Law & Justice

Session Overview

Two primary issues captured legislators’ attention related to law and justice during the 2007 session – assisting offenders to successfully reenter society after having been incarcerated and the prevalence of auto theft in Washington State. The issues of liability for governmental services and help covering the costs of providing inmate medical care were in also play. Though those issues received less attention, they may have a greater impact to local governments. Each of these issues was addressed through passage of legislation.

According to the Washington State Institute of Public Policy, nearly 97% of all offenders are released from prison and must reenter society. If they are coming back to our communities, the theory goes, we may be best able to reduce recidivism if they have the tools to successfully reintegrate. While reducing the number of victims and keeping communities safer, this approach was also thought to reduce the need to build expensive new prison beds. It is the 2007 legislature’s answer to the age old question – do we rehabilitate or punish?

ESSB 6157 does a little of both. While enhancing penalties for offenders who fail to comply with the conditions of their release, it also encourages the Department of Corrections and local governments to collaborate in providing services to offenders returning to the community. Offenders are also provided greater opportunities for employment and housing to assist in their transition from prison to the community.

Washington State ranks 4th highest in the nation for auto thefts per capita. Despite dedicating resources at the local level to prevent thefts and catch thieves, the rate continues to climb. E3SHB 1001 was the legislative response to this issue, and the priority of Rep. John Lovick (D-Mill Creek). It enhances penalties for juveniles and adults convicted of auto theft, and adds $10 to the cost of a traffic ticket to fund a statewide Auto Theft Authority that will provide grants to local jurisdictions for increasing law enforcement, prosecution, adjudication, and incarceration of auto theft.

Two issues of special importance to cities, but that garnered less public attention during the session, were also addressed. Getting greater protection from liability for supervising offenders has been a priority of AWC for several years. This session, we were able to achieve passage of a bill that requires a plaintiff to prove we were grossly negligent (rather than simply negligent) in order to bring a suit for damages. While the differences will be argued in court, this is the current standard applied to the state for misdemeanant supervision, and it is a clear win for cities.

Finally, cities were able to get some help with the issue of how to pay for medical care for offenders. E2SSB 5930 clarifies that the unit of government that initiates charges, not the jurisdiction whose law enforcement officer makes the arrest, is responsible for covering medical costs until conviction. This will assist cities when making a felony arrest by clarifying that they are not responsible for those medical costs prior to adjudication for the crime. (Other provisions of this bill are discussed in the General Local Government section.)While we had also wanted help with the rate cities are charged for medical care to provide to inmates, we have the assurances of several legislators that they will help with that issue in 2008.

Major Bills

AWC Priority - Gross Negligence for Offender Supervision (SHB 1669)

SHB 1669 creates a gross negligence standard for offender supervision that is provided at the direction of district and municipal courts. This bill puts local government on par with the state Department of Correction for the standard expected of the oversight we provide when supervising misdemeanants. It begins to recognize the limits on our ability to control offenders’ behavior while under supervision by providing slightly better protection from lawsuits for local government.

[C 174 L 07; Effective Date: July 22, 2007]

AWC Priority - Emergency Worker Volunteer Immunity (HB 1073)

HB 1073 expands the category of volunteer emergency workers who are immune from liability when providing covered services, and extends this immunity to the local government, if there is one, that is directing the volunteer workers’ activities. It also enhances the protection provided by the state for paid emergency workers by having the state indemnify local government for actions of the paid emergency worker.

[C 292 L 07; Effective Date: July 22, 2007]

Minor Bills

Auto Theft (E3SHB 1001)

This bill to address auto theft was a significant issue during the 2007 session. Auto theft legislation has been introduced in nearly every legislative session for the past decade, but the Legislature failed to act comprehensively. The Washington State Association of Sheriffs and Police Chiefs (WASPC) worked with legislators and stakeholders to craft a comprehensive auto theft bill that increases penalties for adult and juvenile offenders, and that creates a mechanism to coordinate auto theft strategies and administer auto theft enforcement grants. The bill is named after Seattle Police Officer Elizabeth Nowak, who was killed in a traffic accident in November 2006 by an individual with a criminal record including 20 car thefts who was driving a stolen car.

