect the best available evidence in how best to respond and treat domestic violence criminal offenders.
Improving rehabilitation and treatment of domestic violence offenders, and those offenders with co-occurring substance and mental health issues, is critical, given how often practitioners and courts use treatment as the primary, and sometimes only, intervention for domestic violence. Given the pervasiveness of domestic violence and because of the link between domestic violence and many community issues including violent recidivism, victims and offenders are owed effective treatment and courts need better tools. State studies have found domestic violence crimes to be the most predictive of future violent crime.
The legislature intends to modify sentencing alternatives and other sentencing practices to require use of a validated risk assessment tool and domestic violence treatment certified under the Washington Administrative Code. These new practices should be consistently used when criminal conduct is based on domestic violence behavioral problems." [ 2019 c 263 s 101.]
Intent—Definition of domestic violence—2019 c 263 ss 202-205: "The legislature intends to distinguish between intimate partner violence and other categories of domestic violence to facilitate discrete data analysis regarding domestic violence by judicial, criminal justice, and advocacy entities. The legislature does not intend for these modifications to definitions to substantively change the prosecution of, or penalties for, domestic violence, or the remedies available to potential petitioners under the current statutory scheme." [ 2019 c 263 s 201.]

catchline: Domestic violence proceedings—Duty to specify whether intimate partners or family or household members.


title: RCW 10.04.020

text:
When any offense is committed in view of any district judge, the judge may, by verbal direction to any deputy, or if no deputy is present, to any citizen, cause such deputy or citizen to arrest such offender, and keep such offender in custody for the space of one hour, unless such offender shall sooner be taken from such custody by virtue of a warrant issued on complaint on oath. But such person so arrested, shall not be confined in jail, nor put upon any trial, until arrested by virtue of such warrant.
[ 1987 c 202 s 149; Code 1881 s 1888; Code 1881 s 1889, part; 1873 p 382 s 186; 1854 p 260 s 173; RRS s 1926, part.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Arrest—Offense committed in view of district judge.


title: RCW 10.04.040

text:
District courts or committing magistrates may accept money as bail from persons charged with bailable offenses, and for the appearance of witnesses in all cases provided by law for the recognizance of witnesses. The amount of such bail or recognizance in each case shall be determined by the court in its discretion, and may from time to time be increased or decreased as circumstances may justify. The money to be received and accounted for in the same manner as provided by law for the superior courts.
[ 1987 c 202 s 150; 1919 c 76 s 1; RRS s 1957 1/2.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.
Excessive bail or fines, cruel punishment prohibited: State Constitution Art. 1 s 14.

catchline: Cash bail in lieu of recognizance.


title: RCW 10.04.050

text:
In all trials for offenses within the jurisdiction of a district judge, the defendant or the state may demand a jury, which shall consist of six, or a less number, agreed upon by the state and accused, to be impaneled and sworn as in civil cases; or the trial may be by the judge. When the complaint is for a crime or misdemeanor in the exclusive jurisdiction of the superior court, the justice hears the case as a committing magistrate, and no jury shall be allowed.
[ 1987 c 202 s 151; 1891 c 11 s 1; Code 1881 s 1890; 1875 p 51 s 2; 1873 p 382 s 188; 1854 p 260 s 174, part; RRS s 1927.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.
Charging juries: State Constitution Art. 4 s 16.
Convicted persons liable for costs and jury fees: RCW 10.46.190.
Right to trial by jury: State Constitution Art. 1 s 21.

catchline: Jury—If demanded.


title: RCW 10.04.070

text:
The defendant may plead guilty to any offense charged.
[Code 1881 s 1892; 1873 p 383 s 190; 1854 p 260 s 174, part; RRS s 1929.]

catchline: Plea of guilty.


title: RCW 10.04.100

text:
The judge, if the prisoner is found guilty, shall assess the prisoner's punishment; or if, in the judge's opinion, the punishment the judge is authorized to assess is not adequate to the offense, he or she may so find, and in such case the judge shall order such defendant to enter recognizance to appear in the superior court of the county, and shall also recognize the witnesses, and proceed as in proceedings by a committing magistrate.
[ 1987 c 202 s 152; 1891 c 11 s 2; Code 1881 s 1891; 1873 p 382 s 189; 1854 p 260 s 174; RRS s 1928.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Verdict of guilty—Proceedings upon.


title: RCW 10.04.110

text:
In all cases of conviction, unless otherwise provided in this chapter, the judge shall enter judgment for the fine and costs against the defendant, and may commit him or her to jail until the amount of such fine and costs owing are paid, or the payment thereof be secured as provided by RCW 10.04.120. The amount of such fine and costs owing shall be computed as provided for superior court cases in RCW 10.82.030 and 10.82.040. Further proceedings therein shall be had as in like cases in the superior court: PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended.
[ 2010 c 8 s 1007; 1987 c 202 s 153; 1969 ex.s. c 199 s 10; 1967 c 200 s 6; 1891 c 11 s 6; Code 1881 s 1896; 1873 p 383 s 194; 1854 p 261 s 176; RRS s 1933.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.
Convicted persons liable for jury fees: RCW 10.46.190.

catchline: Judgment—Entry—Execution—Remittance of district court fines, etc.


title: RCW 10.04.120

text:
Every defendant may stay the execution for the fine and costs for thirty days, by procuring sufficient sureties, to be approved by the district judge, to enter into recognizance before the district judge for the payment of the fine and costs; the entry of such recognizance shall be made on the docket of the district judge, and signed by the sureties, and shall have the same effect as a judgment, and if the same be not paid in thirty days, the district judge shall proceed as in like cases in the superior court.
[ 1987 c 202 s 154; Code 1881 s 1897; 1873 p 383 s 195; 1854 p 261 s 176; RRS s 1934.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Stay of execution.


title: RCW 10.04.800

text:
The district and municipal court judges' association may propose to the supreme court suggested forms for criminal actions for inclusion in the justice court criminal rules.
[ 1994 c 32 s 6; 1987 c 202 s 155.]
Notes:
Rules of court: CrRLJ 2.1, 4.2.
Intent—1987 c 202: See note following RCW 2.04.190.

catchline: Proposed forms for criminal actions.