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Law & Justice
Law & Justice Bills Signed by the Governor
A number of bills that have been previously reported in the Bulletin were signed into law by the Governor or sent to the Governor for signature last week:
- Offender Supervision Liability (SHB 1669), an AWC priority bill which provides a gross negligence liability standard for offender supervision.
- Indigent Defense Grants (HB 1793) which removes the cap of on the number of cities that can receive grants from the Office of Public Defense.
- Violations of No-Contact Orders (SHB 1642) clarifying that violations of protection orders are enforceable as criminal violations.
- Overpayments Received by Courts (HB 1994) allowing courts to retain overpayments less than $10 to eliminate processing costs that are often more than the refund.
- Objections to a Liquor License (EHB 2113) requiring the Liquor Control Board to give substantial weight to objections from a local jurisdiction based upon chronic illegal activity associated with the applicant's operation of the premises or any other licensed premises or the conduct of applicant's patrons inside or outside the premises.
AWC Priority
Emergency Volunteer Worker Immunity (HB 1073)
The House refused to concur in the Senate amendment to the bill and the Senate receded from its amendment to approve the House version of the bill. The final-passed version is the one that AWC preferred. The bill now moves on to the Governor for signature.
The House concurred in the Senate-passed version of the bill on April 17, and the bill has been sent to the Governor for signature. The bill increases penalties for auto theft related offenses and creates an auto theft authority to be funded with an additional $10 surcharge on traffic infractions. It will be convened by the Washington State Association of Sheriffs and Police Chiefs to provide regional efforts and resources to combat auto theft.
Impounding Cars with Expired Tabs (SHB 1892)
The Senate passed SHB 1892, sponsored by Rep. Roger Goodman (D-Kirkland), that allows law enforcement to immediately impound a car that is parked on a public right of way with a registration that is more than 45 days expired. This bill was championed by the City of Spokane to deal with the issue of "car ranching" - a term used to describe the situation when a person simply moves their vehicle after law enforcement has put a notice of intent to impound. This bill allows for the vehicle to be immediately impounded.
Gang-Related Offenses (SSB 5987)
This bill provides for a work group to evaluate gang-related crimes and potential strategies to address them in communities. It received Senate concurrence in the House amendments and has been sent to the Governor for signature.
While no further action occurred on SSB 5070 this session, the Senate Ways & Means Committee held a hearing on SSB 6157, which was amended to include many of the provisions of SSB 5070. ESSB 6157 became part of the negotiations related to the state budget, and the bill passed the Legislature before adjournment.
Of particular interest to cities are the provisions providing for up to four county pilot programs for community transition coordination networks, which would be funded with competitive grants administered by the Department of Community, Trade & Economic Development. In addition, every county would be required to consult with stakeholders, including local law enforcement, to conduct an inventory by January 1, 2008, of the services and resources available to assist offenders re-entering the community.
The bill also addresses work release facilities. It would provide for a transition of these facilities into residential reentry center that will include more services for offenders to assist reentry. These provisions also provide for a work group to evaluate issues related to work release facilities, including meaningful avenues of local government input regarding siting and operations, geographical distribution throughout the state, and victim and community safety concerns. AWC will appoint a representative to the work group.
This version of the bill includes some provisions regarding liability, but no longer includes the sections identical to SHB 1669 providing for a gross negligence liability standard for offender supervision, but SHB 1669 was signed into law on April 21.
Limiting the Use of Charitable Donations in Charging Decisions (SSB 6100)
The Senate concurred in the House amendments, and SSB 6100 is headed to the Governor for signature. The bill provides a clear policy for local jurisdictions to follow related to the practice of donations to charitable causes related to charging and deferred prosecution decisions.
Non-ambulatory Persons (SHB 1837)
As expected, the Senate concurred in the amendments to SHB 1837, and the bill passed the Legislature on April 14. See last week’s Bulletin for more information.
Exceptional Sentences (EHB 2070)
The Senate amendments related to sentencing for out-of-state prior offenses with sexual motivation and establishing a task force to review the persistent offender "three strikes" law were ruled outside the scope of EHB 2070’s subject, and the bill was returned to the Senate. The Senate struck those provisions, and passed the underlying bill providing for new jury trials or sentencing hearings for offenders convicted with enhanced sentences that had been imposed by the judge and not by a jury, which addresses a recent Supreme Court interpretation of legislation passed in 2005.
Final passage of EHB 2070 occurred on April 18.
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