VETO MESSAGE ON HB 2400-S

 

March 26, 2004

 

To the Honorable Speaker and Members,

The House of Representatives of the State of Washington

 

Ladies and Gentlemen:

 

I am returning herewith, without my approval as to section 1, Engrossed Substitute House Bill No. 2400 entitled:

 

"AN ACT Relating to sentence enhancement for sex crimes against minors;"

 

This bill makes improvements in the Special Sex Offender Sentencing Alternative, which is often needed to get convictions, hold sex offenders accountable, and protect child victims.

 

I have vetoed section 1, the intent section, because it includes rhetorical language that could inadvertently be misused to increase taxpayers' liability for harm that should be the responsibility of sex offenders themselves. Section 1 discusses a paramount duty of the Legislature to protect children from victimization by sex offenders. Although I agree that the state has the responsibility to take action within its powers and authority, this language could be misunderstood to create a new duty, which would be a higher duty than many equally important government actions and protections. In addition, the section discusses structure and administrative weaknesses in the Special Sex Offender Sentencing Alternative. Taken out of context, this language could be misunderstood and used to indicate an admission of liability when none exists.

 

For these reasons, I have vetoed section 1 of Engrossed Substitute House Bill No. 2400.

 

With the exception of section 1, Engrossed Substitute House Bill No. 2400 is approved.

 

Respectfully submitted,

Gary Locke

Governor