HB 3021, requiring all judges to be elected, failed to make it out of the House Appropriations Committee this week, so it is now considered dead. However, the companion bill in the Senate, SB 6342, is still moving. It passed the Senate Rules Committee and may be brought up for a vote by the full Senate any time between now and Tuesday, February 14. Please contact your senators and ask them to oppose SB 6342.

SHB 3082, explicitly authorizing cities to contract together for court services, is awaiting action in the House Rules Committee, where it has languished for a number of days now. We are hearing that there is some reluctance on the part of the Board for Judicial Administration to express support for this proposal because it does not address the issue of election of judges. House members may be waiting to hear from the BJA before moving it to the floor for action.

The bill currently:

• explicitly authorizes cities to contract together to provide court services;
• requires the mayor to invite the presiding judge to participate in the negotiations of the interlocal agreement that sets up the contracting court;
• requires that cities are in "reasonable proximity" to one another if they are to contract; and
• requires all municipal courts to issue protective orders, including domestic violence civil protection orders (PO) and anti-harassment orders (AHO).

The requirement to take on protective order cases may be a hardship for cities. Unfortunately, there does not appear to be enough support for this bill without that provision. We may be faced with a situation where we must decide whether or not to support this provision in order to get the explicit authority to contract. AWC is continuing to look for a workable solution to this issue.

Sex Offender Update

The Senate worked late to pass a package of bills related to sex offenders, including SSB 6325 that preempts local authority to preclude sex offenders from living in certain areas of the city. Unfortunately, that bill passed the full Senate with only two "no" votes. AWC continues to work for an amendment to the language that allows cities to identify areas within the jurisdiction where registered sex offenders MAY live, effectively precluding them from outside those boundaries. We will work with the members of both chambers to include this language as the bills pass to the opposite chamber for consideration.

SSB 6775, introduced at the request of the Attorney General, addresses where sex offenders may visit. This bill allows a person working for any public or private facility, the primary purpose of which is to provide for the education, care, or recreation of a child or children, to order certain persons from the premises of the facility. The class of persons subject to ejection from public facilities or private businesses is limited to persons who are not currently under Juvenile Rehabilitation Administration (JRA) supervision or serving a Special Sex Offender Sentencing Alternative (SSOSA) suspended sentence and who are Level II and Level III offenders.

This bill is expected to be amended so that notice of facilities in which a sex offender has been prohibited is given at the time of registration. While it does not allow for local authority to restrict offender residences, it does provide some restrictions on where sex offenders may be.

Other sex offender bills that passed the Senate this week include:

• SSB 6144 – clarifying registration requirements for sex offenders who return to the state
• 2SSB 6172 – increasing penalties for certain sex offenses
• ESSB 6315 - providing that a landlord who rents to a registered sex offender is immune from civil liability for damages caused by the tenant
• 2SSB 6319 – more clearly defining the crime of failure to register and requiring the court to impose a term of community custody for failure to register
• SSB 6320 – requiring the Washington Association of Sheriffs and Police Chiefs to develop a model policy on sex offender notification, after receiving community input. AWC is a new member of the work group.
• SSB 6322 – providing for additional electronic monitoring of sex offenders
• SSB 6406 - including assault of a child in the second degree in the list of two-strike offenses
• ESSB 6409 - providing that an offender pleading guilty must voluntarily admit to the commission of all the elements of the crime of conviction to be eligible for a special sex offender sentencing alternative
• 2SSB 6460 - increasing penalties for crimes committed with sexual motivation
• SSB 6465 – creating new penalties for people who aid or abet a sex offender failing to register
• SSB 6478 – creating sexual assault protection orders
• SB 6479 – providing that a sexual assault advocate may not be examined as to any communication made between the victim and the advocate, unless the victim consents
• SSB 6519 - requiring sex offenders to verify twice a year that registration information is accurate

SSB 6852, which attempts to address liability reform for offender supervision, remains in the Senate Rules Committee. However, the bill is facing an uncertain future.

AWC has concerns with the bill as it is currently written, and the Attorney General’s Office, cities, counties, and legislators have met over the past week to try to find acceptable language for all sides and continue to work toward a compromise. While we continue to advocate for reforms for government liability, action on a bill to address liability for offender supervision seems less and less likely this session, even though legislators have been made aware that cities and counties may no longer be able to provide supervision of offenders due to liability concerns.

Retired Volunteer Medical Worker License (ESHB 1850)

Cities support this legislation that would allow retired medical workers to receive a limited license to provide treatment related to their prior fields. The medical workers must have held a valid license within the last ten years and register as volunteers to provide medical treatment in natural disasters or emergencies with local emergency services or management organizations affiliated with the Emergency Management Division of the Military Department. The intent of the bill is to provide a readily identified and organized pool of trained medical professionals to assist in providing treatment in the event of a major disaster.

ESHB 1850 has already passed the House and is scheduled for hearing in the Senate Health & Long-Term Care Committee on Wednesday, February 15, at 8:00 am.

Organized Retail Theft (HB 2704)

This bill enhances penalties for organized retail theft by establishing three new felony offenses: theft with the intent to resell, organized retail theft, and retail theft with extenuating circumstances. HB 2704 passed out of the House Criminal Justice & Corrections Committee and the Rules Committee, and now awaits floor action in the House. The bill is expected to pass the House. However, amendments similar to SB 5323 regarding increasing the threshold of property values for felony crimes against property are expected to be added to the bill in the Senate, which will add to municipal and district court misdemeanor caseloads and make passage in the Senate problematic for cities.

Taking of a Motor Vehicle (SSB 6491)

SSB 6491 slightly changes the definition for the felony offense of taking a motor vehicle without permission in the second degree and makes it a level IV ranked felony when the offender has at least two prior convictions. The bill also creates the new misdemeanor crime of taking a motor vehicle in the third degree for passengers who knew the car was taken without the owner’s permission. The initial view of this bill is that it is not expected to drastically change the caseload in municipal or district courts, so AWC has not weighed in.

Offender Medical Costs (HB 2950)

HB 2950 failed to pass out of the Appropriations Committee earlier this week and is considered dead for the session. This bill would have added extraordinary offender medical costs to the list of those eligible for reimbursement from the state extraordinary criminal justice expense account. We will continue to explore other options for limiting the impact of these costs on cities.

Stun Guns (HB 2835)

HB 2835 failed to pass out of the Judiciary Committee by the February 3 deadline and is considered dead for the session. AWC had supported this version, which would have established a minimum statewide set of regulations that applied to possession and use of stun guns, while continuing to allow local jurisdictions to enact more stringent local ordinances. We will continue to work with the industry and law enforcement next session to enact this common sense law.