S-3477               _______________________________________________

 

                                                   SENATE BILL NO. 4610

                        _______________________________________________

 

State of Washington                              49th Legislature                              1986 Regular Session

 

By Senators Halsan and Talmadge

 

 

Read first time 1/17/86 and referred to Committee on Judiciary.

 

 


AN ACT Relating to the decriminalization of misdemeanors; creating new sections; and providing an expiration date.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

          NEW SECTION.  Sec. 1.     The joint select committee on decriminalization of misdemeanors is established.  The membership of the committee is as follows:  (1) Two members of the senate committee on judiciary, one from each of the two major political parties; (2) two members of the house of representatives committee on judiciary, one from each of the two major political parties; (3) one person representing prosecuting attorneys selected by the Washington association of prosecuting attorneys; (4) one person representing municipal attorneys selected by the Washington state association of municipal attorneys; (5) one person representing cities selected by the association of Washington cities; (6) one person representing counties selected by the Washington state association of counties; (7) one person representing law enforcement selected by the Washington association of sheriffs and police chiefs; (8) one person representing the courts of limited jurisdictions selected by the Washington state magistrates' association; and (9) one person representing misdemeanant corrections officers selected by the Washington state misdemeanant corrections officers' association.

          Members of the committee shall select the chairperson.  The staff of the house and senate judiciary committees shall serve as the staff for the select committee.  Members of the select committee shall be reimbursed for travel expenses as provided in RCW 44.04.120, 43.03.050, and 43.03.060, respectively.

 

          NEW SECTION.  Sec. 2.     The select committee shall study and analyze the various crimes designated as misdemeanors and gross misdemeanors in this state and determine if there are valid policy reasons for prohibiting and punishing such activity by criminal penalties.  The committee shall consider the following factors in determining whether some misdemeanors and gross misdemeanors should be decriminalized: (1) The existing and predicted workload of the courts of limited jurisdiction; (2) the fiscal impact on the court system of characterizing certain behavior as criminal.  Fiscal impact includes cost of appointed counsel for indigents, jury trials, and jail facilities; (3) using resources of the legal system, such as judges, prosecutors, and juries, to punish minor offenses; (4) the willingness of prosecutors and judges to apply the sanctions of incarceration; (5) stigmas attached to persons convicted of violating criminal statutes; and (6) the cost and benefits of implementing an alternative system for effectively and efficiently handling minor offenses.

 

          NEW SECTION.  Sec. 3.     The select committee shall make its findings and recommendations, including recommended legislative proposals, to the 1987 session of the legislature.

 

          NEW SECTION.  Sec. 4.     Sections 1 through 3 of this act shall expire on January 15, 1987.