HomeMy WebLinkAboutOrd 1806 - Obstruct Justice, Criminal Assisstance, Contraband and Related Offenses ILA:.. 'qL9
Of Z
r 0
1 to =w
1908
C ity T lkwila
of u
Washington
Ordinance No. Ike 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE
#1363 §1 (PART) AS CODIFIED AT TMC 8.60.020
OBSTRUCTING JUSTICE, CRIMINAL ASSISTANCE,
INTRODUCING CONTRABAND AND RELATED OFFENSES
TO INCLUDE THE CRIMES OF OBSTRUCTING A LAW
ENFORCEMENT OFFICER, AND OF MAKING A FALSE OR
MISLEADING STATEMENT TO A PUBLIC SERVANT;
REPEALING ORDINANCE #1363 §1 (PART) AS
CURRENTLY CODIFIED AT TMC 8.60.010; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, TMC 8.60.010 relating to obstructing public officers should be repealed and a
new amended TMC 8.60.020 adopted in response to recent court rulings that might affect the
enforceability of the current TMC 8.60.010; and
WHEREAS, the City Council finds it advisable to repeal the current TMC 8.60.010 and
amend TMC 8.60.020 adopting by reference the crime of Obstructing a Law Enforcement Officer,
RCW 9A.76.020; and
WHEREAS, the State legislature recently passed RCW 9A.76.175 relating to the crime of
Making a False or Misleading Statement to a Public Servant; and
WHEREAS, the City Council finds it advisable to amend TMC 8.60.020 to adopt by
reference the crime of Making a False or Misleading Statement to a Public Servant, RCW
9A.76.175;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance #1363 §1 (part) as codified at TMC 8.60.020 is hereby amended to
read as follows:
8.60.020 Obstructing Justice, Criminal Assistance, Introducing Contraband and
Related Offenses.
The following RCW statutes of the State of Washington are adopted by reference:
9.69.100 Withholding knowledge of felony involving violence Penalty.
9A.72.040 False swearing.
9A.72.140 Jury tampering.
9A.72.150 Tampering with physical evidence.
9A.76.010 Definitions.
9A.76.020 Obstructing a law enforcement officer.
9A.76.030 Refusing to summon aid for a peace officer.
9A.76.040 Resisting arrest.
9A.76.050 Rendering criminal assistance Definition of terms.
9A.76.060 Relative defined.
OBSTRUCT.DOC 616197
9A.76.080
9A.76.090
9A.76.100
9A.76.160
9A.76.170(1) (2)(d)
9A.76.175
9A.84.040
Section 2. Repealer. Ordinance #1363 §1 as currently codified at TMC 8.60.010,
Obstructing Public Officers, is hereby repealed.
Section 3. Severability. Should any section, paragraph, sentence, clause or phrase of this
ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be pre empted by state or
federal law or regulation, such decision or pre emption shall not affect the validity of the remaining
portions of this ordinance or its application to other persons or circumstances.
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 (5) days after passage
and publication as provided by law.
PASSED BY THE CITY COU CI OF THE CI OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this Jfz, day of 1997.
ATTEST /AUTHENTICATED:
d el/X1
Je E. Cantu, City Clerk
APPROVED AS TO FORM:
1
By
Off e of the City At ney
OBS TRUCT.DOC 6/6/97
Rendering criminal assistance in the second degree.
Rendering criminal assistance in the third degree.
Compounding.
Introducing contraband in the third degree.
Bail jumping.
Making a false or misleading statement to a public servant.
False reporting.
