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Law & Justice
AWC Priority
Liability for Offender Supervision (SHB 1669)
SHB 1669 will be heard in the Senate Judiciary Committee on Friday, March 30 at 1 pm. The bill would establish a gross negligence standard for offender supervision liability, a small step in addressing liability for offender supervision services. AWC will be organizing a panel of city officials to testify in support of such a limit on this significant cost driver for cities.
AWC Priority
Emergency Worker Volunteer Immunity (HB 1073)
On Tuesday, March 27 at 1:30 pm, the Senate Government Operations & Elections Committee will hear HB 1073, an AWC priority which clarifies that emergency workers and their sponsoring agencies are not liable for assistance during a natural disaster or other emergency.
Regarding Wrongful Injury or Death of a Child (ESHB 1873)
AWC opposes this expansion of liability for wrongful injury or death causes of action. This represents a substantial expansion to the number of people who may file a cause of action in a wrongful death, and the damages for which they may seek redress to include non economic damages. The bill will be heard in the Senate Judiciary Committee on Tuesday, March 27 at 10 am. See last week’s Bulletin for a description.
Deferred Prosecution for Domestic Violence (ESHB 2191)
ESHB 2191 provides that a person charged with a misdemeanor or gross misdemeanor offense that would be considered domestic violence is not eligible for deferred prosecution more than once. There was mixed testimony in the House because some victims are also charged with domestic violence, and there was concern that some provisions should not apply. It is scheduled for a hearing before the Senate Judiciary Committee on Wednesday, March 28 at 1:30, and is expected to be passed out.
Court Interpreter Plans Required (E2HB 2176)
E2HB 2176 continues to change. In its current form, it requires all municipal and district courts to develop a language assistance plan for non-English speakers by November, 2008. In addition, it provides for the Administrative Office of the Courts (AOC) to reimburse local jurisdictions for up to half the costs of providing interpreter services if the plan has been approved, the interpreter is certified by the court, and the jurisdiction paid at the level required by AOC.
Under the current version of the bill, AOC would reimburse within funds made available by the legislature. Initially, $7.8 million was requested to cover these costs. The House budget contains $1 million for this purpose. No funds are specifically available for assistance in developing the plans. AWC requested that plans not be required of courts unless they wanted to be considered for reimbursement, and only if funds were available to help cover the cost of the plan development. We expect a budget proviso to be put in the senate budget that more closely reflects this language, though we do not yet know how much of the $7.8 million request will be funded.
Criminal Justice Issues Still in Senate Judiciary Committee
(ESHB 1030, SHB 1590)
Please contact members of the Senate Judiciary Committee and ask them to take the following actions on bills still in their committee. Please ask members to request that the chair schedule hearings on ESHB 1030 and SHB 1590 before the cut-off on Friday, March 30.
- Eluding Police (ESHB 1030), which would enhance penalties for eluding police, has not been scheduled for a hearing next week, which means the bill may not pass out of committee before the cut-off.
- Municipal Court Contracting Authority (SHB 1590), which would clarify authority for the 33 cities which currently contract with another city for court services, is also currently not scheduled for a hearing.
Violations of Protection Orders (SHB 1642)
This bill was heard this week in the Senate Judiciary Committee and passed out of committee on March 21. We appreciate Committee Chair Sen. Kline’s (D-Seattle) early scheduling of the bill. This is a technical fix to restore the legislative intent that all contact with victims is a violation of protection orders. This is not a policy change regarding protection orders, but does address a technical reading by some courts that have questioned the existing statute.
Limiting the Use of Charitable Donations in Charging Decisions (SSB 6100)
SSB 6100 will be heard by the House Judiciary Committee on Tuesday, March 27 at 10 am. AWC has monitored this bill, which was brought in response to some investigations regarding the use of charitable donations in return for a charging decision or deferred prosecution. This bill clarifies when the donations may be used.
Combating Auto Theft (E3SHB 1001)
E3SHB 1001 will be heard in the Senate Judiciary Committee on Wednesday, March 28 at 1 pm. The bill would enhance penalties for auto theft related crimes and would create an auto theft authority to help fund regional efforts to address this significant problem in many cities. AWC has worked diligently to support this legislation, and encourages our cities to signal their support to members of the Judiciary Committee.
Overpayments Received By Courts (HB 1994)
The Senate Judiciary Committee will also hear HB 1994 on Wednesday, March 28 at 1 pm. This bill would allow courts to retain overpayments under $10. It often costs more than that amount to process these overpayments under the unclaimed property statutes, and those amounts often go unclaimed. AWC supports this proposal.
Objections to the Issuance of Liquor Licenses (EHB 2113)
The Senate Labor, Commerce, Research & Development Committee will hear SHB 2113 on Thursday, March 29 at 3:30 pm. The bill would require the liquor control board to give substantial weight to local law enforcement objections in renewing or issuing liquor licenses. AWC will continue to support this bill.
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