SENATE BILL REPORT

SB 5613

BYSenators Niemi, Pullen, Talmadge and Benitz

Preventing drug traffickers from returning to certain neighborhoods.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 7, 1989; February 16, 1989; February 24, 1989; March 1, 1989

Majority Report:  That Substitute Senate Bill No. 5613 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Hayner, Nelson, Newhouse, Niemi, Rinehart, Thorsness.

Senate Staff:Cliff Petersen (786-7457)

                  March 1, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, MARCH 1, 1989

BACKGROUND:

The trafficking of controlled substances often occurs in certain identifiable geographic areas and neighborhoods.  Once an area is established by drug traffickers and customers frequent that area, it becomes increasingly difficult to eradicate trafficking in that area.

It is suggested that prohibiting known drug traffickers from frequenting areas where drug activity occurs is one means of addressing this problem.

SUMMARY:

The superior court is allowed to enter an off-limits order enjoining a known drug trafficker, who has been associated with drug trafficking in an area that the court finds to be a protected against drug trafficking area (PADT), from entering or remaining in the designated area for up to one year.

This relief may be ordered pursuant to:  (1) a civil action; (2) a nuisance abatement action; (3) an eviction action to exclude known drug traffickers or tenants who are evicted for allowing drug trafficking to occur; (4) a condition of pretrial release of a known drug trafficker awaiting trial on a drug charge; or (5) a condition of sentencing of any known drug trafficker convicted of a drug offense.

Notice is provided for filing the application for an off-limits order and an applicant is allowed to obtain an ex parte temporary off-limits order, with or without notice, upon a showing that serious or irreparable harm will result to the applicant if the temporary order is not granted.

If the court finds that the respondent is a known drug trafficker, who has engaged in drug trafficking in a particular area, and that the area is associated with a pattern of drug activities, the court is to issue a one year off-limits order prohibiting the individual from having any contact with that protected area.

No order may be issued without the applicant posting a bond or some other security.

EFFECT OF PROPOSED SUBSTITUTE:

The off-limits orders are available only for persons involved in felony drug law violations.  The original bill included all drug law violations.

The court may allow an offender to travel within a PADT area for purposes of employment or for seeking health care services.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested February 6, 1989

Senate Committee - Testified: Leo Poort, Legal Adviser, Seattle Police Department (pro); Leann Chaney, Washington State PTA (pro)