FILED WITH TIE CITY CLERK: 6/ 7
PASSED BY THE ITY COUNCIL: 19/
PUBLISHED: 6 avA7
EFFECTIVE DA E: 6./ 7
ORDINANCE NO.: go
W. Rants, Mayor
Ft na) cop shotu,'
oultot;fi'o% t C h ett))
City of Tukwila "5
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE
#1363 §1 (PART) AS CODIFIED AT TMC 8.60.020
OBSTRUCTING JUSTICE, CRIMINAL ASSISTANCE,
INTRODUCING CONTRABAND AND RELATED OFFENSES
TO INCLUDE THE CRIMES OF OBSTRUCTING A LAW
ENFORCEMENT OFFICER, AND OF MAKING A FALSE OR
MISLEADING STATEMENT TO A PUBLIC SERVANT;
REPEALING ORDINANCE #1363 §1 (PART) AS
CURRENTLY CODIFIED AT TMC 8.60.010; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, TMC 8.60.010 relating to obstructing public officers should be repealed and a
new amended TMC 8.60.020 adopted in response to recent court rulings that might affect the
enforceability of the current TMC 8.60.010; and
WHEREAS, the City Council finds it advisable to repeal the current TMC 8.60.010 and
amend TMC 8.60.020 adopting by reference the crime of Obstructing a Law Enforcement Officer,
RCW 9A.76.020; and
WHEREAS, the State legislature recently passed RCW 9A.76.175 relating to the crime of
Making a False or Misleading Statement to a Public Servant; and
WHEREAS, the City Council finds it advisable to amend TMC 8.60.020 to adopt by
reference the crime of Making a False or Misleading Statement to a Public Servant, RCW
9A.76.175;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance #1363 §1 (part) as codified at TMC 8.60.020 is hereby amended to
read as follows:
8.60.020 Obstructing Justice, Criminal Assistance, Introducing Contraband and
Related Offenses.
The following RCW statutes of the State of Washington are adopted by reference:
9.69.100 Withholding knowledge of felony involving violence Penalty.
9A.72.040 False swearing.
9A.72.140 Jury tampering.
9A.72.150 Tampering with physical evidence.
9A.76.010 Definitions.
9A 76 020 Obstructing a law enforcement officer.
9A.76.030 Refusing to summon aid for a peace officer.
9A.76.040 Resisting arrest.
9A.76.050 Rendering criminal assistance Definition of terms.
9A.76.060 Relative defined.
OBSTRUCT.DOC 6/6/97
9A.76.080
9A.76.090
9A.76.100
9A.76.160
9A.76.170(1)(2)(d)
9A.76.175
9A.84.040
Rendering criminal assistance in the second degree
Rendering criminal assistance in the third degree.
Compounding.
Introducing contraband in the third degree.
Bail jumping.
Making a false or misleading statement to a public
False reporting.
servant.
Section 2. Repealer. Ordinance #1363 §1 as currently codified at TMC 8.60.010,
Obstructing Public Officers, is hereby repealed.
Section 3. Severability. Should any section, paragraph, sentence, clause or phrase of this
ordinance, or its application to any person or circumstance, be declared unconstitutional or
otherwise invalid for any reason, or should any portion of this ordinance be pre empted by state or
federal law or regulation, such decision or pre emption shall not affect the validity of the remaining
portions of this ordinance or its application to other persons or circumstances.
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 (5) 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 1997.
ATTEST /AUTHENTICATED:
Jane E. Cantu, City Clerk
APPROVED AS TO FORM:
By
Office of the City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
OBSTRUCT.DOC 6/6/97
John W. Rants, Mayor
Present: Pam Linder, Chair; Joan Hernandez, Jim Haggerton
John McFarland, Viki Witschger, Lucy Lauterbach
Agenda items:
Finance-and Safety Committee
April 7, 1997
1. Position Reclassifications Viki and John explained that although administration tries to capture
changes in the budget each year, it doesn't always happen. Such is the case with these three
reclassifications. The positions have been open and ready for some time, and analysis has shown that now
is a good time to give people the positions they have been working in for some time. The first talked
about was the Planning Manager. Jack Pace has been working to manage DCD Planning staff for a long
time, and a Planning Manager position is more appropriate than a Senior Planner. Joan asked about the
title, and was told that is the current norm in the field for what Jack does. One of the issues with this
position is that some regular staff salaries in DCD have climbed up to Jack's salary as a manager. Staff
assured the committee the additional salaries would come from the departmental budgets. The committee
asked about overtime. All union staff do get overtime. Jack's position will change to non -rep, so will be
about the same without overtime as his new salary will be.
The two other positions were records management technician and project manager. Christy O'Flaherty
who have a presentation on the Internet at Council recently, has been doing much more than her original
records clerk position. The position of records management technician was created in 1990, and Christy
will fill that.
Randy Berg has been a contract employee as a project manager, and the administration has decided there
is enough benefit from having him on staff to justify turning his position into a permanent one. The
budget increase of $5100 will be taken from the capital budget. The committee asked what he would do
once the community center is finished, and John listed the community resource center, golf clubhouse,
log cabin, parks and trail improvements, and small public works projects. The committee expressed their
support of his work. Recommend reclassifications to COW.
