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Home My WebLink AboutReg 2022-10-03 Item 8 - Ordinance - Repeal Certain ordinances as Codified in TMC Chapter 8.30 "Crimes Relating to Persons"COUNCIL AGENDA SYNOPSIS CI- � 4 Initials ITEM NO. O 1,... Meeting Date Prepared by Mayor's review Council review 10/3/22 LH Q \\......., 1908 ITEM INFORMATION STAFF SPONSOR: KARI SAND ORIGINAL AGENDA DATE: 10/3/22 AGENDA ITEM TITLE Ordinance Amending Tukwila Municipal Code Chapter 8.30, "Crimes Relating to Persons," in accordance with recent changes to state law. CATEGORY ❑ Discussion Mtg Date ❑ Motion Mtg Date ❑ Resolution Mtg Date 0 Mtg Ordinance Date 10/3/22 ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date SPONSOR 11 Council ►1 Mayor ❑ Admin Svcs ❑ DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PIS SPONSOR'S The City Council is asked to authorize an ordinance amending Chapter 8.30, "Crimes SUMMARY Relating to Persons," in accordance with recent changes to state law relating to civil protection orders. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev. ❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONsoR/ADMIN. City Attorney COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/3/22 MTG. DATE ATTACHMENTS 10/3/22 Information Memo dated 9/27/22 Draft ordinance 177 178 W i City of Tukwila 190a Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: City Council FROM: Kari Sand, City Attorney DATE: September 27, 2022 SUBJECT: Ordinance Amending TMC 8.30, Crimes Relating to Persons ISSUE Tukwila Municipal Code Chapter 8.30, "Crimes Relating to Persons," needs to be updated in accordance with recent changes to state law. BACKGROUND Under state law, courts can issue several types of civil protection orders to restrain individuals from engaging in harmful or threatening behavior. Civil protection orders are available for persons subjected to domestic violence, sexual assault, stalking, harassment, and vulnerable adult abuse. A court may grant broad relief to the protected party, such as restraining a person from having contact with or threatening them, excluding a person from certain locations or from coming within a specified distance of certain locations, or prohibiting a person from possessing a weapon when they have been deemed an extreme risk of harm to themselves or others. The penalty for knowingly violating a protection order is generally a gross misdemeanor, though there are exceptions—for example, it is a felony when an individual commits an assault in the process of violating a domestic violence protection order. Prior to July 1, 2022, the statutes criminalizing violations of the various types of protection orders authorized under state law were scattered throughout the Revised Code of Washington (RCW). However, in 2021, the Washington State Legislature enacted Engrossed Second Substitute House Bill 1320 (E2SHB 1320) to consolidate, modernize, and harmonize state laws concerning civil protection order to improve their efficacy and accessibility. E2SHB 1320 established a new chapter 7.105 RCW to govern all types of protection orders and repealed the prior laws. TMC Chapter 8.30, "Crimes Relating to Persons," adopts by reference those state laws that criminalize protection order violations with gross misdemeanor penalties, which can be enforced in courts of limited jurisdiction like the King County District Court. Because these state laws were recodified through enactment of E2SHB 1320, TMC Chapter 8.30 must be amended to be consistent with the new state law in order for the City to effectively prosecute violations of these laws. The proposed ordinance amends TMC 8.30 to strike references to portions of the RCW that were repealed through enactment of E2SHB 1320 and to adopt the newly recodified RCWs criminalizing violation of protection orders by reference. This ordinance also adopts by reference the RCW criminalizing violation of an extreme risk protection order (ERPO), an order that temporarily prohibits possession of a firearm by an individual who the court determines poses an extreme risk of harm to themselves or others. The former RCW 179 INFORMATIONAL MEMO Page 2 penalizing ERPO violations was never adopted by the City, which was likely an oversight due to the infrequent issuance of such orders, as well as the statute's codification in a somewhat obscure chapter of the RCW. The City Attorney recommends adoption of the proposed ordinance with an emergency declaration calling for the ordinance to become effective immediately upon passage. This is because chapter 7.105 RCW went into effect on July 1, 2022, and consequently, the TMC provisions relating to protection order violations are now out of sync with state law, which could subject pending cases to legal challenge and affect the City's ability to enforce these important laws. RECOMMENDATION The City Council is asked to approve the draft ordinance at the 10/3/22 Regular Meeting and to be effective immediately. ATTACHMENTS 1. Ordinance 180 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON; REPEALING ORDINANCE NOS. 2497 §3, 2195, 