H-4238.1 _______________________________________________
HOUSE BILL 2832
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State of Washington 55th Legislature 1998 Regular Session
By Representatives Lambert and Mielke
Read first time 01/21/98. Referred to Committee on House Government Reform & Land Use.
AN ACT Relating to prohibiting the imposition of a criminal sanction or its equivalent for the violation of an agency rule; adding a new section to chapter 43.22 RCW; creating a new section; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. (1) The legislature finds that it is the constitutional prerogative of the legislative branch consisting of elected officials to determine as a matter of public policy what actions are so harmful to the public good that they should be considered crimes and therefore subject to the severe consequences of criminal penalties, including the economic costs, loss of liberty, and social sanctions associated with criminal penalties.
(2) The legislature further finds that the criminal code establishes maximum penalties that may be imposed by expressly providing that no person convicted of a particular crime may be punished by a sanction that would exceed the statutorily determined amount. For a class A felony, the maximum penalty is confinement for life, a fine of fifty thousand dollars, or both. For a class B felony, the maximum penalty is confinement for up to ten years, a fine of twenty thousand dollars, or both. For a class C felony, the maximum penalty is confinement for up to five years, a fine of ten thousand dollars, or both. For a gross misdemeanor, the maximum penalty is confinement for not more than one year, a fine of not more than five thousand dollars, or both. For a misdemeanor, the maximum penalty is confinement for not more than ninety days, a fine of not more than one thousand dollars, or both.
(3) The legislature further finds that for criminal sanctions or their equivalents to be imposed for the violation of a rule adopted by an agency consisting of unelected individuals as though the rule were the equivalent of a criminal statute creates resentment toward government, disrespect for the law, and confusion and frustration over the multitude of vague and often confusing rules, and results in persons being unfairly and unjustly penalized without the benefits and protections of the criminal law accorded the accused.
NEW SECTION. Sec. 2. A new section is added to chapter 43.22 RCW to read as follows:
(1) No criminal penalty or sanction or its equivalent may be imposed on a person or organization as the result of actions by the person or organization in violation of a rule that is not otherwise specifically designated as a crime under the criminal statutes of the state of Washington, unless the civil penalties or sanctions are expressly authorized and the specific amount for the violation is set in statute by the legislature.
(2) No person or organization may be subject to a criminal penalty or its equivalent under any circumstances unless the person or organization has been provided all the legal benefits and protections provided a criminal defendant.
(3) For purposes of this section, "criminal penalty or sanction" does not include (a) reimbursement or compensation for out-of-pocket costs incurred by an injured party as a result of a violation of a rule by a person or organization; (b) aggregate amounts imposed for separate violations of a rule by a person or organization; or (c) an amount imposed on a person or organization for the violation of a rule that is no greater than one hundred dollars.
NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, morals, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
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