2. Ordinances Relating to Criminal Code Undates As the City Attorney comes across cases that
highlight vagueness or lack of a listing of state crimes in the T.M.C., he will bring those forward. Two
ordinances will do that now.
A. Ordinance Regarding False Representations The first ordinance adopts state law regarding
false statements by deposit account applicants. That has to do with persons who tell lies about their bank
accounts or credit, or when getting money out of or putting it into a financial account. Recommend
ordinance for adontion at Regular Council.
B. Ordinance About Obstructing A Public Servant and Amending Crimes Relating to
ildren. This ordinance amends T.M.C. Section 8.6 and 8.06. The first section adopts RCWs about
lying to or misleading a public servant (presumably a court or police person). Another section covers a
loophole someone recently got through in our court by making it a crime to have sexual misconduct with
a minor in the second degree. The committee ascertained that meant when a person causes another person
under the age of eighteen, to have or cause sexual intercourse with another person between the ages of
sixteen and eighteen. It doesn't happen often, but should be covered for the few times it does happen.
Recommend ordinance to Regular Council Meeting.
9A.72.130 Title 9A RCW: Washington Criminal Code
9A.72.130 Intimidating a juror. (1) A person is
guilty of intimidating a juror if a person directs a threat to a
former juror because of the juror's vote, opinion, decision,
or other official action as a juror, or if, by use of a threat, he
attempts to influence a juror's vote, opinion, decision, or
other official action as a juror.
(2) "Threat" as used in this section means
(a) to communicate, directly or indirectly, the intent
immediately to use force against any person who is present
at the time; or
(b) threats as defined in RCW 9A.04.110(25).
(3) Intimidating a juror is a class B felony. [1985 c 327
3; 1975 1st ex.s. c 260 9A.72.130.]
9A.72.140 Jury tampering. (1) A person is guilty of
jury tampering if with intent to influence a juror's vote,
opinion, decision, or other official action in a case, he
attempts to communicate directly or indirectly with a juror
other than as part of the proceedings in the trial of the case.
(2) Jury tampering is a gross misdemeanor. [1975 1st
ex.s. c 260 9A.72.140.]
9A.72.150 Tampering with physical evidence. (1)
A person is guilty of tampering with physical evidence if,
having reason to believe that an official proceeding is
pending or about to be instituted and acting without legal
right or authority, he:
(a) Destroys, mutilates, conceals, removes, or alters
physical evidence with intent to impair its appearance,
character, or availability in such pending or prospective
official proceeding; or
(b) Knowingly presents or offers any false physical
evidence.
(2) "Physical evidence" as used in this section includes
any article, object, document, record, or other thing of
physical substance.
(3) Tampering with physical evidence is a gross
misdemeanor. [1975 1st ex.s. c 260 9A.72.150.]
9A.72.160 Intimidating a judge. (1) A person is
guilty of intimidating a judge if a person directs a threat to
a judge because of a ruling or decision of the judge in any
official proceeding, or if by use of a threat directed to a
judge, a person attempts to influence a ruling or decision of
the judge in any official proceeding.
(2) "Threat" as used in this section means:
(a) To communicate, directly or indirectly, the intent
immediately to use force against any person who is present
at the time; or
(b) Threats as defined in RCW 9A.04.110(25).
(3) Intimidating a judge is a class B felony. [1985 c
327 l.]
Chapter 9A.76
OBSTRUCTING GOVERNMENTAL OPERATION
Sections
9A.76.010
9,4.76.020
9A.76.030
9A.76.040
Definitions.
Obstructing a law enforcement officer.
Refusing to summon aid for a peace officer.
Resisting arrest.
[Title 9A RCW page 48]
9A.76.050
9A.76.060
9A.76.070
9A.76.080
9A.76.090
9A.76.100
9A.76.110
9A.76.120
9A.76.130
9A.76.140
9A.76.150
9A.76.160
9A.76.170
9A.76.175
9A.76.180
9A.76.200
Rendering criminal assistance Definition of term.
Relative defined.
Rendering criminal assistance in the first degree.
Rendering criminal assistance in the second degree.
Rendering criminal assistance in the third degree.
Compounding.
Escape in the first degree.
Escape in the second degree.
Escape in the third degree.
