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HomeMy WebLinkAboutO-1221 - Repeals and adds Sec. 6.03.040; amends Sec. 6.03.050 and 6.03.070, court costs and disposition of criminal cases (6.03). .xc-:;"2.~otJk.p",b, -.3 AvJG ":2..£11 ic.e T~d1e- CIT Y 0 F MAR Y S V ILL E Marysville,wash~~gton ORDINANCE NO.J a Cl , AN ORDINANCE OF TIlE CITY OF MARYSVILLE REPEALING SECTION 6.03.040 OF THE MARYSVILLE MUNICIPAL CODE AND ADOPTING A NEW SECTION RELATING TO ALTERNATIVE DISPOSITIONS OF CRIMINAL CASES';AND AMENDING SECTIONS 6.03.050 AND 6.03.070 RELATING TO COLLECTION OF COURT JUDGlmNTS AND COSTS The City Council of the City of Marysville,Washi~gton,DO ORDAIN as follows: Section 1.Section 6.03.040 of the Marysville Municipal Code is hereby REPEALED. section 2.A new Section 6.03.040 is hereby enacted to pro- vide as follows: Alternative Dispositions of Cri~itial Cases. (a)Compromise and Dismissal.In all cases where a'defendant is charged with a criminal act.for which there is a civil remedy avail- able to the victim,except in those cases involving offens~s against public officers or violence of any nature,the court may,in its discre- tion,dismiss all criminal charges upon a finding that the victim has acknowledged in writing that he has received satisfaction for the injury or loss sustained,and upon payment by the defendant of all costs incurred by the City in the proceedings. .(b)Assessment of Punishment.If a defendant is found guilty, the court shall set the pun.ishment the~efor in the form of a judgment for costs as provided in section 6.03.070,and a fine or imprisonment,or both,as provided in'Section 6.03.120. (c)Deferral of Sentence.After a conviction,the court may defer sentencing the defendant and place the defendant on probation and prescribe the conditions thereof.Such conditions may include making restitution to the victim of the crime and the payment of couxt costs and a fine in an.amount equivalent to that which would have been assessed had the sentence not been deferred.In no case shall the time of defer- ral extend for more than one year from the date of conviction.During the time of deferral the court may,for good cause shown,permit a defen- dant to withdraw his plea of guilty,permit him to enter a plea of not guilty,and dismiss the charges against him.If a defendant fails to comply with any term or condition imposed by the court during the defer- ral,the defendant shall be required to appear before the court and the court may enter a conviction upon his record and impose sentence. Ordinance - 1 ..t"-, (d)Suspension of Sentence.For a period not to exceed one year after imposition of sentence,the court shall have continuing jurisdiction and authority to suspend the execution of all or any part of its sentence upon stated terms and conditions.Such conditions may include making restitution to the victims of the crime and payment of court costs and a fine.If the defendant fails to comply with any term or condition of probation,he shall be required to appear before the court for revocation of probation and for resentencing. (e)Restitution in.Lieu of Punishm~nt.If a person has gained money or property or caused a victim to lose money or property through the commission of a crime,upon conviction thereof,the court, in lieu of imposing a fine or imprisonment authorized by Section 6.03.120, may order the defendant to pay an amount fixed by the court,not to exceed double the amount of the defendant's gain or the victim's loss from the commission of the crime.Such amount shall be used to provide restitution to the victim at the order of the court.In such case,the court shall make a finding as to the amount of the defendant's gain or the victim's loss from the crime;and if the record does not contain sufficient evidence to support such finding,the court may conduct a hearing upon the issue.For the purpose of this section,the terms "gain"or "loss"refer to the amount of money or the value of property or services gained or lost. Section 3.Section 6.03.050 of the Marysville Municipal Code is hereby amended to provide as follows: Collection of Judgments.Upon conviction and entry of judg- ment for a fine and costs,execution may be issued against the property of a defendant and returned in the same manner as in civil actions. Upon order of the court,a convicted defendant who