BILL REQ. #: H-1152.1
| State of Washington | 63rd Legislature | 2013 Regular Session |
Read first time 02/04/13. Referred to Committee on Judiciary.
AN ACT Relating to the attorney general's authority and power to prosecute environmental law violations; amending RCW 77.15.065; adding a new section to chapter 43.10 RCW; creating a new section; repealing RCW 70.105.120; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that the state has an
interest in more efficiently integrating the prosecution of
environmental crimes to better protect Washington's natural
environment. Streamlining and integrating cooperation between local
and state jurisdictions is necessary to best protect the state's air,
water, and natural resources, and safeguard public health.
NEW SECTION. Sec. 2 A new section is added to chapter 43.10 RCW
to read as follows:
(1) The attorney general has explicit authority and power to
investigate crimes and initiate and conduct prosecutions for violations
under chapters 70.105 and 77.15 RCW.
(2) The attorney general has concurrent authority and power with
the prosecuting attorneys and supervising departments to investigate
crimes and initiate and conduct prosecutions for violations under
chapters 70.94, 88.40, and 90.48 RCW.
(3) The attorney general has explicit authority and power to
initiate and conduct prosecutions for crimes arising from violations of
chapter 70.94, 70.105, 77.15, 88.40, and 90.48 RCW.
Sec. 3 RCW 77.15.065 and 1996 c 267 s 9 are each amended to read
as follows:
((If the prosecuting attorney of the county in which a violation of
this title or rule of the department occurs fails to file an
information against the alleged violator, the attorney general upon
request of the commission may file an information in the superior court
of the county and prosecute the case in place of the prosecuting
attorney. The commission may request prosecution by the attorney
general if thirty days have passed since the commission informed the
county prosecuting attorney of the alleged violation.)) Upon learning
of an alleged violation of this chapter, the commission may request
prosecution by either the attorney general or the prosecuting attorney
of the county in which the alleged violation occurred.
NEW SECTION. Sec. 4 RCW 70.105.120 (Authority of attorney
general) and 1980 c 144 s 2 are each repealed.
NEW SECTION. Sec. 5 This act takes effect August 1, 2013.