Introducing contraband in the first degree.
Introducing contraband in the second degree.
Introducing contraband in the third degree.
Bail jumping.
Making a false or misleading statement to a public servant.
Intimidating a public servant.
Harming a police or accelerant detection dog.
Withholding knowledge of felony• RCW 9.69 100.
9A.76.010 Definitions. The following definitions are
applicable in this chapter unless the context otherwise
requires:
(1) "Custody" means restraint pursuant to a lawful arrest
or an order of a court, or any period of service on a work
crew: PROVIDED, That custody pursuant to chapter 13.34
RCW and RCW 74.13.020 and 74.13.031 and chapter
13.32A RCW shall not be deemed custody for purposes of
this chapter;
(2) "Detention facility" means any place used for the
confinement of a person (a) arrested for, charged with or
convicted of an offense, or (b) charged with being or
adjudicated to be a juvenile offender as defined in RCW
13.40.020 as now existing or hereafter amended, or (c) held
for extradition or as a material witness, or (d) otherwise
confined pursuant to an order of a court, except an order
under chapter 13.34 RCW or chapter 13.32A RCW, or (e) in
any work release, furlough, or other such facility or program;
(3) "Contraband" means any article or thing which a
person confined in a detention facility is prohibited from
obtaining or possessing by statute, rule, regulation, or order
of a court. [1991 c I81 6; 1979 c 155 35; 1977 ex.s. c
291 53; 1975 1st ex.s. c 260 9A.76.010.]
Effective date Severability -1979 c 155: See notes following
RCW 13.04.011.
Effective dates Severability 1977 ex.s. c 291: See notes
following RCW 13.04.005.
9A.76.020 Obstructing a law enforcement officer.
A person is guilty of obstructing a law enforcement
officer if the person willfully hinders, delays, or obstructs
any law enforcement officer in the discharge of his or her
official powers or duties.
(2) "Law enforcement officer" means any general
authority, limited authority, or specially commissioned
Washington peace officer or federal peace officer as those
terms are defined in RCW 10 93.020, and other public
officers who are responsible for enforcement of fire, build-
ing, zoning, and life and safety codes.
(3) Obstructing a law enforcement officer is a gross
misdemeanor. [1995 c 285 33; 1994 c 196 1; 1975 1st
ex.s. c 260 9A.76.020.]
Effective date 1995 c 285: See RCW 48.30A.900.
9A.76.030 Refusing to summon aid for a peace
officer. (1) A person is guilty of refusing to summon aid
(1996 Ed.)
9A.76.120
(c) Having been found to be a sexually violent predator
and being under an order of conditional release, he or she
leaves the state of Washington without prior court authoriza-
tion.
(2) Escape in the second degree is a class C felony.
[1995 c 216 15; 1982 1st ex.s. c 47 24; 1975 1st ex.s. c
260 9A.76.120.]
Severability -1982 1st ex.s. c 47: See note following RCW
9.41.190.
Term of escaped prisoner recaptured: RCW 9.31.090.
9A.76.130 Escape in the third degree. (1) A person
is guilty of escape in the third degree if he escapes from
custody.
(2) Escape in the third degree is a gross misdemeanor.
[1975 1st ex.s. c 260 9A.76.130.]
Term of escaped prisoner recaptured: RCW 9.31.090.
9A.76.140 Introducing contraband in the first
degree. (1) A person is guilty of introducing contraband in
the first degree if he knowingly provides any deadly weapon
to any person confined in a detention facility.
(2) Introducing contraband in the first degree is a class
B felony. [1975 1st ex.s. c 260 9A.76.140.]
9A.76.150 Introducing contraband in the second
degree. (1) A person is guilty of introducing contraband in
the second degree if he knowingly and unlawfully provides
contraband to any person confined in a detention facility
with the intent that such contraband be of assistance in an
escape or in the commission of a crime.
(2) Introducing contraband in the second degree is a
class C felony. [1975 1st ex.s. c 260 9A.76.150.]
9A.76.160 Introducing contraband in the third
degree. (1) A person is guilty of introducing contraband in
the third degree if he knowingly and unlawfully provides
contraband to any person confined in a detention facility.
(2) Introducing contraband in the third degree is a
misdemeanor. [1975 1st ex.s. c 260 9A.76.160.]
