Prosecutors Desk 4-20-14 Legislative changes in 2014 in Olympia

The dust has settled at the Legislative session in Olympia.  There have been  some changes made in important criminal law areas, but Governor Inslee vetoed some of the items passed by the legislature.

This is a brief summary of some of the changes in criminal law that have been passed by the legislature and signed by the Governor.  Most of these changes take effect on the 12th of June of 2014.

There is an amendment to RCW 10.31.100 which allows a surveillance officer to radio observations to a uniformed arrest team and that information be then used to arrest the suspect without a warrant.  Previously, the strict wording of the statute was held by the Supreme Court in State v. Ortega to require the officer who observed the behavior to be the one who made the arrest. Now the wording is expanded to an officer.

A new law now requires an offender in prison for serious violent offenses to get court approval prior to bringing civil suit against the victim of the crime of conviction or the victim’s family.  If violated, DOC can revoke earned early release time.  This new law does not apply to parenting actions.

There is a change that allows convictions prior to Jan 1, 1975 for actions related to exercising of treaty Indian fishing rights, to be vacated under RCW 9.96.060.  It allows family to pursue vacation for qualifying deceased family members.  (I am going to try and find out the purpose behind allowing the vacation of offenses for people who have passed away.)

There has been a veto of legislation which would have changed the definition of “posted in a conspicuous manner” for purposes of the notice required to be posted for trespass laws. It would have applied to unincorporated property outside of Urban Growth Areas. The law would have required Fluorescent orange marks to be vertical lines not less than 8 inches by 1 inch at least three feet above the ground, every 100 feet on boundary of forest land and every 1000 feet on boundary of other land. Governor Inslee vetoed this legislation, but it will probably come up again.

There has been a sweeping change in the sentencing law of juveniles convicted of aggravated first-degree murder. This was the result of a United States Supreme Court case, Miller v. Alabama.  There is one case in Stevens County that will likely require a re-sentencing because of this change.

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