Gang Task Force Recommendations (E2SHB 2712) - AWC Priority

E2SHB 2712 is the result of the Gang Task Force that met over the course of the summer in several locations around the state. Prior to final passage on March 10, the Senate amended the bill to remove the civil anti-gang injunction authority and the provisions related to planning for new intervention and prevention grants. Those new grants will be sought in the 2009-2011 budget.

The bill includes a number of helpful tools for cities in addressing gang activity, suppression and intervention:

providing a common definition of a gang and gang activity,
creating a statewide database for gang activity,
providing funding for law enforcement and graffiti abatement grants, which is included in the final version of the operating budget,
adding penalties for gang-related offenses, and
creating a civil cause of action for property owners to recover damages for graffiti or tagging.

Wrongful Death Causes of Action (E3SHB 1873)

This bill was in play until the last hours of the session, but failed to pass before the Legislature adjourned.

On March 8, the House refused to accept the Senate’s amendments that (a) limited the application of joint and several liability for the state and political subdivisions for new damages and claimants created under the bill; and (b) added an age limit of 26. The bill went back to the Senate where a number of proposals to strip out the age limit of 26 and to put further conditions on the joint and several liability exclusion were proposed. At the end of the day, there were exactly enough votes - 25 - to refuse to amend the bill further, which resulted in it not passing.

The proposed new Senate amendments caused concern because they may have applied joint and several liability to all cases involving state or local government defendants, which under current law is limited to those cases involving fault-free plaintiffs. The concept behind this amendment was to create an incentive for state and local governments to use increased risk management practices. As a defendant in a wrongful death action, if a city were to prove that it knew of the risk that contributed to the death and took reasonable efforts to mitigate that risk, then the jury could decide whether to make the co-defendants jointly liable. While well-intentioned, this amendment had serious implications for disclosure and burden of proof issues.

Overall, cities had been concerned that we would be subject to new causes of action by parents of all adult children, rather than current law at age 18, or any insurance beneficiary of someone who suffers a wrongful death. In addition the bill would have expanded damages for both existing and expanded claimants, which would have increased costs for local governments. Finally, under joint liability government is often the "deep pocket," so any expansion of damages generally affects government more drastically.

To oppose this effort took the efforts of many organizations and individuals. AWC would like to thank all of you who made calls and sent e-mails to your legislator in response to our action calls. In addition, we would like to recognize the efforts of the Association of Counties, Association of County Officials, Defense Trial Lawyers, Attorney General’s Office, Hospitals Association, Public Utility Districts, Sewer and Water Districts, Fire Commissioners, and so many others who helped with this effort.

Eluding a Police Vehicle (ESHB 1030)

As expected, the House concurred with the Senate amendments to ESHB 1030 and it passed the Legislature on March 8th. The bill will enhance the penalty for endangering a person or persons, other than the defendant or pursuing police officer, while eluding a police vehicle. It is named the Guillermo "Bobby" Aguilar and Edgar F. Trevino-Mendoza public safety act of 2008, in honor of two young men from Yakima who were killed when a driver eluding police struck their car.

Courts of Limited Jurisdiction (2SHB 2557)

This bill implementing the recommendations of the courts of limited jurisdiction task force achieved final passage on March 8 and was sent to the Governor for signature on March 12. See last week’s Bulletin for more information.

Sex Offender Bills Sent to Governor

Sex Offender DNA Collection (2SHB 2713)

This bill requires DNA collection for additional categories of sex offenders and was delivered to the Governor on March 12. AWC has been supportive of this Governor-request bill.

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

AWC has also supported this sentence enhancement as a tool to reduce the likelihood that offenders will reoffend, which passed on March 12.

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 on the statewide sex offender web site during the time that they are out of compliance with registration requirements. Current law only requires level 2 and 3 sex offenders, who are deemed more likely to reoffend, to be listed on this public web site. The House concurred in these Senate amendments and passed the bill.

Sex Offender Policy Board (SSB 6596)

This bill creates 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. It passed on March 10 and was delivered to the Governor on March 12.

Other Sex Offender Bills Did Not Pass

Adding Registration Requirements for Misdemeanor Crimes (HB 2728)

This bill would have required sex offender registration for misdemeanor and gross misdemeanor-level indecent exposure after a special allegation and finding of sexual motivation.

Sex Offender Immigration Status (SHB 2439)

This bill would have required the governing authorities of facilities 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 to a federal facility.

Sex Offender E-mail and Web Sites (SHB 2444)

This bill would have required registered sex and kidnapping offenders to submit information regarding any e-mail addresses and any web sites they create or operate.

Office of Public Defense (ESSB 6442)

This bill eliminates the sunset date on the Office of Public Defense and clarifies their statutory responsibilities. It passed on March 11 and was delivered to the Governor on March 12.

Court Interpreters (2E2SHB 2176)

2E2SHB 2176 codifies the federal requirements requiring all trial courts to develop a language assistance plan to provide for the provision of interpreter services in both civil and criminal legal matters. It also provides for state reimbursement of up to 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 and provides direction to the Administrative Office of the Court to provide assistance. It was forwarded to the Governor for signature into law on March 12.

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 passed on March 10 and was delivered to the Governor on March 13.

Watch for a survey soon on Offender Medical Costs

As previously reported, the two bills addressing offender medical costs, SB 6788 and HB 2433 failed to pass out of their original house. SB 6788 would have provided $3 million to cities and counties to provide catastrophic coverage for cities and counties with offender medical costs in excess of $10,000 per offender per year. HB 2433 would have suspended, rather than cut-off GAU assistance eligibility for offenders in custody, which would have allowed them to retain eligibility for medical assistance.

Meanwhile, AWC will be pursuing a feasibility study for a potential program to provide a pooled or rated per offender per day coverage for theses unpredictable costs. Look for a survey to arrive at your city soon.

The data will assist us in evaluating feasibility and costs of such a program, as well as provide data for legislation on this issue, which is likely to return again next session.

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