9A.76.170 Bail jumping. (1) Any person having been
released by court order or admitted to bail with the require-
ment of a subsequent personal appearance before any court
of this state, and who knowingly fails to appear as required
is guilty of bail jumping.
(2) Bail jumping is:
(a) A class A felony if the person was held for, charged
with, or convicted of murder in the first degree;
(b) A class B felony if the person was held for, charged
with, or convicted of a class A felony other than murder in
the first degree;
(c) A class C felony if the person was held for, charged
with, or convicted of a class B or class C felony;
(d) A misdemeanor if the person was held for, charged
with, or convicted of a gross misdemeanor or misdemeanor.
[1983 1st ex.s. c 4 3; 1975 1st ex.s. c 260 9A.76.170.]
Severability -1983 1st ex.s. c 4: See note following RCW
9A.48.070.
[Title 9A RCW —page 50]
Title 9A RCW: Washington Criminal Code
9A.76.175 Making a false or misleading statement
o a public servant. A person who knowingly makes a
false or misleading material statement to a public servant is
guilty of a gross misdemeanor. "Material statement" means
a written or oral statement reasonably likely to be relied
upon by a public servant in the discharge of his or her
official powers or duties. 1995 c 285 32.]
Effective date c 285: See RCW 48.30A.900.
9A.76.180 Intimidating a public servant. (1) A
person is guilty of intimidating a public servant if, by use of
a threat, he attempts to influence a public servant's vote,
opinion, decision, or other official action as a public servant.
(2) For purposes of this section "public servant" shall
not include jurors.
(3) "Threat" as used in this section means
(a) to communicate, directly or indirectly, the intent
immediately to use force against any person who is present
at the time; or
(b) threats as defined in RCW 9A.04.110(25).
(4) Intimidating a public servant is a class B felony.
[1975 1st ex.s. c 260 9A.76.180.]
9A.76.200 Harming a police or accelerant detection
dog. (1) A person is guilty of harming a police dog or
accelerant detection dog if he or she maliciously injures,
disables, shoots, or kills by any means any dog that the per-
son knows or has reason to know to be a police dog or
accelerant detection dog, as defined in RCW 4.24.410,
whether or not the dog is actually engaged in police or ac-
celerant detection work at the time of the injury.
(2) Harming a police dog or accelerant detection dog is
a class C felony. [1993 c 180 2; 1989 c 26 2; 1982 c 22
2.]
Sections
9A.80.010 Official misconduct.
Chapter 9A.80
ABUSE OF OFFICE
9A.80.010 Official misconduct. (1) A public servant
is guilty of official misconduct if, with intent to obtain a
benefit or to deprive another person of a lawful right or
privilege:
(a) He intentionally commits an unauthorized act under
color of law; or
(b) He intentionally refrains from performing a duty
imposed upon him by law.
(2) Official misconduct is a gross misdemeanor. [1975-
'76 2nd ex.s. c 38 17; 1975 1st ex.s. c 260 9A.80.010.]
Effective date Severability- 1975 -'76 2nd ex.s. c 38: See notes
following RCW 9A.08.020.
Failure of duty by public officers: RCW 42.20.100.
(1996 Ed.)
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. 1 7
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE #1363 §1 (PART) AS
CODIFIED AT TMC 8.60.020 OBSTRUCTING JUSTICE,
CRIMINAL ASSISTANCE, INTRODUCING CONTRABAND
AND RELATED OFFENSES TO INCLUDE THE CRIMES OF
OBSTRUCTING A LAW ENFORCEMENT OFFICER, AND OF
MAKING A FALSE OR MISLEADING STATEMENT TO A
PUBLIC SERVANT; REPEALING ORDINANCE #1363 §1 (PART)
AS CURRENTLY CODIFIED AT TMC 8.60.010; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
On h 6 /91
the City Council of the City of Tukwila passed Ordinance
No. 1 'O adopting by reference 9A.76.020 of the Revised Code of Washington
Obstructing a Law Enforcement Officer, and 9A.76.175- Making a False or Misleading
Statement to a Public Servant; providing for severability and establishing an effective date.
The full text of this ordinance will be mailed without charge to anyone who submits a
written request to the City Clerk of the City of Tukwila for a copy of the text.
APPROVED by the City Council at its meeting of
Published Seattle Times: 6 9 O- T7
c Za .7 7
C -1 7--4-t C
e E. Cantu, City Clerk