Title
Approval of an Ordinance Relating to Domestic Violence Crimes Against Persons and Amending Olympia Municipal Code Chapter 9.20
Recommended Action
Committee Recommendation:
Not referred to a committee.
City Manager Recommendation:
Move to approve on second reading the Ordinance Relating to Crimes Against Persons and amending Olympia Municipal Code Chapter 9.20.
Report
Issue:
Whether to adopt an Ordinance Relating to Crimes Against Persons and amend Olympia Municipal Code Chapter 9.20.
Staff Contact:
R. Tye Graham, Olympia Assistant Prosecutor II, 360.753.8449
Presenter:
None - Consent Calendar Item.
Background and Analysis:
Background and analysis has not changed from first to second reading.
In 2017, the Washington State Legislature passed laws that create felony penalties if an individual has multiple convictions for certain crimes. For example, a third conviction of Assault in the 4th Degree - Domestic Violence (RCW 9A.36.041) may be charged as a felony. Multiple convictions of a crime characterized under Harassment, such as Harassment, Telephone Harassment, Coercion, Stalking, or Cyberstalking (See RCW 9A.46.060), may be charged as a felony.
While the City’s current code penalizes Assault and Harassment as gross misdemeanors, adopting the version of those crimes set forth in the Revised Code of Washington (RCW) will allow County prosecutors to more easily pursue felony charges for those who qualify as repeat offenders under the new law. If the City retains its version of these crimes, prosecutors may be required to argue that the municipal code version is equivalent to the versions set forth in the RCW’s, making prosecution of repeat offenses as a felony more difficult.
Adopting the state’s version of each offense will simplify the ability to prosecute repeat offenders at the felony level. This code change also incorporates the crimes of Stalking and Cyberstalking (included as crimes of harassment), which are not currently addressed in the Olympia Municipal Code.
Neighborhood/Community Interests (if known):
There is an inherent interest in protecting the public’s safety and appropriately holding accountable the offenders who engage in the acts outlined above.
Options:
1. Approve the proposed ordinance amending OMC Chapter 9.20 on second reading.
2. Direct staff to make different or additional amendments to OMC Chapter 9.20 on second reading.
3. Do not approve the proposed ordinance. This will make it less likely that felony prosecutors would pursue charges against repeat perpetrators for the crimes identified above.
Financial Impact:
None.
Attachments:
Ordinance