File #: 22-0769    Version:
Type: ordinance Status: Passed
File created: 8/8/2022 In control: City Council
Agenda date: 8/23/2022 Final action: 8/23/2022
Title: Approval of an Ordinance Updating and Amending Olympia Municipal Code Title 9 - Public Peace, Morals and Welfare
Attachments: 1. Ordinance
Title
Approval of an Ordinance Updating and Amending Olympia Municipal Code Title 9 - Public Peace, Morals and Welfare

Recommended Action
Committee Recommendation:
Not referred to a committee.

City Manager Recommendation:
Move to approve on second reading an ordinance updating and amending Olympia Municipal Code Title 9 - Public Peace, Morals and Welfare.

Report
Issue:
Whether to approve an ordinance updating and amending Olympia Municipal Code Title 9 - Public Peace, Morals and Welfare by incorporating by reference certain state crimes in Title 9 RCW, Crimes and Punishments, and Title 9A RCW, the Washington Criminal Code, and by amending certain chapters and sections of Title 9 OMC.

Staff Contact:
R. Tye Graham, Chief Prosecutor, Legal Department, 360.753.8449

Presenter(s):
None - Consent Calendar Item.

Background and Analysis:
Background and Analysis did not change from first to second reading.

In order to give the City the authority to prosecute a state statute, the statute must be adopted and incorporated by reference into the Olympia Municipal Code (OMC).

A comprehensive review of OMC Title 9 - Public Peace, Morals and Welfare (Title 9 OMC) has identified needed updates and amendments. The proposed ordinance updates the OMC by incorporating by reference certain crimes in Title 9 RCW, Crimes and Punishments, and Title 9A RCW, the Washington Criminal Code, and amends certain chapters and sections of Title 9 OMC as described below.

Section 1 - OMC Chapter 9.04 - Aiding or Abetting Crime. Adopts:
* RCW 9A.28.020 - Criminal Attempt (attempting a crime).

* RCW 9A.28.030 - Criminal Solicitation (soliciting or enticing someone to commit a crime).

* RCW 9A.28.0940 - Criminal Conspiracy (working in concert to commit a crime).

* All Class C felony crimes. By adopting the state versions of criminal attempt, criminal solicitation, and criminal conspiracy, the City can enforce attempted Class C felonies set forth in chapter 9A.28 RCW that are declined...

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