Wrongful Death Causes of Action (E3SHB 1873)

This harmful legislation was heard in the Senate Government Operations & Elections Committee on Tuesday, February 26, and moved on to the Senate Ways & Means Committee without amendment.

We continue to work with other stakeholders in opposition to this legislation, which would substantially expand the scope of potential claimants and the amount of damages that can be recovered under these causes of action. Thanks to Don Anderson, Deputy Mayor of Lakewood, for testifying on behalf of cities in the committee hearing on this difficult topic.

Under one estimate, this bill is expected to increase payouts by an estimated $2 million per claim, which will further reduce our ability to provide services to the public.

Local governments provide services that involve risk – supervising offenders, designing roads, providing public safety. Though we always work to reduce risks, sometimes we are not able to achieve the outcomes we want or control the actions of third parties, resulting in claims being filed against us.

Watch for an action alert soon if your Senator serves on the Senate Ways & Means Committee. It will ask you to please contact them to express concern with the substantial increased liability costs associated with this legislation and to ask them to oppose the bill. If the bill cannot be defeated, we are hopeful that it may be amended to limit its financial impact.

Gang Task Force Recommendations (E2SHB 2712) – AWC Priority

E2SHB 2712 was heard in the Senate Judiciary Committee on Wednesday, February 27. The Senate’s version of the proposed budget released earlier this week did not include the grant funding for local law enforcement and graffiti abatement which had been included in the House version. We are hopeful that the final approved version of the budget includes funding for these important tools to address gang activities in communities.

Eluding a Police Vehicle (ESHB 1030)

An amended version of this bill passed out of the Senate Judiciary Committee on February 27. AWC continues to be supportive of this measure that would enhance the penalty for offenses involving eluding a police vehicle. The bill is named in honor of two individuals from Yakima who were killed when a driver eluding police struck their car - Guillermo "Bobby" Aguilar and Edgar F. Trevino-Mendoza.

Discussions Continue on Sex Offender Bills

Sex Offender DNA Collection (2SHB 2713/ ESSB 6488)

2SHB 2713 was heard in the Senate Human Services & Corrections Committee on Thursday, February 28, and ESSB 6488 passed out of the House Public Safety & Emergency Preparedness Committee with amendments on February 27. AWC continues to be supportive of these measures.

These bills are Governor request bills to require DNA collection for additional categories of sex offenders. ESSB 6488 expands those requirements to misdemeanors or gross misdemeanors committed with sexual motivation and creates a special allegation process for use by courts of limited jurisdiction to determine whether an offense was committee with sexual motivation.

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

HB 2786 passed out of the Senate Committee on Human Services & Corrections on February 25. The bill 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, which currently lists on only level 2 and 3 offenders on the statewide web site available to the public.

This bill was also one of the recommendations of the Governor’s task force. AWC continues to be supportive of this measure, believing that failure to comply with the conditions of release – including the registration requirement – is a reasonable indicator of an offender’s likeliness to reoffend. Therefore, adding these offenders to the website that the public may access, provides one more tool for citizens to be informed and stay safe.

Sex Offender Policy Board (SSB 6596)

This bill would create a Sex Offender Policy Board within the Sentencing Guidelines Commission to research, review, and discuss issues relating to the assessment, treatment, and supervision of sex offenders.

SSB 6596 passed out of the House Appropriations Committee on February 28. AWC has not weighed in on this matter to date. Though creating a forum for additional discussions related to sex offenders that is out of the political environment is a positive outcome, the bill does create new costs for staffing and study.

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

This bill would correct 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 passed out of the House Public Safety & Emergency Preparedness Committee on February 25. The House amended version deleted the requirement added in the Senate that the offense had to be "knowing", which would have been difficult to prove. It is currently in the House Rules Committee awaiting further action. AWC continues to support this important public safety measure.

Office of Public Defense (ESSB 6442)

This bill to eliminate the sunset date on the Office of Public Defense and clarify their statutory responsibilities passed out of the House Appropriations Committee on February 27. Part of the duties of the office include grants to local jurisdictions for improvements to indigent defense, training for public defenders and processing requests for reimbursement for "extraordinary criminal justice costs," including indigent defense costs associated with aggravated murder cases. AWC continues to support this measure.

Property Crimes (SB 5343)

SB 5343 was heard in the House Public Safety & Emergency Preparedness Committee on February 29. 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 have told us that this legislation is consistent with current practice, AWC has not weighed in this session.

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