1789, 1677 §11, 1469, AND 1363 §1 (PART), AS CODIFIED IN VARIOUS SECTIONS OF TUKWILA MUNICIPAL CODE CHAPTER 8.30, "CRIMES RELATING TO PERSONS," AS STATED HEREIN; PROVIDING FOR SEVERABILITY; DECLARING AN EMERGENCY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Tukwila Municipal Code Chapter 8.30 adopts by reference several state statutes relating to crimes against persons; and WHEREAS, in 2021, the Washington State Legislature passed Engrossed Second Substitute House Bill (E2SHB) 1320, which recodified multiple state statutes involving crimes of physical harm, domestic violence, and harassment, including those adopted by reference in Tukwila Municipal Code Chapter 8.30; and WHEREAS, the Tukwila City Council now desires to repeal Ordinance Nos. 2497 §3, 2195, 1789, 1677 §11, 1469, and 1363 §1 (part), as codified in Tukwila Municipal Code sections as stated herein; and to adopt by reference statutes recodified and adopted by E2SHB 1320, having judged that the laws contained therein are in the best interests of the City; and WHEREAS, these amendments to Tukwila Municipal Code Chapter 8.30, "Crimes Relating to Persons, are necessary to harmonize the chapter with changes to state law effectuated by enactment of E2SHB 1320, effective July 1, 2022, and to adopt by reference all gross misdemeanor protection order violations identified in state law as necessary to protect the public health, safety, and welfare, the City Council finds that a public emergency exists requiring these amendments to become effective immediately upon adoption in order for the City to effectively enforce the state's protection order violation laws; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Ordinance Nos. 2195, 1469, and 1363 §1 (part), as codified at Tukwila Municipal Code (TMC) Section 8.30.010, are hereby repealed. CC:\Legislative Development\Crimes Against Persons -Update TMC Ch 8.30 9-27-22 KS:bjs Review and analysis by Barbara Saxton Page 1 of 5 181 Section 2. Repealer. Ordinance Nos. 1789 and 1363 §1 (part), as codified at TMC Section 8.30.030, are hereby repealed. Section 3. Repealer. Ordinance Nos. 2497 §3 and 1677 §11, as codified at TMC Section 8.30.060, are hereby repealed. Section 4. TMC Section 8.30.010, "Assault and Other Crimes Involving Physical Harm," is hereby re-enacted to read as follows: 8.30.010 Assault and Other Crimes Involving Physical Harm The following statutes of the State of Washington are hereby adopted by reference as now in effect or as may be subsequently amended or recodified: RCW 9A.36.041 Assault in the fourth degree. RCW 9A.36.050 Reckless endangerment. RCW 9A.36.070 Coercion. RCW 9A.90.120 Cyber harassment. RCW 9A.90.130 Cyberstalking. RCW 9.61.230 Telephone calls to harass, intimidate, torment or embarrass. RCW 9.61.240 Telephone calls to harass, intimidate, torment or embarrass Permitting telephone to be used. RCW 9.61.250 Telephone calls to harass, intimidate, torment or embarrass Offenses, where deemed committed. Section 5. TMC Section 8.30.030, "Domestic Violence – State Statutes Adopted by Reference," is hereby re-enacted to read as follows: 8.30.030 Civil Protection Orders – State Statutes Adopted by Reference The following statutes of the State of Washington, are hereby adopted by reference as now in effect or as may be subsequently amended or recodified: RCW 7.105.010 Definitions. RCW 7.105.050 Jurisdiction—Domestic violence protection orders, sexual assault protection orders, stalking protection orders, and antiharassment protection orders. RCW 7.105.065 Jurisdiction—Vulnerable adult protection orders. RCW 7.105.070 Jurisdiction—Extreme risk protection orders. RCW 7.105.075 Venue. RCW 7.105.080 Personal jurisdiction over nonresidents. RCW 7.105.085 Out-of-state child custody jurisdictional issues. RCW 7.105.100 Filing—Types of petitions. RCW 7.105.105 Filing—Provisions governing all petitions. RCW 7.105.110 Filing—Provisions applicable to specified orders. RCW 7.105.115 Forms, instructions, etc.—Duties of the administrative office of the courts—Recommendations for filing and data collection. CC:\Legislative Development\Crimes Against Persons -Update TMC Ch 8.30 9-27-22 KS:bjs Review and analysis by Barbara Saxton 182 Page 2 of 5 RCW 7.105.120 Filing—Court clerk duties. RCW 7.105.150 Service—Methods of service. RCW 7.105.155 Service—Completion by law enforcement officer. RCW 7.105.160 Service—Materials. RCW 7.105.165 Service—Timing. RCW 7.105.175 Service—Development of best practices. RCW 7.105.200 Hearings—Procedure. RCW 7.105.205 Hearings—Remote hearings. RCW 7.105.210 Realignment of parties—Domestic violence and antiharassment protection order proceedings. RCW 7.105.215 Hearings—Extreme risk protection orders. RCW 7.105.220 Hearings—Vulnerable adult protection orders. RCW 7.105.225 Grant of order, denial of order, and improper grounds. RCW 7.105.230 Judicial information system consultation. RCW 7.105.235 Compliance hearings. RCW 7.105.240 Appointment of counsel for petitioner. RCW 7.105.245 Interpreters. RCW 7.105.250 Protection order advocates and support persons. RCW 7.105.255 