| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to discouraging violent protests at postsecondary institutions by amending a court's ability to waive restitution owed to postsecondary institutions; |
| Bill Description | Discouraging violent protests at postsecondary institutions by amending a court's ability to waive restitution owed to postsecondary institutions. |
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What this bill does
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Senate Bill 6083 amends existing restitution and probation provisions in several Washington statutes (notably RCW 3.66.120 and RCW 9.94A.753, and also changes to RCW 9.92.060 and RCW 9.95.210 are indicated). It changes when a court may waive restitution by expressly excluding certain payees—specifically postsecondary institutions (as defined in RCW 28B.10.016) and the Department of Labor and Industries under chapter 7.68 RCW—from the court’s authority to relieve an offender of restitution owed to them, while preserving waiver authority for other insurers and state agencies if the court finds the offender lacks current or likely future ability to pay.
The bill makes procedural changes to restitution practice: courts must identify victims and amounts in the judgment and sentence, determine restitution at sentencing or within 180 days (extendable for good cause), set a minimum monthly payment, and may not postpone payments until after release from total confinement. Restitution may be enforced like a civil judgment, distributed through the court registry, and is subject to a 10-year enforcement window after release or judgment (with a possible single 10-year extension if the offender has not made a good faith attempt to pay). RCW 9.94A.753 revisions set rules for calculating restitution (property damage, actual treatment expenses, lost wages), cap restitution at double the offender’s gain or the victim’s loss, exclude intangible damages like pain and suffering (but allow counseling costs reasonably related to the offense), require restitution in most injuries or loss cases unless extraordinary circumstances are recorded, and include special restitution and jurisdiction provisions for certain child sexual offenses that result in pregnancy.
The bill also amends superior court probation and suspension authority: courts may stay and suspend sentences with supervision, impose restitution and other monetary conditions as part of suspended sentences or probation, and set supervision reporting arrangements; supervising officers must reasonably attempt to ascertain restitution payments and notify prosecutors not less than three months before termination of supervision if restitution has not been made. The Department of Labor and Industries is authorized to petition for a restitution order within one year when a victim is entitled to crime victims’ compensation. Several referenced definitions and portions of the bill text are not included in the extracted facts (for example the exact definitions of "postsecondary institutions," "indigent," and "the department," plus the full text of amendments to RCW 9.92.060 and RCW 9.95.210 and a new section noted in the bill header), so some statutory details and any additional changes are unclear from the provided excerpts.
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Why it matters
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If enacted, colleges and other postsecondary institutions would no longer be subject to a court's authority to waive restitution owed to them, meaning they are more likely to recover money ordered for losses caused by offenders. At the same time courts must set restitution amounts at sentencing or within 180 days, set minimum monthly payments that cannot be postponed until after release from confinement, and have a clear 10-year window (with one possible 10-year extension) to enforce judgments, so victims like schools and the Department of Labor and Industries can pursue collection for a longer, more predictable period. In certain fraud cases involving vehicle sale reports, courts may order restitution up to double the defendant’s gain or the victim’s loss, potentially increasing amounts owed.
The groups most affected are postsecondary institutions (likely to see higher and more reliable recoveries), offenders (facing less ability to have school-related restitution waived and greater long-term payment obligations), and the courts, probation/community corrections officers, county clerks, and prosecutors (who will need to set, monitor, and collect payments, increasing administrative workload and enforcement responsibilities). Some parts of the bill text and key definitions are missing from the provided extracts, so precise administrative procedures and the full scope of related amendments are not fully clear.
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| Official Documents | View Full Bill Text |
| Senator Boehnke (Primary) |