wa-law.org > bill > 2023-24 > SB 5974 > Substitute Bill

SB 5974 - Unenforceable LFOs

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Section 1

  1. If a juvenile is ordered to pay restitution, the money judgment remains enforceable for a period of 10 years. When the juvenile reaches the age of 18 years or at the conclusion of juvenile court jurisdiction, whichever occurs later, the superior court clerk must docket the remaining balance of the juvenile's restitution in the same manner as other judgments for the payment of money. The judgment remains valid and enforceable until 10 years from the date of its imposition. The clerk of the superior court may seek extension of the judgment for restitution in the same manner as RCW 6.17.020 for purposes of collection as allowed under RCW 36.18.190.

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    1. A judgment against a juvenile for any legal financial obligation other than restitution including, but not limited to, fines, penalty assessments, attorneys' fees, court costs, and other administrative fees, is not enforceable after July 1, 2023. The superior court clerk shall not accept payments from a respondent who was ordered to pay legal financial obligations, including fines, penalty assessments, attorneys' fees, and court costs after July 1, 2023. Any such debts shall be rendered null and void, and considered satisfied and paid in full by July 1, 2027, according to the following schedule:

      1. By June 30, 2025, debts resulting from cases filed from July 1, 2018, through June 30, 2023;

      2. By June 30, 2026, debts resulting from cases filed from July 1, 2013, through June 30, 2018; and

      3. By June 30, 2027, debts resulting from cases filed prior to July 1, 2013.

    2. Nothing in this section shall prevent a court from granting individual relief at any time in response to a motion.

    3. The supreme court or the presiding judge of a superior court may at any time authorize an administrative process to waive outstanding debt for any uncollectible legal financial obligation, other than restitution, imposed against a juvenile. The administrative process must ensure that debts:

      1. Are waived within any statutorily required deadlines;

      2. Do not affect an individual's credit;

      3. Are recalled from any collections agency; and

      4. Do not appear in any background check.

    4. For the purposes of this section, the clerk of the superior court may seek a waiver of debt in the same manner as the clerk is authorized to seek an extension of jurisdiction under RCW 6.17.020 for purposes of collection as allowed under RCW 36.18.190. Any waiver of debt by the clerk of the superior court under this section does not constitute the practice of law.

Section 2

The administrative office of the courts shall submit an annual report to the relevant committees of the legislature on the implementation of this act beginning on November 1, 2024, in compliance with RCW 43.01.036.


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