Judicial officer training. RCW 7.105.300 Application—RCW 7.105.305 through 7.105.325 RCW 7.105.305 Ex parte temporary protection orders—Other than for extreme risk protection orders. RCW 7.105.310 Relief for temporary and full protection orders—Other than for extreme risk protection orders. RCW 7.105.315 Duration of full protection orders—Other than for extreme risk protection orders. RCW 7.105.320 Law enforcement stand-by to recover possessions—Other than for extreme risk protection orders. RCW 7.105.325 Entry of protection order data—Other than for extreme risk protection orders. RCW 7.105.330 Temporary protection orders—Extreme risk protection orders. RCW 7.105.335 Full orders—Extreme risk protection orders. RCW 7.105.340 Surrender of firearms—Extreme risk protection orders. RCW 7.105.345 Firearms return and disposal—Extreme risk protection orders. RCW 7.105.350 Reporting of orders—Extreme risk protection orders. RCW 7.105.355 Sealing of records—Extreme risk protection orders. RCW 7.105.360 Certain findings and information in orders. RCW 7.105.365 Errors in protection orders. RCW 7.105.370 Sealing of records—Recommendations. RCW 7.105.375 Dismissal or suspension of criminal prosecution in exchange for protection order. RCW 7.105.400 Reissuance of temporary protection orders. CC:\Legislative Development\Crimes Against Persons -Update TMC Ch 8.30 9-27-22 KS:bjs Review and analysis by Barbara Saxton Page 3 of 5 183 RCW 7.105.405 RCW 7.105.410 RCW 7.105.450 RCW 7.105.455 RCW 7.105.460 RCW 7.105.465 RCW 7.105.470 RCW 7.105.500 RCW 7.105.505 RCW 7.105.510 RCW 7.105.515 RCW 7.105.550 RCW 7.105.555 RCW 7.105.560 RCW 7.105.565 RCW 7.105.570 RCW 7.105.575 RCW 10.99.020 RCW 10.99.030 RCW 10.99.040 RCW 10.99.045 RCW 10.99.050 RCW 10.99.055 RCW 10.99.060 RCW 10.99.070 Section 6. follows: Renewal of protection orders—Other than extreme risk protection orders. Renewal—Extreme risk protection orders. Enforcement and penalties—Other than antiharassment protection orders and extreme risk protection orders. Enforcement and penalties—Antiharassment protection orders. Enforcement and penalties—Extreme risk protection orders—False petitions. Enforcement and penalties—Knowledge of order. Enforcement—Prosecutor assistance. Modification or termination—Other than extreme risk protection orders and vulnerable adult protection orders. Termination—Extreme risk protection orders. Modification or termination—Vulnerable adult protection orders. Reporting of modification or termination of order. Orders under this and other chapters—Enforcement and consolidation—Validity and enforcement of orders under prior chapters. Judicial information system—Database. Title to real estate—Effect of chapter. Proceedings additional—Filing of criminal charges not required. Other authority retained. Liability. Definitions. Law enforcement officers – Training, powers, duties – Domestic violence reports. Restrictions upon and duties of court. Appearances by defendant – No contact order. Victim contact – Restriction, prohibition – Violation, penalties Written order – Procedures. Enforcement of orders. Notification of victim of prosecution decision – Description of criminal procedures available. Liability of peace officers. TMC Section 8.30.060, "Harassment," is hereby re-enacted to read as 8.30.060 Harassment The following statutes of the State of Washington are hereby adopted by reference now in effect or as may be subsequently amended or recodified: RCW 9A.46.020 Definition – Penalties. CC:\Legislative Development\Crimes Against Persons -Update TMC Ch 8.30 9-27-22 KS:bjs Review and analysis by Barbara Saxton 184 as Page 4 of 5 RCW 9A.46.030 RCW 9A.46.040 RCW 9A.46.050 RCW 9A.46.060 RCW 9A.46.070 RCW 9A.46.080 RCW 9A.46.090 RCW 9A.46.100 RCW 9A.46.110 Place where committed. Court-ordered requirements upon person charged with crime Violation. Arraignment — No -contact order. Crimes included in harassment. Enforcement of orders restricting contact. Order restricting contact — Violation. Nonliability of peace officer. "Convicted", time when. Stalking. Section 7. Corrections by City Clerk or Code Reviser Authorized. 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 scrivener's errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 8. 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 9. Declaration of Emergency; Effective Date. This ordinance, as a public emergency ordinance necessary for the protection of the public health, safety, and welfare, shall take effect and be in full force immediately upon its adoption. A non - exhaustive list of facts supporting this emergency declaration are included in the recitals above, which are adopted by reference as findings of fact as if fully set forth herein. This ordinance or a summary thereof consisting of the title shall be published in the official newspaper of the City. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2022. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: CC:\Legislative Development\Crimes Against Persons -Update TMC Ch 8.30 9-27-22 KS:bjs Review and analysis by Barbara Saxton Page 5 of 5 185