Prosecutors Desk 6-23-2013
Last week, Lech Radzimski, Ken Tyndal and I attended the Washington State Prosecutors Association meetings and training in Chelan. I attended the membership meeting, which all prosecuting attorneys in the state attend, and then joined the deputies for training sessions on various topics. We were briefed on some of the legislation that comes into effect on July 28, 2013. Here is a brief sample of some of the changes in our criminal laws.
1009-Chapter 89 — Allows retailer to sell liquor through self-check out lanes; as long as an employee verifies age during the checkout.
1341- Chapter 175 — This is the wrongful conviction reimbursement proposal. The no-fault process requires a finding by clear and convincing evidence that the person is/was actually innocent. The compensation is paid by the state and requires the person to forego suit against the state or any political subdivision such as a county or city government.
1404- Chapter 112—This law addresses immunity from alcohol based Minor in Possession charges for a person under age 21 years; if the basis for the charges is information provided in calling for medical assistance for an overdose victim. It does not allow for suppression of other evidence.
5095- Chapter – 157 – This allows a motorist to provide proof of financial security using an electronic device. Law enforcement cannot look at other information. The motorist is liable for any incidental damage to the device.
1552- Chapter 322 — This is the scrap metal task force proposal. For the crimes of theft and malicious mischief, the repair cost for damage in removing metal or wire may be used in charging the relevant crimes as felonies or not. Scrap metal businesses must pay by issuing a non-transferable check three days after the date the scrap metal is presented. Payments under $30 are allowed in cash provided there is identification presented.
5149-Chapeter 270 — This provides that a robbery in a pharmacy can add 12 months to the standard range of sentence if it is alleged and proved.
5305-Chapter 252 — This makes it mandatory for hospitals to report bullet, gunshot or stab wounds to law enforcement agencies.