|
(1) Immediately before the court defers
prosecution under
RCW 10.05.020,
dismisses a charge, or orders a sentence for any
offense listed in subsection (2) of this section,
the court and prosecutor shall verify the
defendant's criminal history and driving record. The
order shall include specific findings as to the
criminal history and driving record. For purposes of
this section, the criminal history shall include all
previous convictions and orders of deferred
prosecution, as reported through the judicial
information system or otherwise available to the
court or prosecutor, current to within the period
specified in subsection (3) of this section before
the date of the order. For purposes of this section,
the driving record shall include all information
reported to the court by the department of
licensing.
(2) The offenses to which this section applies
are violations of: (a)
RCW 46.61.502 or an
equivalent local ordinance; (b)
RCW 46.61.504 or an
equivalent local ordinance; (c)
RCW 46.61.520
committed while under the influence of intoxicating
liquor or any drug; (d)
RCW 46.61.522
committed while under the influence of intoxicating
liquor or any drug; and (e)
RCW 46.61.5249,
46.61.500, or
9A.36.050, or an equivalent local ordinance, if the
conviction is the result of a charge that was
originally filed as a violation of
RCW 46.61.502 or
46.61.504 or an
equivalent local ordinance, or of
RCW 46.61.520 or
46.61.522.
(3) The periods applicable to previous
convictions and orders of deferred prosecution are:
(a) One working day, in the case of previous actions
of courts that fully participate in the state
judicial information system; and (b) seven calendar
days, in the case of previous actions of courts that
do not fully participate in the judicial information
system. For purposes of this subsection, "fully
participate" means regularly providing records to
and receiving records from the system by electronic
means on a daily basis. |
