HomeMy WebLinkAboutO-1777 - Amends Sec. 6.03.040(c) and (d), 6.03.050, 6.03.070 and 6.03.090, prosecution procedure for criminal offenses (6.03)CIT Y 0 F MAR Y S V ILL E
Marysville,Washington
ORDINANCE NO.J TV
AN ORDINANCE OF THE CITY OF MARYSVILLE AMENDING THE
CRIMINAL CODE RELATING TO THE TIME PERIOD FOR DEFERRING
OR SUSPENDING SENTENCES (SECTION 6.03.040),THE
MONETARY CREDIT GIVEN TO A DEFENDANT FOR JAIL TIME OR
FOR COMMUNITY SERVICE PROJECTS (6.03.050 AND 6.03.070),
AND THE STATUTE OF LIMITATIONS FOR CRIMINAL OFFENSES
(6.03.090).
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON DO
ORDAIN AS FOLLOWS:
section 1.section 6.03.040(c)is hereby amended to provide
as follows:
(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 which would have been assessed had
the sentence not been deferred.In no case shall the time
of deferral extend for more than two years from the date of
conviction.During the time of deferral the court may,for
good cause shown,permit a defendant to withdraw his plea of
guilty,permit him to enter a plea of not guilty,and
dismiss such charges against him.If the defendant fails to
comply with any term or condition imposed by the court
during the deferral,the defendant shall be required to
appear before the court and the court may enter a conviction
upon his record and impose sentence.
section 2.Section 6.03.040(d)is hereby amended to provide
as follows:
(d)Suspension of Sentence.For a period not to
exceed two years 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 victim 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.
ORDINANCE - 1
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 judgment 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 payment 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 of $25 for
each day of imprisonment and $5 per hour for work on 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
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 of issuing a warrant,cost for
mileage and processing the warrant,a fee for a personal
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 City.A defendant shall be given credit of $25 for
each day of imprisonment,and $5 per hour for work on a
designated community service project.
section 5.section 6.03.090 of the Marysville Municipal
Code is hereby amended to provide as follows:
statute of Limitations.Prosecutions for criminal
offenses defined in the Marysville Municipal Code,and for
those State statutes incorporated herein by reference,may
be commenced at any time within two years after their
commission if they constitute gross misdemeanors,and at
any time within one year after their commission if they
constitute misdemeanors.Provided,that the statutes of
limitations prescribed herein shall not run during any time
when the person charged is not usually and pUblicly
resident within the State of Washington.
ORDINANCE - 2
If before the end of a period of limitations prescribed
herein a criminal complaint has been filed,and the com-
plaint is set aside,then the period of limitations shall be
extended by a period equal to the length of time from the
filing to the date on which it was set aside.
~ASSED by the Ciry
23 -day of Rr'c'council and APPROVED by the Mayor this
,1990.
CITY OF MARYSVILLE
By
MAYOR
Approved as to form:
B14l ~~a <"R~\7 CITY ATT~
Date of Publication:
Effective Date (5 days after publication):
ORDINANCE - 3