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(1)(a) In addition to penalties set forth in
*RCW 46.61.5051 through 46.61.5053 until September
1, 1995, and
RCW 46.61.5055
thereafter, a one hundred twenty-five dollar fee
shall be assessed to a person who is either
convicted, sentenced to a lesser charge, or given
deferred prosecution, as a result of an arrest for
violating
RCW 46.61.502,
46.61.504,
46.61.520, or
46.61.522. This fee
is for the purpose of funding the Washington state
toxicology laboratory and the Washington state
patrol for grants and activities to increase the
conviction rate and decrease the incidence of
persons driving under the influence of alcohol or
drugs.
(b) Upon a verified petition by the person
assessed the fee, the court may suspend payment of
all or part of the fee if it finds that the person
does not have the ability to pay.
(c) When a minor has been adjudicated a
juvenile offender for an offense which, if committed
by an adult, would constitute a violation of
RCW 46.61.502,
46.61.504,
46.61.520, or
46.61.522, the
court shall assess the one hundred twenty-five
dollar fee under (a) of this subsection. Upon a
verified petition by a minor assessed the fee, the
court may suspend payment of all or part of the fee
if it finds that the minor does not have the ability
to pay the fee.
(2) The fee assessed under subsection (1) of
this section shall be collected by the clerk of the
court and distributed as follows:
(a) Forty percent shall be subject to
distribution under RCW 3.46.120, 3.50.100,
35.20.220, 3.62.020, 3.62.040, or 10.82.070.
(b) The remainder of the fee shall be forwarded
to the state treasurer who shall, through June 30,
1997, deposit: Fifty percent in the death
investigations' account to be used solely for
funding the state toxicology laboratory blood or
breath testing programs; and fifty percent in the
state patrol highway account to be used solely for
funding activities to increase the conviction rate
and decrease the incidence of persons driving under
the influence of alcohol or drugs. Effective July 1,
1997, the remainder of the fee shall be forwarded to
the state treasurer who shall deposit: Fifteen
percent in the death investigations' account to be
used solely for funding the state toxicology
laboratory blood or breath testing programs; and
eighty-five percent in the state patrol highway
account to be used solely for funding activities to
increase the conviction rate and decrease the
incidence of persons driving under the influence of
alcohol or drugs.
(3) This section applies to any offense
committed on or after July 1, 1993. |
