Gang Task Force Recommendations (HB 2712)

Local option tools and funding for use by cities in addressing gang suppression, prevention and intervention is an AWC priority. The bill will be heard in the House Public Safety and Emergency Preparedness Committee on Monday, January 21, at 1:30 pm.

AWC supports the bill, but may have a few concerns about technical issues for some provisions. We have sent the legislation to a group of cities for review by their legal staff regarding impacts.

HB 2712 implements the recommendations of the Gang Task Force that was created during the 2007 session. It met in several cities during the interim to evaluate the problem of gang-related crime in our state and released a report at the end of the year with recommendations to the Legislature. The task force legislation includes:

A proposed criminal street gang definition for use by state and local law enforcement in Washington State;
$1 million for a grant program for cities and counties for graffiti abatement;
$2 million for a grant program for local law enforcement agencies to support special enforcement emphasis targeting gang crime;
The creation of a statewide gang criminal intelligence database;
New and enhanced penalties and sentencing for certain gang-related offenses;
Authorization for a civil anti-gang injunction;
Creation of a civil cause of action for victims of graffiti caused by an offender who is convicted of malicious mischief for the property damage;
Five pilot projects in the FY 2009-11 biennium to provide programs for preventing, intervening, and suppressing gang-related violence. Cities and local law enforcement would be represented on the task force to set up the program.

For more information about the task force, see www.waspc.org/index.php?c=Gang%20Related%20Crime%20WorkGroup.

Assisting Local Governments with the Cost of Providing Medical Care to Inmates (HB 2433)

HB 2433 was introduced by Rep. Al O’Brien (D-Mountlake Terrace), and is scheduled to be heard on Tuesday, January 22, at 8 am in the House Human Services Committee. By suspending, rather than terminating, eligibility for the state General Assistance-Unemployable program when a person is incarcerated, this proposal seeks to extend state medical coverage to those people. It would allow the costs of treating GA-U recipients who are incarcerated in city jails to be covered by the state rather than cities.

While it is unknown how many inmates in local jails this might include, it would result in a savings to local government. AWC will testify in support of this proposal.

Improving Operation of the Trial Courts (HB 2557)

HB 2557, which includes the recommendations of the Courts of Limited Jurisdiction Task Force led by Rep. Goodman (D-Kirkland) over the interim, was heard on Wednesday, January 16, in the House Judiciary Committee. AWC testified in support of the bill, but expressed concerns regarding a requirement in the provisions codifying the Primm v. Medina decision to require a city that contracts with a host city to provide court services to appoint the host city’s judge. The Primm decision clarified the ability of cities to contract with other cities for court services, but did not include this limitation on the selection of the judge. The committee is expected to amend the bill during executive session to remove this limitation.

Unlike versions of this legislation in past years, it does not require municipal courts to hear domestic violence and civil protection orders. The work group decided improving access to the court system for victims of domestic violence was a goal, but meaningful access requires a whole range of support services that municipal courts currently do not provide and are not likely to be able to provide without significant additional funding. Instead, it establishes a study review about how best to increase meaningful access for victims of domestic violence to the court system. Cities are one of several stakeholders who will be included in this work.

Strengthening Enforcement of Sex Offender Registration (HB 2569, HB 2439, HB 2441, HB 2442, HB 2444, HB 2445, HB 2503, HB 2508, HB 2566/SB 6373, HB 2713/SB 6488, HB 2714, HB 2715, HB 2719, HB 2728, HB 2786/SB 6489)

In the wake of an incident in Tacoma involving the murder of a young girl by a registered sex offender this summer, the issue of sex offenders will be a significant issue again in the 2008 session.

The Governor’s budget includes recommendations made by a task force charged with evaluating the case under current law, including the 18 bills signed into law during the 2006 session. The task force recommendations were completed in December, and include:

Providing funding to local government for purposes of registered sex and kidnapping offender address verification and community notification (HB 2569);
Funding for more sexual assault victim advocates in county superior courts;
Additional electronic monitoring of level II and III sex offenders;
Additional funding for community corrections officers to work in partnership with local law enforcement officers in Tacoma, Yakima, the Tri-Cities and Clark County; and
Funding for a new unified sex offender registry program to which all local registration Web sites will be linked and updated automatically.

