Revised Code of Washington - RCW Title 10 Criminal Procedure - Section 10.01.180 Fine or costs -- Default in payment -- Contempt of court -- Enforcement, collection procedures

§ 10.01.180. Fine or costs -- Default in payment -- Contempt of court -- Enforcement, collection procedures

(1) A defendant sentenced to pay a fine or costs who defaults in the payment thereof or of any installment is in contempt of court as provided in chapter 7.21 RCW. The court may issue a warrant of arrest for his appearance.

(2) When a fine or assessment of costs is imposed on a corporation or unincorporated association, it is the duty of the person authorized to make disbursement from the assets of the corporation or association to pay the fine or costs from those assets, and his failure to do so may be held to be contempt.

(3) If a term of imprisonment for contempt for nonpayment of a fine or costs is ordered, the term of imprisonment shall be set forth in the commitment order, and shall not exceed one day for each twenty-five dollars of the fine or costs, thirty days if the fine or assessment of costs was imposed upon conviction of a violation or misdemeanor, or one year in any other case, whichever is the shorter period. A person committed for nonpayment of a fine or costs shall be given credit toward payment for each day of imprisonment at the rate specified in the commitment order.

(4) If it appears to the satisfaction of the court that the default in the payment of a fine or costs is not contempt, the court may enter an order allowing the defendant additional time for payment, reducing the amount thereof or of each installment or revoking the fine or costs or the unpaid portion thereof in whole or in part.

(5) A default in the payment of a fine or costs or any installment thereof may be collected by any means authorized by law for the enforcement of a judgment. The levy of execution for the collection of a fine or costs shall not discharge a defendant committed to imprisonment for contempt until the amount of the fine or costs has actually been collected.

[1989 c 373 § 13; 1975-'76 2nd ex.s. c 96 § 3.]

Notes:
     Severability -- 1989 c 373: See RCW 7.21.900.

Fine and costs -- Collection procedure, commitment for failure to pay, execution against defendant's property: Chapter 10.82 RCW. Sections:  Previous  10.01.070  10.01.090  10.01.100  10.01.113  10.01.120  10.01.130  10.01.140  10.01.150  10.01.160  10.01.170  10.01.180  10.01.190  10.01.200  10.01.210  10.01.220  Next

Last modified: April 7, 2009