BILL REQ. #:  S-0824.1 

Read first time 02/18/2003.   Referred to Committee on Natural Resources, Energy & Water.

     AN ACT Relating to creating an environmental crimes prosecutor; adding a new section to chapter 43.10 RCW; and adding a new section to chapter 43.21A RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 43.10 RCW to read as follows:
     (1) There is established in the office of the attorney general a special environmental crimes prosecutor, whose sole function is to prosecute criminal violations of the environmental laws of the state that have caused serious harm to public health, safety, or the environment. The attorney general shall appoint the special environmental crimes prosecutor with the advice and confirmation of the senate, who shall serve during the term of office of the attorney general. The attorney general, upon request of the special environmental crimes prosecutor, may employ such professional, technical, research, and clerical staff as may be necessary within available appropriations. The prosecutor may call upon the assistance and services of the department of ecology, other state agencies, any county prosecuting attorney, any law enforcement office in the state, and any other state or local government official or employee for the purpose of carrying out the function of the prosecutor established under this section.
     (2) The special environmental crimes prosecutor may from time to time provide recommendations to the attorney general and to the legislature for modifications to the state's environmental criminal statutes and other statutes to strengthen deterrence against environmental violations, to improve the administration and prosecution of environmental crimes proceedings, and to strengthen the state's interests in cases where there is concurrent federal and state environmental crimes jurisdiction.

NEW SECTION.  Sec. 2   A new section is added to chapter 43.21A RCW to read as follows:
     The department of ecology shall provide assistance as requested by the special environmental crimes prosecutor in carrying out the criminal investigation and prosecutorial functions assigned under section 1 of this act.