is in default on pay- ment of any monetary sums required by the judgment may be imprisoned until all such monetary sums are either paid,credited for time served, or worked out at a community service project designated by the City. A defendant shall be given credit for $10.00 for each day of imprison- ment,or $25.00 for each day of work at a designated community service project. Section 4.Section 6.03.070 of the Marysville Municipal Code is hereby amended to provide as follows: Costs of Prosecution and Defense.Whenever anyone is con- victed of an offense under this title,in addition to the fine imposed, he must pay the costs of prosectuion.Costs of prosecution shall include any or all of the following:cost of docketing,cost of issuing the warrant,cost for mileage and processing the warrant,a fee for a per- sonal recognizance bond,and costs for witness fees.Furthermore,in the court's discretion,a defendant may be required to reimburse the City for the cost of retaining assigned defense counsel.If in default on any of the above costs,a defendant shall be imprisoned until such fine and costs of prosecution and defense are paid,credited for time served,or worked out at a community service project designated by the Ordinance - 2 .........110 City.A defendant shall be given credit for $10.00 for each day of imprisonment,or $25.00 for each day of work at a designated community service project. PASSED by the City Council and APPROVED by the Mayor this 25th day of January,1982. THE CITY OF ~1ARYSVILLE BY~~(~MAYOR Attest: Approved as to Form: Ordinance - 3 CITY OF MARYSVILLE Marysville,Washin~ton ORDINANCE NO.1221 AN ORDINANCE OF THE CITY OF MARYSVILLE REPEALING SECTION 6.03.040 OF THE MARYSVILLE MUNICIPAL CODE AND ADOPTING A NEW SEC· TION RELATING TO ALTERNATIVE DISPOSITIONS OF CRIMINAL CASES; AND AMENDING SECTIONS 6.03.050 AND 6.03.070 RELATING TO COLLECTIO" OF COURT JUDGMENTS'AND COSTS The City Council of the City of Marysville,Washington,DO ORDAIN as follows: Section 1.Section 6.03.040 of the Marysville Municipal Code Is hereby REPEALED Section 2. A new Section 6.03.04O'ls hereby enacted to provide as follows: Alternative Dispositions of Criminal Cases (a)Compromise and Dismissal.In all cases where a defendant is charged with c criminal ad for which there is a civil remedy available to the victim,except In thOSE cases involving offenses against public officers or violence of any nature,the cour: may,In its discretion,dismiss all criminal charges upon a finding that the victim hal acknowledged in writing that he has received satisfaction for the injury or loss sus tained,and upon payment by the defendant of all costs incurred by the City in the pro ceeelnss.C (b)Assessment of Punishment.If a defendant is found gUilty,the court shall set thE punishment therefor in the form of a judgment for costs as provided in Sectlor 6.03.070,and a fine or imprisonment,or both,as provided in Section 6.03.120. (c)Deferral of Sentence.After a conviction,the court may defer sentencing thE defendant and place the defendant on probation and prescribe the conditions thereof Such conditions may include making restitution to the victim of the crime and thE payment of court costs and a fine in an amount equivalent to that wntcn would haVE been assessed had the sentence not been deferred.In no case shall the time of deferra extend for more than one year from the date of conviction.During the time of deferra the court may,for good cause shown,permit a defendant to withdraw his plea of gull ty,permit him to enter a plea of not guilty,and dismiss the charges against him.Ifi defendant fails to comply with any term or condition imposed by the court during thl deferral,the defendant shall be required to appear before the court and the court rna, enter a convtctlon upon his record and impose sentence. (d)Suspension of Sentence.For a period not to exceed one year after imposition 0 sentence,the court shall have continuing jurisdiction and authority to suspend the ex ecution of all or any part of its sentence upon stated terms and conditions.Such condi tlons may Include making restitution to the victims of the crime and payment of cour costs and a fine.If the defendant fails to comply with any term or condition of proba tlon,he shall be required to appear before the court for revocation of probation anc for