E3SHB 1001 includes the following key provisions enhancing penalties for auto theft crimes: triples the offender score for repeat car thieves, which will have the effect of sending offenders to prison on the third conviction, rather than the seventh conviction under the current law; creates mandatory minimum penalties for juvenile car thieves; prohibits auto theft tools; counts prior offenses for Vehicle Prowling 2 (a gross misdemeanor) for sentencing in subsequent car theft convictions; and removes the value of a stolen vehicle as an element for levels of seriousness for car theft related crimes.

The bill also creates the Auto Theft Prevention Authority within WASPC to administer enforcement grants to local jurisdictions, create a statewide auto theft strategy, coordinate public awareness campaigns around auto theft, and facilitate the acquisition of auto theft enforcement technologies such as bait cars. The auto theft authority will be funded by a $10 increase in traffic fines.

[C 199 L 07; Effective Date: July 22, 2007]

Jurisdiction Over Judgments (SHB 1144)

SHB 1144 grants district courts jurisdiction over proceedings to civilly enforce a money judgment from a municipal court or municipal department of a district court. This bill clarifies the current practice of moving municipal court judgments to district courts for collections under civil enforcement procedures. A district court filing fee of $43 would be imposed for transferring the judgment, and district courts would not be allowed to vacate or amend the judgments.

[C 46 L 07; Effective Date: July 22, 2007]

Window Tint Exception (HB 1344)

HB 1344 was introduced at the request of the Washington State Patrol. It exempts the side and rear windows of law enforcement vehicles, including local law enforcement, from the window tinting restriction that requires minimum light transmission of 35% as compared to clear glass.

[C 168 L 07; Effective Date: July 22, 2007]

Dangerous Wild Animals (HB 1418)

HB 1418 passed after six years of work to modify the bill to accommodate stakeholders’ concerns. The bill prohibits a person from owning, possessing, keeping, harboring, bringing into the state, having custody or control, or breeding a potentially dangerous animal, with certain exceptions. Local animal control and law enforcement are authorized to enforce the provisions, but there is no requirement to pass a new ordinance or create a new animal control authority.

[C 238 L 07; Effective Date: July 22, 2007]

Sexual Assault Protection (HB 1437)

HB 1437 expands the provision prohibiting filing fees for sexual assault protection orders and free certified copies to prohibit charges for service of process by public agencies for these orders.

[C 55 L 07; Effective Date: July 22, 2007]

Polygraph Examinations of Sexual Assault Victims (HB 1520)

This bill prohibits law enforcement officers, prosecutors, and other government officials from asking or requiring a victim of an alleged sex offense to submit to a polygraph exam as a condition of proceeding with the investigation of the offense. The victim's refusal to take one of these tests will not prevent the investigation, charging, or prosecution of the offense. This change puts Washington in compliance with Violence Against Women Act requirements to be eligible for federal grants for prevention and responses to domestic violence and sexual assault crimes.

[C 202 L 07; Effective Date: July 22, 2007]

Violations of No-Contact Orders, Protection Orders, and Restraining Orders (SHB 1642)

This bill addresses a technical reading by some courts that have questioned the existing statute regarding violations of these orders and would restore the legislative intent that all contact with victims is a violation of the protection orders. Some courts had interpreted the previous statute to mean that only certain types of contact could be enforced as criminal offenses and that other violations could only be enforced as a civil violation of the order. This bill clarifies that all contact is a violation of the order, and that violations may be enforced as criminal offenses.

[C 173 L 07; Effective Date: July 22, 2007]

Indigent Defense Grants (HB 1793)

HB 1793 removes the limit on the number of cities that may receive grants from the state Office of Public Defense to improve their indigence defense services. Cities had been limited to five.

[C 59 L 07; Effective Date: July 22, 2007]

Transport of Non-Ambulatory Persons (SHB 1837)

This bill allows ambulances 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 also 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.

[C 305 L 07; Effective Date: July 22, 2007]

Court Overpayments (HB 1994)

This bill allows courts to retain overpayments of less than $10. The bill is as response to an auditor interpretation last year that all overpayments, regardless of amount had to be processed through the state’s unclaimed property procedures, resulting in processing costs that exceeded the amount of the overpayment. Courts will be allowed to retain overpayments in the jurisdiction’s general fund.

