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Law & Justice
AWC Priority
Offender Supervision (SHB 1669)
SHB 1669 establishes a gross negligence standard of liability for offender supervision, providing the same standard currently available to the state for misdemeanant supervision. This AWC priority bill passed the Senate on April 9 and is headed to the Governor for signature.
Thanks to Rep. Chris Strow (R-Oak Harbor) for sponsoring the bill. We also appreciate the work of Sen. Adam Kline (D-Seattle) to schedule the bill for hearing in the Judiciary Committee and allowing the bill to move on to the full Senate.
We also would like to thank Tom Carr, Seattle City Attorney; Judge Brett Buckley, on behalf the Municipal and District Court Judges Association; and Karen Lewis, Island County District Court Supervision Services, for their compelling testimony in support of the bill during the Judiciary Committee hearing. The Misdemeanant Corrections Association and Association of Counties also played key roles in keeping this legislation moving. Our thanks to them as well!
AWC Priority
Volunteer Worker Immunity (HB 1073)
HB 1073 passed the Senate on April 11 and the bill will be sent back to the House, which may not concur. The bill provides that volunteer workers or their sponsoring agencies would not be liable in emergencies and natural disasters or during emergency management training exercises. AWC would prefer that the amendment added in the Senate that limits immunity for emergency workers who participate in Military Department training or exercises, but excludes traveling to or from the training or exercises, be removed.
AWC Priority
Offender Medical Costs
The provisions of HB 2126, which limited the amounts hospitals could charge for offender medical care to 160% of the Medicaid rate and which had been considered dead for the session, were amended to the Governor’s health care legislation before it passed the House on April 12. See the General Local Government section for more details.
AWC Priority
Offender Re-entry (E2SSB 5070)
This bill was made eligible for floor consideration on April 6. It is still in play despite some concerns about the fiscal impact of the bill’s provisions. Numerous amendments have been filed for consideration on the floor.
The bill still includes language similar to SHB 1669 providing for a gross negligence liability standard for offender supervision by cities and counties. SHB 1669 has already passed both chambers and is headed to the Governor for signature into law.
Indigent Defense Grants (HB 1793)
As reported in last week’s Bulletin, HB 1793 passed the Legislature on April 3. The Governor is scheduled to sign the bill on Tuesday, April 17. This bill removes the cap on the number of city grants available from the Office of Public Defense. It will allow more cities to use the grants to improve public defense services to indigent defendants. AWC would like to thank Rep. Pat Lantz (D-Gig Harbor) for sponsoring the bill and Joanne Moore and the State Office of Public Defense for their support.
Unclaimed Personal Property (SSB 5193)
This bill allows law enforcement to donate unclaimed property to non-profits to benefit needy persons. It passed the Senate on April 12 and will be headed to the Governor for signature.
Under current law, law enforcement could donate bicycles and toys to charities but had to dispose of or destroy other unclaimed property. The bill was brought forth at the request of the City of Mercer Island but it enables law enforcement agencies across the state to donate these items. We are grateful for the help and support of Rep. Roger Goodman (D-Kirkland) and Sen. Dale Brandland (R-Whatcom County) for supporting this bill.
Violations of No-Contact Orders (SHB 1642)
SHB 1642 passed the Senate on April 10 and is headed to the Governor for signature. This bill addresses a technical reading by some courts have questioned the existing statute and would restore the legislative intent that all contact with victims is a violation of protection orders. AWC would like to thank Rep. Jamie Pedersen (D-Seattle) for his sponsorship of this important proposal, and his active support to get it passed.
Overpayments Received By Courts (HB 1994)
This bill had an unusual road to final passage. HB 1994 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, resulting in additional administrative and processing costs.
When the bill was brought up for a vote on the floor of the Senate, one of the senators expressed concern that the $10 threshold was too high, and the bill failed on a vote of 20-26. Later that day, after some additional information was provided, the bill was brought up again on the floor for reconsideration and passed with a vote of 38-9. The bill will now go to the Governor for signature.
AWC would like to thank court staff at the City of Bellingham for their untiring support of this bill and their timely call to action after the bill initially failed.
Non-Ambulatory Persons (SHB 1837)
This bill is similar to an issue brought up in previous years that would allow cabulances to transport non-ambulatory persons on stretchers or other mobility devices with doctor approval. Under current law, they must be transported in ambulances.
The bill establishes a stakeholder group that includes the Department of Health, the Department of Social and Health Services, and the Department of Transportation to assist in developing guidelines for vehicles transporting persons using stretchers and mobility devices. AWC has requested that cities be given an opportunity to participate in the discussions, as many provide ambulance services.
The bill passed the Senate on April 5 and will be returned to the House where they are expected to concur.
Exceptional Sentences (EHB 2070)
This bill is a response to the latest of several court decisions regarding the constitutional protections for imposing an exceptional sentence. Without it passing this year, offenders serving sentences longer than allowed by the standard sentencing grid would likely have had their sentences reduced to fall within the normal range. This is due to the courts interpreting the law in a way that required a jury, not a judge, to make determinations regarding exceptional sentences. This interpretation has resulted in several convictions involving an exceptional sentence to be retried or re-sentenced, usually resulting in the exceptional sentence being overturned and years taken off the original sentence.
Legislation was approved in 2005 involving the major issue to allow for re-sentencing or a new trial before a jury for existing cases in which sentences were imposed by the judge. However, the court determined that the change was unclear for sentences prior to the law’s effective date in 2005.
This clarification was needed to provide that, in all cases where a new trial or new sentencing hearing is required, the superior court has the authority to impanel a jury to consider any aggravating circumstances at either the new trial or, if no new trial is necessary, at the new sentencing hearing.
EHB 2070 passed the Senate on April 11 and will be sent back to the House for concurrence.
DUI Prior Offenses (SHB 2130)
This bill would make a technical correction to clarify the meaning of "prior offenses within 10 years" for sentencing when the felony DUI law approved last session goes into effect. There was some question about what started the 10-year period – the arrest or conviction. This bill clarifies that the 10-year period runs from the prior arrest to the current arrest. SHB 2130 passed the Senate on April 11 and is headed to the Governor for signature.
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