WSR 07-16-013


[ Filed July 19, 2007, 10:21 a.m. ]



The Washington attorney general issues formal published opinions in response to requests by the heads of state agencies, state legislators, and county prosecuting attorneys. When it appears that individuals outside the attorney general's office have information or expertise that will assist in the preparation of a particular opinion, a summary of that opinion request will be published in the state register. If you are interested in commenting on a request listed in this volume of the register, you should notify the attorney general's office of your interest by August 22, 2007. This is not the due date by which comments must be received. However, if you do not notify the attorney general's office of your interest in commenting on an opinion request by this date, the opinion may be issued before your comments have been received. You may notify the attorney general's office of your intention to comment by calling (360) 664-3027, or by writing to the Solicitor General, Office of the Attorney General, P.O. Box 40100, Olympia, WA 98504-0100. When you notify the office of your intention to comment, you will be provided with a copy of the opinion request in which you are interested; information about the attorney general's opinion process; information on how to submit your comments; and a due date by which your comments must be received to ensure that they are fully considered.

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The attorney general's office seeks public input on the following opinion request(s):

Opinion Docket No. 07-07-01

Request by Bill Hinkle

Chair, Municipal Research and Services Center

1. Are the ordinance definitions of "criminal street gang" and "criminal gang activity" unconstitutionally overbroad because they could encompass lawful activities?

2. Is the criminalization of idling or loitering of "criminal street gang" members, without any definition of "idle" or "loiter" unconstitutionally vague because it would not enable ordinary citizens to conform their conduct to the law and because it does not provide sufficient minimal standards to guide law enforcement officers?

3. Is the criminalization of idling or loitering of "criminal street gang" members unconstitutionally overbroad because it may criminalize lawful activities?

Washington State Code Reviser's Office