[C 183 L 07; Effective Date: July 22, 2007]

Objections by Cities, Towns, and Counties to the Issuance of Liquor Licenses (EHB 2113)

This bill requires the Liquor Control Board to give substantial weight to objections from a local jurisdiction in decisions to grant or renew liquor licenses, if the objections are based on 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. Chronic illegal activity is defined to include a pervasive pattern of activity that threatens the public health, safety, and welfare, such as open container violations, assaults, or other criminal violations; a disproportionate number of calls for service for police or emergency medical; or an unreasonably high number of citations for driving under the influence associated with the applicant's operation of any licensed premises.

[C 473 L 07; Effective Date: July 22, 2007]

DUI Prior Offenses (SHB 2130)

The 2006 Legislature passed legislation making a DUI a class C felony if the person has four or more prior offenses within ten years, but it did not define how that ten year period would be calculated. SHB 2130 clarifies that the time period calculation for the prior offense will run from prior arrest to the current arrest for this law which takes effect in July 2007.

[C 474 L 07; Effective Date: July 22, 2007]

Unclaimed Personal Property (SSB 5193)

SSB 5193 allows state and local law enforcement to donate unclaimed property to charitable organizations rather than destroying it. Cities often come into possession of such property through police investigations of theft. If it is unclaimed, this bill allows it to be donated.

[C 219 L 07; Effective Date: July 22, 2007]

Judicial Orders Concerning Distraint of Personal Property (SSB 5405)

This bill is a response to a federal court case finding that there is no statutory authority for a judge to order a break and enter in the statutes governing the execution of judgments. This bill clarifies that sheriffs have authority to enforce writs of execution for property. If the property at issue is personal property that is concealed in a building or enclosure, the sheriff has the authority to publicly demand delivery of the property. If the property is not relinquished, the sheriff has the authority to cause the building or enclosure to be broken open and to take possession of the property if it is stated in the order of execution.

[C 37 L 07; Effective Date: July 22, 2007]

Jail Services (SSB 5625)

This bill allows cities or counties to contract with the adjacent cities or counties in neighboring states for jail services for offenders convicted in the courts of this state to serve their terms of confinement.

[C 13 L 07; Effective Date: July 22, 2007]

Gang-Related Offenses (SSB 5987)

SSB 5987 creates a work group to study gang-related offenses. The Washington Association of Sheriff and Police Chiefs is directed to convene the group to evaluate and make recommendations regarding additional legislative measures to combat gang-related crime, the creation of a statewide gang information database, possible reforms to the juvenile justice system for gang-related juvenile offenses, best practices for prevention and intervention of youth gang membership, and the adoption of legislation authorizing a civil anti-gang injunction. Results of the evaluation must be reported to the Legislature on or before January 1, 2008.

[C 389 L 07; Effective Date: July 22, 2007]

Charitable Donations (SSB 6100)

This bill prohibits a city attorney, county prosecutor, or other prosecuting authority from dismissing, amending, or agreeing not to file a criminal charge or traffic infraction in exchange for a contribution, donation, or payment to any person, corporation, or organization. Payments to any specific fund authorized by state statute, or collection of costs associated with actual supervision, treatment, or collection of restitution under a pretrial diversion program are permitted. Payment of costs of pretrial supervision are not prohibited. A city attorney or prosecutor is not prohibited from the collection of costs associated with actual supervision.

[C 367 L 07; Effective Date: July 22, 2007]

Offender Recidivism (ESSB 6157)

This bill makes a number of changes in state programs related to housing, education, offender treatment and assistance programs to assist offenders to transition successfully back to communities. 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 centers 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.
In addition, the bill includes some provisions limiting liability related to programs to assist offender reentry.

[C 483 L 07; Effective Date: July 22, 2007]

Inmate Labor (SJR 8212)

In 2004, the Washington State Supreme Court determined that the law authorizing Class I jail industries conflicts with article II, section 29 of the state constitution. This resolution places on the November ballot a constitutional amendment to allow the state contract out the labor services of inmates, if provided by statute. The amendment also adds inmate work in state-run inmate labor programs to the existing provisions allowing the Legislature to provide for the working of inmates for the benefit of the state. The inmate labor programs must be operated so that they do not unfairly compete with Washington businesses as determined by law.

