Chapter 6.03
GENERAL PROVISIONS
Sections:
6.03.030 Provisions not retroactive.
6.03.040 Alternative dispositions of criminal cases.
6.03.050 Collection of judgments.
6.03.070 Costs of prosecution and defense.
6.03.090 Statute of limitations.
6.03.100 Presumption of innocence.
6.03.110 Arrests – Citations – Warrants.
6.03.120 Classification of crimes – Penalties.
6.03.130 Mandatory minimum sentences for public disorder crimes.
6.03.010 Short title.
This title shall be known and may be cited as the Marysville Penal Code. (Ord. 965 § 1.01, 1977).
6.03.020 Effective date.
The provisions of Chapters 6.03 through 6.60 MMC shall apply to any offense committed on or after December 5, 1977, which is defined in said chapters, unless otherwise expressly provided or unless the context otherwise requires, and shall also apply to any defense to prosecution for such offense. (Ord. 965 § 1.02, 1977).
6.03.030 Provisions not retroactive.
The provisions of Chapters 6.03 through 6.60 MMC do not apply to or govern the construction of and punishment for any offense committed prior to December 5, 1977, or to the construction and application of any defense to a prosecution for such an offense. Such an offense must be construed and punished according to the provisions of law existing at the time of the commission thereof in the same manner as if Chapters 6.03 through 6.60 MMC had not been enacted. (Ord. 965 § 1.03, 1977).
6.03.040 Alternative dispositions of criminal cases.
(1) Compromise and Dismissal. In all cases where a defendant is charged with a criminal act for which there is a civil remedy available to the victim, except in those cases involving offenses against public officers or violence of any nature, the court may, in its discretion, dismiss all criminal charges upon a finding that the victim has acknowledged in writing that he has received satisfaction for the injury or loss sustained, and upon payment by the defendant of all costs incurred by the city in the proceedings.
(2) Assessment of Punishment. If a defendant is found guilty, the court shall set the punishment therefor in the form of a judgment for costs as provided in MMC 6.03.070, and a fine or imprisonment, or both, as provided in MMC 6.03.120.
(3) 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 the 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.
(4) 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.
(5) Restitution in Lieu of Punishment. If a person has gained money or property or caused a victim to lose money or property through the commission of a crime, upon conviction thereof, the court, in lieu of imposing a fine or imprisonment authorized by MMC 6.03.120, may order the defendant to pay an amount fixed by the court, not to exceed double the amount of the defendant’s gain or the victim’s loss from the commission of the crime. Such amount shall be used to provide restitution to the victim at the order of the court. In such case, the court shall make a finding as to the amount of the defendant’s gain or the victim’s loss from the crime; and if the record does not contain sufficient evidence to support such finding, the court may conduct a hearing upon the issue. For the purpose of this section, the terms “gain” or “loss” refer to the amount of money or the value of property or services gained or lost. (Ord. 1777 §§ 1, 2, 1990; Ord. 1221 § 2, 1982).
6.03.050 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 $25.00 for each day of imprisonment and $5.00 per hour for work on a designated community service project. (Ord. 1777 § 3, 1990; Ord. 1221 § 3, 1982; Ord. 965 § 1.07, 1977).
6.03.060 Civil contempt.
A court may, in its discretion, treat any intentional failure to comply with a court order in respect to fines or costs or both, upon conviction, as civil contempt. (Ord. 965 § 1.08, 1977).
6.03.070 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 $25.00 for each day of imprisonment, and $5.00 per hour for work on a designated community service project. (Ord. 1777 § 4, 1990; Ord. 1221 § 4, 1982; Ord. 965 § 1.09, 1977).
6.03.080 Age of capacity.
Children under the age of eight years are incapable of committing crime. Children of eight years and under 12 years of age are presumed to be incapable of committing crime, but this presumption may be removed by proof that they have sufficient capacity to understand the act or neglect, and to know that it was wrong. Whenever in legal proceedings it becomes necessary to determine the age of a child, he may be produced for inspection, to enable the court or jury to determine the age thereby; and the court may also direct his examination by one or more physicians, whose opinion shall be competent evidence upon the question of his age. (Ord. 965 § 1.10, 1977).
6.03.090 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. (Ord. 1777 § 5, 1990; Ord. 965 § 1.11, 1977).
6.03.100 Presumption of innocence.
Every person charged with the commission of a crime is presumed innocent unless proved guilty. No person may be convicted of a crime unless each element of such crime is proved by competent evidence beyond a reasonable doubt. (Ord. 965 § 1.12, 1977).
