Law & Justice

Community Protection Zones Reenacted - Local Government Preempted (SSB 6325)

On the last day of session, agreement was reached to remove the sunset provision on the Community Protection Zones that were established for one year last session. The zones, 880 feet around public and private schools in which certain sex offenders who have offended against a child may not live, will now remain in effect.

The second part of the proposal preempts cities and counties from enacting any local ordinance related to residency restrictions for any sex offender. The two cities that have already enacted such an ordinance, Monroe and Issaquah, have been grandfathered. In addition, AWC is directed to work with certain interested stakeholders to develop statewide standards cities must use if the preemption is lifted. If AWC does not submit "consensus statewide standards" to the Legislature and Governor by December 31, 2007, the preemption of local government stays in place.

AWC will be asking for city participation in this effort. In order to reestablish our police powers in this area, we must develop statewide standards. To do so will require the full and active participation of all interested cities.

If you are interested in participating, please contact Tammy Fellin at tammyf@awcnet.org or 1-800-562-8981.

Other Sex Offender Bills Pass

Many of the other bills related to sex offenders also passed the Legislature during the last week, including:

• HB 2407 – regarding additional electronic monitoring of sex offenders.
• HB 3205 – allowing local law enforcement to arrest conditionally released sexual predators for violating conditions of parole.
• SSB 6144 – making registration requirements for sex offenders who return to the state consistent with in-state offenders.
• 2SSB 6172 – increasing penalties for certain sex offenses.
• 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 member of the work group.
• SSB 6406 – including assault of a child in the second degree in the list of two-strike offenses.
• 2SSB 6460 – increasing penalties for crimes committed with sexual motivation.
• SSB 6519 – requiring sex offenders to verify twice a year that registration information is accurate.
• SSB 6775 – creating the crime of criminal trespass against a child, which allows public and private entities to prohibit certain sex offenders from visiting areas where children gather or recreate.

Court-Related Bills Fail (SHB 3082, ESB 6342)

Neither proposal related to municipal courts that was tracked by AWC passed the legislature this year, but these issues will continue to be a source tension between the branches of government. SHB 3082, clarifying cities’ authority to contract together to provide court services, was stopped on the Senate floor when they failed to bring it up for a vote. We are confident there were sufficient votes for passage.

At the same time, ESB 6342, requiring all judges to be elected, was held by the House in the same position. Many, many House members were contacted by their cities to oppose this bill. Thank you to all those cities that contacted their legislators. This was the reason the bill failed.

Liability Reform and Offender Medical Issues Likely to Return Next Year (SB 6215, SSB 6852, SSB 6563, HB 2950)

As previously reported, several proposals related to government liability reform, including the Attorney General’s proposal SB 6215 and SSB 6852, the Senate Judiciary Committee’s offender supervision liability alternative about which we had significant concerns, failed move before cutoffs earlier this session. We expect that a work group will begin meeting soon to try to reach a compromise during the interim to address offender supervision liability for state and local governments.

Two AWC priority bills, SSB 6563 the seat belt admissibility bill and HB 2950, to make offender medical costs of more than $15,000 per offender per year eligible to be reimbursed under the extraordinary criminal justice assistance account, also failed move before cutoffs earlier this session.

Governor Signs Medical Liability Reform Bill (2SHB 2292)

2SHB 2292 was signed into law by the Governor on March 6. This medical liability reform bill is the result of negotiations between the two parties who sponsored initiatives last fall and Gov. Gregoire. See the February 24 Bulletin for more details.

Organized Retail Theft (HB 2704)

As expected, this bill to create three new felony offenses related to organized retail theft passed the Legislature on March 3, after the committee’s amendment increasing thresholds for property crimes was removed. These new crimes were created to give prosecutors additional tools to punish "theft rings" – people who steal goods to be re-sold. The retailers and financial institutions were behind creation of this proposal.

Emergency Management, Preparedness and Assistance Account (SB 6433)

While SB 6433 to provide a stable source of funding for the development and coordination of local government emergency management programs through an insurance surcharge did not pass this session, the supplemental budget did include a state appropriation of $2 million for these purposes. See the Municipal Finance section for more information about the supplemental budget.

Other Law & Justice Bills that Passed

• SHB 1650 - decriminalizing failure or refusal to sign all citations and notices of infractions. AWC had opposed this proposal last session, in an effort to give law enforcement and others additional time to study its effects. It was championed this session by the Sheriff and Police Chiefs Association, with AWC’s support.
• SHB 2543 – extending the sunset date for the Enhanced 911 Advisory Committee five years to 2011.

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