[Effective Date: Upon approval by the voters at the next general election]

Bills That Failed

Eluding Police (ESHB 1030)

ESHB 1030 would have provided a sentence enhancement of one year and a day for offenses involving attempting to elude a police vehicle.

Monitoring Sex Offenders (HB 1133)

This bill would have required the Washington Association of Sheriffs and Police Chiefs to conduct a study of the current state of technology for using radio frequency identification or other similar technology to electronically monitor sex offenders, and the future costs and benefits of using this technology compared to current methods of monitoring sex offenders.

Medicaid Coverage for Youth Temporarily Placed in Juvenile Detention (HB 1387)

This bill would have required DSHS to interpret Federal statute to allow payment for services for Medicaid eligible youth who are temporarily placed in juvenile detention facilities for up to 60 continuous days or until adjudication.

Clarifying Municipal Court Contracting Authority (SHB 1590)

SHB 1590 would have clarified authority for cities to contract with one another for court services. While the legislation did not pass, the Supreme Court issued a decision on May 10 upholding the authority of cities to contract with one another for services in Medina v. Primm. In the case, a defendant had challenged court jurisdiction due to the court contracting arrangement. While the court ruled in support of city authority, the concurring opinion authored by the Chief Justice invites the Legislature to take action to limit city authority to provide for contracted court arrangements, particularly if the cities are not in “close proximity” to one another.

Registry of Methamphetamine Offenders (HB 1754)

This bill would have created a registry of methamphetamine offenders. The registry would include the name and offenses of the offender, along with identifying information, would be maintained by the Washington State Patrol, and would have been made available to the public on the internet.

Automating the Reporting Requirements for Methamphetamine Precursor Sales (HB 1797)

This bill would have required the State Board of Pharmacy to establish a centralized electronic system for retailers to comply with their current requirement to report methamphetamine precursor sales of ephedrine, pseudoephedrine, and phenylpropanolamine. The electronic reporting would be made available to local, state and federal law enforcement. The substitute version of the bill would have required the State Board of Pharmacy to study the centralized reporting concept.

AWC Priority - Extraordinary Offender Medical Costs (HB 1808)

This bill would have provided a process for cities and counties to seek reimbursement for offender medical costs over $15,000 per year per offender under the extraordinary criminal justice costs account.

Command and Control Data System Pilot Project (SHB 1840)

SHB 1840 would have allowed the State Interoperability Executive Committee (SIEC) to establish a pilot project to design and test a web-based reporting system in conjunction with a proposed interoperability project for Region 1 to prepare security for the 2010 Olympic Games. The substitute bill specified that the project would be a web-based reporting system rather than a command and control data system. The substitute bill removed the reporting requirements for feasibility and cost study for implementing the command and control data system." While the bill did not pass, some funding was provided in the state operating budget for this purpose.

Case Management Services for Dangerous Mentally Ill Offenders (HB 1853/SB 5698)

This bill would have required all Regional Support Networks to provide Community Integration Assistance Programs for offenders who suffer from a mental illness and pose a threat to public safety.

Wrongful Injury or Death Causes of Action (ESHB 1873/SB 5816)

This bill would have substantially expanded the scope of liability in wrongful injury or death causes of action by expanding the number of people who may file a cause of action in a wrongful death, and the damages for which they could have sought redress. ESHB 1873 would have expanded liability by including a wrongful injury or death cause of action for parents for children under 26, parents dependent on the child for support, and parents of children with developmental disabilities regardless of their age. In addition, the scope of damages that could have been recovered would have expanded to include non-economic damages. Non-economic damages would have been recoverable by the personal representative on behalf of the estate for loss of enjoyment of life and shortened life expectancy, in addition to emotional distress and pain and suffering on behalf of the victim.

AWC worked in collaboration with the Liability Reform Coalition, the Washington Defense Trial Lawyers, and the insurance industry to actively oppose this bill and limit its scope.

Offender Re-entry into the Community (SHB 1874, E2SSB 5070)

These bills made a number of changes in state programs related to housing, education, offender treatment and assistance programs to assist offenders to transition successfully back to communities. While neither of these bills passed, substantial portions were included in ESSB 6157.