In addition, a long list of bills focused on improving sex offender supervision have already been introduced, including the following which would place new mandates on local law enforcement or are of particular interest to cities:

HB 2439 – Requiring jails and prisons housing sex offenders to determine their immigration status and to release offenders subject to deportation into the custody of federal authorities or a federal facility used to house persons awaiting deportation.
HB 2441 – Requiring law enforcement agencies to enter into assistance compacts with the federal government to enforce immigration laws as they pertain to level III offenders and those convicted of a sex offense against a minor or for failure to register.
HB 2442 – Requiring additional notification and information on the statewide web site for level I and II offenders who have a conviction for failure to register.
HB 2445 – Ensuring that all registered sex offenders have submitted a biological sample for inclusion in the DNA identification system, which would provide funding to sheriffs to collect DNA samples for registered sex offenders not already in the database.
HB 2508 – Requiring collection by the sheriff of a DNA sample for registered sex offenders not already in the database.

The House Human Services Committee will hear HB 2439 on Tuesday, January 22, at 8 am. This bill requires jails and prisons where convicted sex offenders are confined to determine the offender's immigration status and to release offenders subject to deportation into the custody of federal authorities or at a federal facility used to house persons awaiting deportation.

The House Public Safety & Emergency Preparedness Committee will hear the following bills on this topic on Wednesday, January 23, at 8 am:

HB 2444 – Requiring registered sex and kidnapping offenders to submit information regarding any e-mail addresses and any web sites they create or operate.
HB 2503 – Concerning classification of an offender's risk level.
HB 2569 – Providing funding to local government for purposes of registered sex and kidnapping offender address verification and community notification.
HB 2714 – Changing provisions concerning registration of sex offenders and kidnapping offenders.
HB 2786/SB 6489 – Adding level I offenders who fail to maintain registration as required by RCW 9A.44.130 to the statewide notification web site.
HB 2713/SB 6488 – Providing for broader collection of biological samples for the DNA identification of convicted sex offenders and other persons.

The House Public Safety & Emergency Preparedness Committee will hear the following bills on this topic on Thursday, January 24, at 10 am:

HB 2566 – Creating the crime of viewing depictions of minors engaged in sexually explicit conduct.
HB 2715 – Enhancing the penalty for sex offenses committed in a school protection zone.
HB 2719 – Ensuring that offenders receive accurate sentences.
HB 2728 – Requiring sex offender registration for misdemeanor and gross misdemeanor-level indecent exposure when there has been a finding of sexual motivation.

The Senate Human Services & Corrections Committee will hear a number of other proposals related to sex offenders on Friday, January 25, at 8 am. The scheduled bills, some of which have not yet been formally introduced, include creating a sex offender policy board to review cases and supervision decisions and requiring DNA samples for sex offenders (SB 6488).

Wrongful Injury or Death Causes of Action Legislation Back Again This Session (ESHB 1873)

These bills would substantially expand 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 seek redress. ESHB 1873 would expand 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 be expanded to include non-economic damages. Non-economic damages would be 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’s Risk Management Services Agency which provides liability insurance to cities identified a fiscal impact of up to an additional $2 million per claim under this cause of action if all these conditions applied.

AWC is extremely concerned about the bill’s fiscal impact and will be working in collaboration with local government representatives to actively oppose this bill and limit its scope. We face an uphill battle due to the political support of its proponents, though it has not yet been scheduled.

Standards for Emergency Preparedness Kits (HB 2550)

HB 2550, sponsored by Rep. Goodman (D-Kirkland) passed out of the House Public Safety and Emergency Preparedness Committee on Wednesday, January 16. HB 2550 would direct the Department of General Administration (GA) to establish purchasing policies and safety standards for emergency preparedness kits that are purchased or procured by state and local agencies. HB 2550 would also require the GA to consult with the Emergency Management Division of the Military Department and at least two private vendors when developing these guidelines. AWC testified at the hearing to ask that local agencies be removed from the bill, however, the bill passed out of committee without amendment.

Emergency Preparedness Planning for Service Animals and Pets (SSB 5106)

SSB 5106, sponsored by Senator Jacobsen (D-Seattle), was heard on Tuesday, January 15, by the Senate General Government & Election Committee and later passed out of committee. SSB 5106 would require local jurisdictions to include provisions to meet the needs of individuals with household pets and service animals following a disaster or emergency in their comprehensive local emergency management plan. The plans would be evaluated every two years.

The development of a comprehensive emergency plan is labor intensive, and the fiscal note states there would be significant emergency planning costs to cities. The bill does contain a null and void clause if funding is not appropriated.

Statewide Radio Communications Interoperability (HB 2787)

HB 2787, sponsored by Rep. Hurst (R-Enumclaw), is scheduled for a hearing by the House Technology and Energy & Communications Committee on Tuesday, January 22, at 10 am. The bill would create an interoperability office within the Office of the Governor. HB 2787 would also establish policies for wireless radio communications systems and uniform technical requirements that would be consistent, when possible, with federal guidelines and standards to be used by state, county, and local governments.

[ previous article ] [ return to top ] [ next article ]