HomeMy WebLinkAbout08/21/2018 06P Adopting RCW 9.94A.835; YMC Amendment Ch. 6.55BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
1
Item No. 6.P.
For Meeting of: August 21, 2018
ITEM TITLE: Ordinance amending the Yakima Municipal Code, Ch. 6.55, and
adopting Revised Code of Washington statute RCW 9.94A.835,
"Special Allegation - Sexual Motivation," to allow city prosecutors to
prosecute sexually motivated crimes in municipal court
SUBMITTED BY: Brooke Goosman, Assistant City Attorney
SUMMARY EXPLANATION:
The City Municipal Code Chapter 6.55, "Offenses Against Public Decency and Morality,"
consists of city codes relating to crimes which have traditionally been defined as sex offenses.
The proposed ordinance would amend Chapter 6.55 by adopting the RCW 9.94A.835, Special
Allegation — Sexual Motivation. This special allegation can be added to a criminal charge. The
most common crime this allegation is charged with is Assault in the Fourth Degree. The Yakima
Police Department has requested that this be adopted. This minor addition to the municipal
code would simply allow the city to allege the "sexual motivation" allegation in cases where it is
factually appropriate. Using this special allegation is beneficial because, in future prosecutions,
prosecutors will be able to ascertain if a certain charge in a defendant's criminal history was
sexually motivated. This type of information furthers public safety. The special allegation does
not increase or change the penalty if a person is convicted of a crime with this designation.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
NA
Public Safety
STAFF RECOMMENDATION:
Pass ordinance
BOARD/COMMITTEE RECOMMENDATION:
The Public Safety Committee recommends this item be referred to the full Council for approval.
ATTACHM E NT S :
Description
O ord redline
O ord clean
Upload Date
8/16/2018
8/16/2018
Type
Cover Memo
Coer Memo
2
AN ORDINANCE
ORDINANCE NO. 2018-
3
relating to Public Safety; amending the Yakima Municipal Code, Ch. 6.55,
Offenses against Public Decency and Morality, and adopting the Revised
Code of Washington statute RCW 9.94A.835, Special Allegation - Sexual
Motivation, to allow city prosecutors to prosecute sexually motivated crimes
in municipal court.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Chapter 6.55, Section 6.55.015, of the City of Yakima Municipal Code is
hereby amended to read as follows:
Chapter 6.55
OFFENSES AGAINST PUBLIC DECENCY AND MORALITY
6.4555.015 Statutes adopted
The following RCW sections, as currently enacted or as hereafter amended or recodified
from time to time, are hereby adopted by reference and shall be given the same force and
effect as if set forth herein in full:
RCW
9.68A.090 Communication with minor for immoral purposes.
9.94A.835 Special allegation—Sexual motivation—Procedures.#
9A.44.132 Failure to register as a sex offender or kidnapping offender.
9A.88.010 Indecent exposure.
9A.88.030 Prostitution.
9A.88.050 Prostitution—Sex of parties immaterial—No defense.
9A.88.090 Permitting prostitution.
9A.88.110 Patronizing a prostitute.
(Ord. 2013-003 § 3, 2013).
Section 2. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 21s1 day of August, 2018.
ATTEST: Kathy Coffey, Mayor
Sonya Claar Tee, City Clerk
Publication Date:
Effective Date:
AN ORDINANCE
4
ORDINANCE NO. 2018 -
relating to Public Safety; amending the Yakima Municipal Code, Ch. 6.55,
Offenses against Public Decency and Morality, and adopting the Revised
Code of Washington statute RCW 9.94A.835, Special Allegation - Sexual
Motivation, to allow city prosecutors to prosecute sexually motivated crimes
in municipal court.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Chapter 6.55, Section 6.55.015, of the City of Yakima Municipal Code is
hereby amended to read as follows:
Chapter 6.55
OFFENSES AGAINST PUBLIC DECENCY AND MORALITY
6.55.015 Statutes adopted
The following RCW sections, as currently enacted or as hereafter amended or recodified
from time to time, are hereby adopted by reference and shall be given the same force and
effect as if set forth herein in full:
RCW
9.68A.090 Communication with minor for immoral purposes.
9.94A.835 Special allegation—Sexual motivation—Procedures.
9A.44.132 Failure to register as a sex offender or kidnapping offender.
9A.88.010 Indecent exposure.
9A.88.030 Prostitution.
9A.88.050 Prostitution—Sex of parties immaterial—No defense.
9A.88.090 Permitting prostitution.
9A.88.110 Patronizing a prostitute.
(Ord. 2013-003 § 3, 2013).
Section 2. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 21s1 day of August, 2018.
ATTEST: Kathy Coffey, Mayor
Sonya Claar Tee, City Clerk
Publication Date: August 24, 2018
Effective Date: September 23, 2018