SENATE BILL REPORT

SB 5070

BYSenators Talmadge, Halsan, Newhouse, Fleming, Moore, Stratton, Kreidler, Bender, Lee, Deccio, Gaspard, Rasmussen and Saling

Changing provisions relating to alcohol and drug abuse.

Senate Committee on Judiciary

Senate Hearing Date(s):January 14, 1987; January 15, 1987

Majority Report:  That Substitute Senate Bill No. 5070 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; Moore, Nelson, Newhouse.

Senate Staff:Dick Armstrong (786-7460)

                  January 19, 1987

AS REPORTED BY COMMITTEE ON JUDICIARY, JANUARY 15, 1987

BACKGROUND:

One-Party Consent for Drug Investigations

Current law generally prohibits the recording of any private conversation without the consent of all parties to the conversation.  An exception is provided in certain cases when at least one party to the conversation has consented to the interception.  Those cases include "wire" communications involving emergencies, threats or unlawful demands, repeated or anonymous calls, or which relate to communications by a hostage holder or barricaded person.  Those exceptions do not require advanced court authorization.

Alcohol and Drug Abuse

It is becoming increasingly evident that alcohol and drug abuse, particularly by minors, is escalating at an alarming rate. Existing laws need to be strengthened and new crimes established to discourage adults and minors from drug abuse and to prevent adults from victimizing minors.

SUMMARY:

PART I:  One-Party Consent

The one-party consent exception to required court authorization is expanded in two ways:

      1.The exception is made applicable to all communications, not just "wire" communications; and

      2.The exception is made applicable to any communication involving controlled substances, legend drugs, or imitation controlled substances.

Prior to making a drug-related interception, a police officer must obtain written authorization from his or her commander.  The authorization must show the date and time the recording is authorized; the participants; the location; and the reasons for believing the recording is of value.  Recordings of such interceptions must be destroyed after three years unless otherwise ordered by a court.

Information obtained by an illegal interception may be used for the limited purpose of impeaching a witness.  The bill also expressly provides that the inadmissibility rule does not extend to evidence not obtained by an interception.

Before the 1988 legislative session, the Senate and House Judiciary Committees are required to conduct a review of the privacy statute to address the needs of law enforcement and public safety while continuing to maintain the citizens expectation of privacy with respect to the interception or recording of communications.

PART II:  Criminal Sanctions

A drug offense is defined as a "violent offense" for purposes of the Sentencing Reform Act.  A person convicted of a "violent offense" cannot be classified as a first-time offender for sentencing purposes.

Existing law is amended to specifically allow a police officer to arrest an intoxicated minor for the use, consumption or possession of alcohol if the officer has probable cause.

It is a class B felony to provide a person with a controlled substance that results in the user's death.

Existing law is restricted to allow a minor to consume alcohol only in the presence and on the premises of the parent or guardian.  Existing law is clarified that a minor cannot consume alcohol in a tavern or cocktail lounge, regardless of parental permission to drink.

It is a class C felony to (1) involve a minor in an unlawful drug transaction; (2) knowingly rent or lease a building for the purposes of manufacturing or selling illegal drugs; (3) knowingly allow a building used for illegal drug activity to be fortified to prevent law enforcement entry; and (4) use a building for illegal drug activity which has been specifically designed to suppress law enforcement entry.

It is a crime to sell a controlled substance upon school grounds (K-12 grades).  Punishment is imprisonment for up to 10 years and a fine up to $25,000 or both.

If a person over the age of 18 sells a controlled substance on school grounds to a person under 18 years of age, the penalty is imprisonment for up to 20 years and a fine up to $25,000.

PART III:  Keg Registration

Provisions are established for identification and registration of kegs.  Purchasers are required to:  (1) produce one piece of identification upon purchase; (2) sign for the receipt of the keg; (3) sign a sworn statement that they are 21 years of age or older and will not allow persons under 21 to consume the beverage; (4) indicate the location where the keg will be used; and (5) post the sworn statement within 5 feet of the keg.

The Liquor Control Board is required to develop rules for the identification of kegs for purposes of tracing kegs used in violation of this act.  It is also unlawful to sell kegs without the identification affixed to each keg.

Penalties for violation of the keg registration requirement are established.  A violation is a civil penalty of up to $500; intentional violations are misdemeanors with increased penalties for subsequent violations.

The license fee for beer retailers is increased $55 per license and the proceeds of $150,000 per year are to be used for substance abuse programs for students in K-3.

The penalties for unlawful use of identification cards to purchase alcoholic beverages are increased from $100 to $500.

PART IV:  Treatment

Group medical plans are required to provide coverage for the treatment of chemical dependency.

PART V:  Abatement

Buildings used for the purpose of unlawfully selling or manufacturing illegal drugs are declared to be nuisance. Procedures are set forth for a court to determine if a building is a nuisance and issue an order of abatement.

EFFECT OF PROPOSED SUBSTITUTE:

The first time offender waiver for the Sentencing Guidelines Act is not available for serious drug offenders (schedule I and schedule II drugs).  Existing law is retained which allows a minor to drink an alcoholic beverage in the presence of a parent or guardian; the bill as introduced would have required the consumption to be on the premises of the parent.

Technical amendments are made to carry out the purposes of the bill.

Fiscal Note:      requested

Senate Committee - Testified: George Tellevik, Chief, Washington State Patrol; Norm Maleng, King County Prosecutor; Pat Fitzsimons, Seattle Police Chief; Jim Duchane, Seattle Police; Richard Hansen, Attorney; Linda Grant, Alcohol Treatment Facilities; Carter Mitchell, Washington State Liquor Control Board; Jim Goche, Washington Association of Counties; Ken Bertrand, Group Health; Joan Gaumer, Blue Cross; Charlie Marsh, Washington State Council of Police Officers; Jerry Sheehan, ACLU