Emergency Shelters (HB 1933)

HB 1933 would have required all public schools in Washington to be available to the public as emergency shelters during states of emergency.

Compensating Auto Theft Victims for Towing and Impound Fees (HB 1962)

This bill would have created a program within the Department of Licensing to provide compensation for the costs incurred for the towing and storage of a stolen vehicle if the owner filed a vehicle theft report. The compensation would have been funded with $100 fee on every sentence for theft of a motor vehicle or taking a motor vehicle without permission.

Authorizing Tribal Law Enforcement Officers to Act as Washington State Peace Officers (SHB 2013)

The bill would have authorized the Washington State Patrol (WSP) to issue tribal law enforcement officers commissions to act as general authority Washington peace officers and would have required that the procedures regarding the issuance and revocation of a commission be set forth in a written agreement between the Chief of the WSP and a tribal government.

AWC Priority - Limiting Medical Costs for Offenders (HB 2126)

This bill would have limited the costs billed for medical treatment provided to offenders who do not have insurance or who are not eligible for Medicaid to 160% of the Medicaid rate. This would help lower costs for those jurisdictions that have been required to pay the most expensive rate, the uninsured rate, for these treatment costs.

Malicious Mischief (HB 2133)

This bill would have raised the property damage thresholds for malicious mischief crimes from $1500 to $2500 for felony malicious mischief in the first degree and from $250 to $500 for felony malicious mischief in the second degree. This would have increased the misdemeanant caseload for cities, because damage of property under $500 would have been misdemeanors.

Revising Provisions Involving Court Interpreters (E2SHB 2176)

E2SHB 2176, which continued to change throughout the legislative session, would have required courts to develop a language assistance plan for non-English speakers by November 2008. The bill did not pass the Senate, however the state operating budget provides $2 million for the Office of Administrator for Courts to provide partial reimbursement to trial courts for the cost of providing certified and registered spoken language interpreters and qualified interpreters in visual languages. The budget proviso also requires that AOC assists the courts in developing and implementing limited English proficiency plans and translating critical court forms for statewide use.

Enhanced 911 Radio Network (SHB 2225)

SHB 2225 sought to establish a work group to study how to improve the delivery of emergency information to the public in the event of an ongoing emergency. The bill outlined workgroup membership as well as objectives.

Property Crimes (SB 5343)

This bill would have increased the property thresholds for property crimes, resulting in more cases being added to the misdemeanor caseload. For theft, felony possession of stolen property, malicious mischief, and theft of leased or rental property in the first degree, the property threshold would have increased from the current level of property over $1,500 to $5,000. Second degree offenses would have increased from a range of $251 to $1,500 to a range of $751 to $5,000. Third degree offenses would have been gross misdemeanor offenses if the property value was $750 or less, up from $250.

Municipal Court Contracting, Subject Matter Jurisdiction Expansion, and Election of Judges (SSB 5353)

The original version of the bill would have clarified authority for cities to contract with one another for court services, similar to SHB 1590, which AWC supported. But the bill also would have required all municipal court judges to be elected. Currently, those cities with part-time judges serving less than 35 hours per week may appoint the judge. The bill also still contained provisions expanding subject matter jurisdiction to include domestic violence and other protection orders for all municipal courts. Those requirements would have been particularly problematic for those courts that operate part-time due to the potential additional cost associated with issuing protection orders, as they are often needed on an emergency basis.

The substitute version of the bill would have required all municipal courts with part-time appointed judges to go through a nominating committee process for appointment and then to submit the judge for a retention election after two years of service and a retention election to continue serving every four years thereafter, instead of requiring all judges to be elected.

As noted above under SHB 1590, the Washington State Supreme Court issued a decision on May 10 affirming city authority to contract with other cities for court services.

Filing of Police Reports for Identity Theft (SB 5878)

This bill would have provided that a person who has learned or reasonably suspects that his or her financial information or means of identification has been unlawfully obtained, used by, or disclosed to another, could have filed an incident report with a law enforcement agency. The law enforcement agency would have been required to file a police incident report of the matter and provide the complainant with a copy of the report.

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