The URL can be used to link to this page

Home My WebLink AboutCOW 2019-09-09 Item 4F - Ordinance - Exposing Minor Children to Domestic ViolenceCOUNCIL AGENDA SYNOPSIS .elleeithq Date Prepared ()).. Aela4or's review Coailed review 09/09/19 VM ,1, 6111 C 09/16/19 VM ITEM INFORMATION ITEM No. 4.F. S i 11,1, SPONSOR: VICTOR MASTERS ORIG1N 11. A( l.N1) 1 D \ i'L. 09/09/19 A --,1 N.t) \ Il U.NI TULL Proposed TMC 8.06.050 Exposing a Minor to Domestic Violence f rissIon 09/09/19 n Motion .1ligDate 1 Reolui ton :41ig Date 41 01 (finance ILegPeth, 09/16/19 D 13161 `111'clrei iIlligaile 111 PUNIC 1 lecil7IN .l lig Dale 111 011ier ,Wrg,Date : \ it,6()Ry MI D1,1 :Mg Date S I)()N()R Coaneil J,11e1)61 I IR •DCI) Irdan e 1 iie 13 •1) e"- R Par, c, E P11 E,01,, 1 Si)()Noit' s Propsed TMC. 8.06.050 Exposig a Minor to Domestic Violence is an ordinance proposed to St 1M'11 1RY make it a gross misdemeanor to commit the act of domestic violence in the presence of a child(s). Witnessing domestic violence creates lasting, psychological impacts on children that this ordinance seeks to address. The Council is being asked to consider and approve the ordinance. RI, VII 'WI 1) lY' L1 C.0 W Mtg. E CDN Comm I ince Comm Trans &Infrastructure 0 Arts Coinm, Park, Comm DATF 09/03/19 CoMMI iv' 1,LCII11R Public Safcry COMIT1 0 Planning Comm. ROBERTSON RECOMMENDATIONS: :-,PoN.,()IVATAFIN CoNENIII'11,1, POLICE Unanimous Approval; Forward to Consent Agenda COST IMPACT / FUND SOURCE 1,,x1)1,Ni)ii ulti., RI ,Q1.11R11) AMOUNT BUDGETED APPROPRIATION REQUIRED $0 so so Fund Source: Comments: MTG DATE RECORD OF COUNCIL ACTION 09/09/19 09/16/19 MTG DATE ATTACHMENTS 09/09/19 Informational Memorandum dated 8 28/19 Ordinance in Draft Form Minutes from the 9/3 PS Comrnittee Meeting' 09/19/19 117 118 .4.04 4 '1? TO: FROM: BY: City of Tukwila Allan Ekberg, Mayr INFORMATIONAL MEMORANDUM Public Safety Committee Bruce Linton, Chief of Police Victor Masters, Police Officer #222 CC Mayor Ekberg DATE: 08/27/2019 SUBJECT Proposed TMC 8,06.050 ISSUE Tukwila officers routinely respond to acts of domestic violence that occur in the presence of children under the age of 18. Witnessing such acts can have lifelong psychological impacts on children. The City of Tukwila does not currently have an ordinance that relates to exposing children to domestic violence, The proposed ordinance would seek to make it a gross misdemeanor to commit an act of domestic violence in the immediate presence of, or is witnessed or heard by, the person's or the victim's minor child, minor stepchild, or a minor child residing within the household of the person or victim, BACKGROUND More than 10 million men and women are victims of domestic violence by an intimate partner each year, 1 in 15 children are exposed to this domestic violence and upwards of 60% of those children are also likely to suffer abuse and or neglect, During the course of domestic violence investigations, Tukwila officers and detectives often discover that children were present during the act of violence. Their presence and witnessing these acts of violence can lead to lifelong psychological issues such as anxiety, depression, post -traumatic stress disorder (PTSD) and other psychological issues. Even if a child is not physically abused during the commission of an act of domestic violence, they are still a victim of domestic violence. The cities of Ossaquai), Federal VVziA, Lakewood and F'Llklip have all adopted similar ordinances that make it a crime to commit domestic violence in the presence of children, These ordinances give prosecutors an additional charge to pursue against those arrested on charges of domestic violence when said violence was committed in the presence of children. It also sends a strong and clear message that committing an act of domestic violence in front of children will not be tolerated will be a criminal offense in and of itself. DISCUSSION Open discussion on the topic of exposing a child to domestic violence. FINANCIAL IMPACT No additional funding is needed to implement and enforce the proposed ordinance, RECOMMENDATION The Council is being asked to approve the proposed ordinance TMC.8.06.050 and consider this item at the September 9, 2019 Committee of the Whole meeting and subsequent September 16, 2019 Regular Meeting, ATTACHMENTS Draft Ordinance 119 120 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING A NEW SECTION OF THE TUKWILA MUNICIPAL CODE TO ESTABLISH PENALTIES FOR THE CRIME OF EXPOSING MINOR CHILDREN TO DOMESTIC VIOLENCE, TO BE CODIFIED AS TUKWILA MUNICIPAL CODE SECTION 8.06.050; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tukwila recognizes that domestic violence incidents committed in the presence of minor children can result in not only risk to the children but life-long adverse psychological and other adverse impacts on those children: and WHEREAS, the City Council seeks to send a message that the City of Tukwila does not tolerate domestic violence, especially domestic violence committed in the presence of minor children: and WHEREAS, the City Council seeks to reduce the impact of domestic violence incidents on all victims and witnesses, including minor children who are present when an incident occurs; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Tukwila Municipal Code Section 8.06.050 Established. A new section of the Tukwila Municipal Code entitled, "Exposing Minor Children to Domestic Violence," is hereby established to read as follows: W. Word Processing \Ordinances \Crime of exposing m nor children to domestic violence 11-21-.18.doc VM.hjs Page 1 of 2 121 8.06.050 A. A person commits the crime of exposing children to domestic violence when he or she: 1. Commits a crime against a family or household member, as defined in RCW 10.99,020; and 2. The crime is committed in the immediate presence of, or is witnessed or heard by, the person's or the victim's minor child, minor stepchild, or a minor child residing within the household of the person or victim. 3. For the purposes of this section, "minor" shall mean under 18 years of age on the date of the violation. B. Exposing children to domestic violence is a gross misdemeanor. Any person convicted of this crime shall be punished by imprisonment of not less than 30 days. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City and shall take effect and be in full force five days after passage and publication as provided by law, PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2019. ATTEST/AUTHENTICATED: Christy 0°Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published. Effective Date: Ordinance Number: W Word ProcessinglOrdinances \Crime of expos ng minor chiidren to domestic violence 11-21-18.doc VKbis 122 Page 2 of 2 Public Safety Committee Minutes August 19, 2019 C. Ordinance: Exposing Minor Children to Domestic Violence *Staff is seeking Council approval of an ordinance that would add a new section to the Tukwila Municipal Code to establish penalties for the crime of exposing minor children to domestic violence. The proposal would make this act a gross misdemeanor, and conviction would result in imprisonment of at least 30 days. Similar ordinances were adopted in Issaquah, Federal Way, Lakewood and Puyallup and give prosecutors an additional charge to pursue when children are present during the violence incident. UNANIMOUS APPROVAL. FORWARD TO SEPTEMBER 9, 2019 COMMITTEE OF THE WHOLE. 111. MISCELLANEOUS Adjourned 6:36 p. m. J Committee Chair Approval 123