Contact House Members to Oppose Liability Expansion for Wrongful Injury or Death Causes of Action (3SHB 1873/SB 6696)

Please contact your Representatives in opposition to 3SHB 1873, which is ready for floor action by the full House at any time.

Tell them:

Cities oppose 3SHB 1873, which would expand the scope of individuals who could recover under wrongful death causes of action and expand the scope of recovery under those claims. Additional liability payouts will take away dollars that could be used to provide public services.
If this bill cannot be defeated, at the very least, House members should support the following amendments to limit some of the bill's most significant problems:
- Establish an upper age limit that reduces the likelihood that spouses and children are crowded out.
- Define "significant involvement" and require that it applies only to ongoing involvement at the time of death, not at any point during the decedent's life.
- Remove Section 4(5) that adds an element of damages for "the receipt of services."
- Finally, funding should be provided for local governments to cover the increased costs associated with this significant proposed expansion of liability.

As an example of the potential impact, the Association of Washington Cities Risk Management Services Agency estimated an additional payout of $2 million per case. The Attorney General's fiscal note could mean an additional $25-30 million per year for the state with their estimated increase of $1.25 million per case for claims to the state.

A similar bill in the Senate, SB 6696, failed to pass out of the Senate Ways & Means Committee before this week’s cut-off and is considered dead for the session. However, 3SHB 1873 is expected to pass the Senate if it is approved by the full House by next week.

Courts of Limited Jurisdiction (SHB 2557)

SHB 2557, which includes the recommendations of the Courts of Limited Jurisdiction Task Force that met over the interim, was placed on second reading in the House on February 14. It is expected to be considered by the full House before Tuesday’s cut-off. See last week’s Bulletin for more information.

Gang Task Force Recommendations – AWC Priority (2SHB 2712)

2SHB 2712, which includes the gang task force recommendations, passed out of the House Appropriations Committee on February 11 and was placed on second reading on February 14. The second substitute version clarified some of the provisions related to the option for a civil gang injunction. The bill is expected to have additional revisions before it makes it to the House floor for consideration. AWC supports this proposal’s new tools and funding for gang-related activities.

Assisting Local Governments with Payment for Extraordinary Offender Medical Costs (SB 6788)

SB 6788 was heard in the Senate Ways & Means Committee on February 11, but failed to pass out of the committee before the legislative cut-off. The bill provides $3 million to cities and counties for the costs of providing catastrophic care for offenders and allows cities and counties to apply for reimbursement of medical costs in excess of $10,000 per inmate per year. We are appreciative of Senator Karen Keiser (D-Renton) for her support of local government by sponsoring this bill, and are working to help it make its way into the budget this session.

Court Interpreters (2E2SHB 2176)

The Senate Judiciary Committee is scheduled to hear this bill on Wednesday, February 20, at 3:30 pm. 2E2SHB 2176 requires all trial courts to develop a language assistance plan to provide for the provision of interpreter services in both civil and criminal legal matters and provides for state reimbursement of half the cost of interpreters appointed in court if a language assistance plan is in place and the interpreter is certified or meets certain requirements.

Eluding a Police Vehicle (ESHB 1030)

ESHB 1030 would enhance the penalty for offenses involving eluding a police vehicle. It was introduced last session after the death of two 19 year olds from Yakima who were killed by another driver who was eluding police. AWC continues to be supportive of this penalty enhancement, and will sign in when it is heard before the Senate Judiciary Committee on Friday, February 22, at 1:30 pm.

Failure to Transfer Motor Vehicle Title and Registration (SSB 6527)

This bill corrects a technical issue with the current law to make the failure to transfer a motor vehicle title a continuing offense, so that the crime could be charged after the expiration of the 45-day period. It comes in response to a Supreme Court decision that eliminated law enforcement’s authority to enforce the failure to transfer title law after the 46th day. The court decision interpreted the statute as requiring that law enforcement stop the car on the 46th day – immediately after the grace period for transferring the title ends – but not after the 46th day because this was not a "continuing" offense.

The current draft of the bill requires that failure to transfer the title to be made "knowingly" and is expected to be very difficult to prove. Though it is expected to pass the full Senate in this form, we intend on making further changes in the House. It is currently in the Senate Rules Committee awaiting further action.

Property Crimes (SB 5343)

SB 5343 is on second reading and is expected to be considered by the Senate before the cut-off next week. It would increase the dollar amounts for misdemeanor and felony property crimes, resulting in some municipal courts being required to hear more cases. Because cities believe this legislation is consistent with current practice, AWC has not weighed in this session.

Sex Offender Bill Update

The Senate Human Services and Corrections Committee is hearing sex offender-related bills on Friday, February 22, at 8 am. We do expect more of these bills to be added to the agenda as they pass the House, but at this time the following bills are scheduled to be heard and have impacts on cities.

Adding Registration Requirements for Misdemeanor Crimes (HB 2728)

HB 2728 requires sex offender registration for misdemeanor and gross misdemeanor-level indecent exposure when there has been a finding of sexual motivation. Under current law, misdemeanor offenses are not required to register. This bill would require a person convicted of misdemeanor or gross misdemeanor-level indecent exposure with sexual motivation to register as a sex offender. The determination of whether an offense is committed with sexual motivation is made by special allegation, which is filed by the prosecuting attorney. It would be a new condition to be added to current misdemeanor convictions.

Adding Level 1 Sex Offenders Who Fail to Register to the Sex Offender Web Site (HB 2786)

HB 2786 requires the Washington Association of Sheriffs and Police Chiefs to include level I sex offenders who fail to maintain registration on the statewide sex offender web site. Level 1 offenders are those identified by the state risk assessment tool as those least likely to reoffend. Current law requires only level 2 and 3 offenders to be listed on the statewide sex offender web site that is available to the public. This change would require level 1 offenders who have failed to meet their registration requirements to be listed with the level 2 and 3 offenders.

Originally, the website was designed to make the most dangerous sex offenders’ information available to the public. However, it has been shown that failure to meet all the conditions of release is a good indicator of the potential to reoffend. So, by listing level 1 offenders who have failed to comply, the Legislature hopes to alert the public to even low-level sex offenders who may reoffend. This was one of the recommendations of the Governor’s task force that was appointed after the rape and murder in July, 2007 of Zina Linnik in Tacoma by a level 1 sex offender. The Senate companion is SB 6489.

Making Failure to Register as a Sex Offender a Class B Felony (2SHB 2714)

HB 2714 changes failure to register as a sex offender from a class C felony to a class B felony, resulting in a statutory maximum penalty of 120 months rather than the current 60 month maximum. The fiscal note expects this change to affect less than 20 offenders by 2013, increasing to approximately 150 by 2017. But as with the bill above, it is hoped that focusing on those offenders who fail to comply with all the conditions of their release will reduce the number who have the opportunity to reoffend.

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