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RCW 46.61.513 Criminal History and Driving Record
(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.
[1998 c 211 § 5.]
NOTES:
Effective date -- 1998 c 211: See note following RCW 46.61.5055.
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