SENATE BILL REPORT

SB 6751

BYSenators Nelson, Patrick, Conner, Hansen and Smitherman

Regarding uniform misdemeanor penalties.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 23, 1990; January 24, 1990

Majority Report:     Do pass.

     Signed by Senators Nelson, Chairman; McCaslin, Vice Chairman; Hayner, Niemi, Patrick, Rasmussen, Talmadge, Thorsness.

Senate Staff:Dick Armstrong (786-7460)

                January 24, 1990

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, JANUARY 24, 1990

BACKGROUND:

District court judges who hear cases involving violations of municipal ordinances are often forced to give different penalties to similarly-situated defendants, depending on whether the defendant was cited under a state statute or a municipal ordinance.

District court judges are of the opinion that cities, counties and towns should not be able to establish a penalty that is less than the penalty established by state statute.

SUMMARY:

Cities, towns and counties may not establish a penalty for an act that constitutes a crime under a state statute that is less than the penalty prescribed by the state statute.

Appropriation:  none

Revenue:   none

Fiscal Note:    none requested

Senate Committee - Testified:   Mary McQueen, Administrator for the Courts (pro); Judge McBeth, District Court Judges Association (pro); Judge Rayne, Municipal Court Judges (pro)