6.03.110 Arrests – Citations – Warrants.
(1) A peace officer may arrest a person without a warrant if the officer has probable cause to believe that such person has:
(a) Committed a crime in the officer’s presence; or
(b) Committed a crime not in the officer’s presence if allowed by RCW 10.31.100, as now or hereafter amended.
(2) Whenever a person is arrested for a violation of the law, the arresting officer, or any other authorized peace officer, may serve upon the arrested person a citation and notice to appear, in lieu of continued custody, as provided by the Criminal Rules for Justice Court, as now or hereafter amended.
(3) Warrants shall issue and bail shall be set for persons who violate their promise to appear in court as provided by the Criminal Rules for Justice Court, as now or hereafter amended. The Criminal Rules for Justice Court shall apply to procedures relating to arrests, citations, warrants and other criminal proceedings. (Ord. 965 § 1.13, 1977).
6.03.120 Classification of crimes – Penalties.
All offenses defined by this title, or by any state statute which is incorporated herein by reference, constitute crimes and are classified as misdemeanors or gross misdemeanors as indicated by state law for the particular offense; provided, that where no express designation is made in state law or this code, such crimes shall be misdemeanors. Any party convicted of having committed a misdemeanor or gross misdemeanor shall be punished by a fine and/or imprisonment not to exceed the limits set forth for misdemeanors and gross misdemeanors in RCW 9A.20.021(2) and (3).
(1) Gross Misdemeanor. Every person convicted of a gross misdemeanor shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than 364 days, or by a fine in an amount fixed by the court of not more than $5,000, or by both such imprisonment and fine.
(2) Misdemeanor. Every person convicted of a misdemeanor shall be punished by imprisonment in jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine. (Ord. 2951 § 5, 2014; Ord. 2748 § 1, 2008; Ord. 1993 § 2, 1994; Ord. 1421 § 2, 1985; Ord. 965 § 1.05, 1977).
6.03.130 Mandatory minimum sentences for public disorder crimes.
(1) “Public disorder crime” means theft in the third degree, vehicle prowling, criminal trespass, and use of a controlled substance in a public place. Multiple charges on the same date count as one public disorder crime.
(2) Upon a conviction for a public disorder crime charged on or after the effective date of the ordinance codified in this section, the municipal court shall impose a mandatory minimum sentence of no less than 30 days in jail if, within the five years prior to the conviction, the defendant had, in the state of Washington, two or more of the following dispositions for any crime defined in this section as a public disorder crime:
(a) A conviction; or
(b) A stipulated order of continuance or similar agreement; or
(c) A deferred sentence.
(3) A stipulated order of continuance shall be considered a disposition for the purposes of this section regardless of whether it has been revoked or whether the defendant successfully completed the terms of the stipulation resulting in the dismissal of the charge.
(4) A deferred sentence shall be considered a disposition for the purposes of this section regardless of whether judgment has been entered or whether the defendant successfully completed the terms of the sentence resulting in the dismissal of the charge.
(5) If a defendant is convicted of two or more public disorder crimes on the same date and the offenses occurred on separate dates, then a mandatory minimum sentence shall be imposed for each public disorder crime conviction.
(6) Post-Sentencing Petitions.
(a) A defendant sentenced to a mandatory minimum sentence under this section and serving the sentence may petition the municipal court for relief from the sentence if he or she meets the following criteria:
(i) A qualified professional has determined that the defendant would benefit from in-patient drug or alcohol treatment;
(ii) The defendant has a specific bed date to enter the treatment program during the defendant’s commitment to jail;
(iii) The defendant executes a waiver to release information to the city regarding the defendant’s presence in the treatment facility and whether the defendant successfully completed the treatment program;
(iv) The defendant agrees in writing to attend treatment and comply with all treatment recommendations; and
(v) The municipal court finds that treatment is an appropriate alternative to jail.
(b) If the municipal court grants the petition, the judge may enter an order of release with appropriate conditions. The court will advise the defendant of the penalties for escape in the third degree – absconding from treatment.
(c) If the defendant provides proof of successful completion of treatment to the satisfaction of the municipal court, the court may suspend any remaining jail time.
(7) A defendant who otherwise would be subject to a mandatory minimum sentence under this section, and who diverts through the municipal court’s Mental Health Alternatives (MAP) program, is subject to a mandatory minimum sentence under this section if he or she opts out of the program or fails to complete the program. (Ord. 3289 § 1 (Exh. A), 2023).