ORD 05-500
ORDINANCE NO. 05-500
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 6
OF THE FEDERAL WAY CITY CODE TO AUTHORIZE,
WHERE APPROPRIATE, RESTITUTION ON HIT AND RUN
CHARGES(Amending Ordinance No. 02-429)
WHEREAS, the City ofF ederal Way is a non-charter code city under the laws ofthe State of
Washington and, as such, has the power to enact ordinances for the protection ofthe public health,
safety and general welfare and for other purposes; and
WHEREAS, many victims of crimes are left to pay for the repair and replacement of
property, medical bills and/or suffer lost wages as a result ofthe criminal conduct of others; and
WHEREAS, the nature ofthe crime of Hit and Run makes investigation oftraffic accidents
more difficult and can cause a delay in medical aid to victims; and
WHEREAS, to help ensure that leaving the scene of an accident does not allow the
perpetrator to benefit from that criminal conduct in cases where he or she is at fault for the accident;
and
WHEREAS, the Federal Way City Council finds that this ordinance is in the best interest of
the public health, safety, and welfare;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 6, Article I, Section 6-9 of the Federal Way City Code is
hereby amended to read as follows:
ORD #05-500, PAGE 1 ORIGINAL
6-9 Restitution authorized as a condition of sentence.
(a) Restitution shall be ordered by the court whenever a person is convicted of a crime
which results in injury to any person or damage to or loss of property, unless extraordinary
circumstances exist that make restitution inappropriate in the court's judgment and the court sets
forth such circumstances in the record. In addition, restitution shall be ordered to pay for an
injury, loss, or damage if the defendant pleads guilty to a lesser offense or fewer offenses and
agrees with the prosecutor's recommendation that the defendant be required to pay restitution to
a victim of an offense or offenses that are not prosecuted pursuant to a plea agreement. The court
shall identify in the judgment and sentence the victim or victims entitled to restitution and what
amount is due each victim.
(h) Restitution shall be ordered by the court whenever a person is convicted of any
charge of Hit and Run, whether involving persons, property, or attended vehicles under FWCC
15-1 or RCW 46.52. This restitution shall include: (i) damages for injury, property loss and/or
lost wages attributable to leaving the scene of the accident or collision in all cases; and (ii)
damages for iniury, property loss and/or lost wages where there is a preponderance of evidence
that the convicted person was at fault in the underlying accident or collision.
tf1W When restitution is ordered, the court shall determine the amount of
restitution due at the sentencing hearing or within 180 days. The court may continue the hearing
beyond the 180 days for good cause. Restitution ordered by a court pursuant to a criminal
conviction shall be based on easily ascertainable damages for injury to or loss of property, actual
expenses incurred for treatment for injury to persons, and lost wages resulting from injury.
Restitution shall not include reimbursement for damages for mental anguish, pain and suffering,
ORD #05-500, PAGE 2
or other intangible losses, but may include the costs of counseling reasonably related to the
offense. The anlOunt of restitution shall not exceed double the amount of the offender's gain or
the victim's loss from the commission of the crime.
@ fej The city or victim may enforce the court-ordered restitution in the same
manner as a judgment in a civil action. This section does not limit civil remedies or defenses
available to the victim, survivors ofthe victim, or defendant. Restitution collected through civil
enforcement must be paid through the registry of the court and must be distributed
proportionately according to each victim's loss when there is more than one victim. (Ord. No.
02-429, ~ 1, 11-19-02)
Section 2. Severability. The provisions of this ordinance are declared separate and severable.
The invalidity of any clause, sentence, paragraph, subdivision, section, or portion ofthis ordinance or
the invalidity ofthe application thercofto any person or circumstance, shall not affect the validity of
the remainder of the ordinance, or the validity of its application to other persons or circumstances.
Section 3. Ratification. Any and all acts consistent with the authority and prior to the
effective date of this ordinance are hereby ratified and affirmed.
Section 4. Effective Date. This ordinance shall take effect and be in force five days from its
passage, approval and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this20thday of September, 2005.
FFEDERAL WAY
111/ t?
".._..~._.._, ."
MAYOR, DEAN MCCOLGAN
ORD # 05-500 , PAGE 3
ATTEST:
9~Jir- ")
,)a5lW'i S~~ ' ACTING CITY CLERK
APPROVED AS TO FORM:
!.l~'"\ ~~~lhUU itrl.
CITY A TT . . R . .~ Y, P A TRI~IA RICHARDSON
FILED WITH THE CITY CLERK: 8/25/2005
PASSED BY THE CITY COUNCIL: 9/20/2005
PUBLISHED: 9/24/2005
EFFECTIVE DATE: 9/29/2005
ORDINANCE NO.: 05-500
K:\ORDIN\criminal restitution code amend.doc
ORD # 05-500 , PAGE 4