resentencing. (e)Restitution in Lieu of Punishment.If a person has gained money or property 01 caused a victim to Jose money or property through the commission of a crime,UPOI conviction thereof,the court,in lieu of imposing a fine or imprisonment authorized bl Section 6.03.120,may order the defendant to pay an amount fixed by the court,not tl exceed double the amount of the defendant's gain or the Victim's loss from the com mission of the crime,Such amount shall be used to provide restitution to the victim a the order of the court.In such case,the court shall make a finding as to the amount 0 the defendant's gain or the victim's loss from the crime;and if the record does no contain sufficient evidence to support such finding,the court may conduct a hearin~ upon the issue.For the purpose of this section the terms "gain"or "Ioss"refer to thl amount of money or the value ot propertv or services gained or lost. Section 3.Section 6.03.050 of the Marysville Municipal Code is hereby amended tl provide as follows: Collection of Judgments.Upon convtctton and entry of judgment for a fine anc costs,execution may be issued against the property of a defendant and returned in thE same manner as in civil actions.Upon order of the court,a convicted defendant who i~ in default on payment of any monetary sums required by the judgment may be im prisoned until all such monetary sums are either paid,credited for time served,01 worked out at a community service project designated by the City.A defendant shal be given credit for $10.00 for each day of imprisonment,or $25.00 for each day of worl at a designated community service project. Section 4.Section 6.03.070 of the Marysville Municipal Code is hereby amended tl provide as follows: Costs of Prosecution and Defense.Whenever anyone is convicted of an offenSE under this title.in addition to the fine imposed,he must pay the costs of prosecution Costs.of prosecution shall include any or all of the following:cost of docketing,cost 0 issuing the warrant,cost for mileage and processing thewarrant,a fee for a persona recognizance bond,and costS-for witness fees,Furtnermore,in the court's discretion a defendant may be required to reimburse the City for the cost of retaining assignee defense counsel.If in default on any of the above costs,a defendant shall be imprison ad until such fine and costs Of prosecution and defense are paid,credited for tlrm served,or worked out at a community service project designated by the City,A defen dant shall be given credit for $10.00 for each day of Imprisonment,or $25.00 for eact day of work at a designated .comrnuntrv service project. PASSED by the City Council and APPROVED by fhe Mayor this 25th day o· January,1982. THE CITY OF MARYSVILLE By:Daryl Brennlck,Mayor ATTEST:By Phillip E.Dexter,City Clerk APPROVED AS TO FORM: By James H.Allendoerfer,City Attorney Published:Februa'rv 3,1982 :.............:.....;:1....._ AFFIDAVIT OF PUBLICATION No._ STATE OF WASHINGTON, County of Snohomish, ss. ____.J.i1J..-E_--W.o.odw..or.tb------,being first duly sworn on oath deposes and says that he is the;..~_e_~!'~_~~.r_y..._ of THE MARYSVILLE GLOBE,a weekly newspaper. That said newspaper is a legal newspaper which has been ap- proved by order of the Superior Court in Snohomish County June 18, 1962 in compliance with Chapter 213 of Washington Laws of 1941,and it is now and has been for more than six months prior to the date of the publication hereinafter re- ferred to,published in the English language continually as a weekly newspaper in Marysville,Snohomish County,Wash- ington,and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper.That the annexed is a true copy of a Ordinance 1221 ._____________________________~as It was published in regular issues (and not in supplement form)of said newspaper once each week for a period of __QIlE!__ con- secutive weeks,commencing on the J~9_day of _~~_~!--, 19__82.and ending on the .3h'JL day of ~~.Q ..,19_82.-, both dates inclusive,and that such newspaper was regularly distributed to its subscribers during all of said period.That the full amount of the fee charged for the foregoing publi- cation is the sum of $~~:_~~,which amount has been paid in full (\j 0 () Subscribed =~-:n::-::~:~:-:~i~-::i~~__ day of ~~9;~-;;~:- Notary Public in and for the State of Washington, Residing at Marysville.