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Home My WebLink About06/07/2011 29 Jail Time Reduction for Gross Misdemeanor Crimes; YMC Amendment • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 2-q For Meeting of June 7, 2011 ITEM TITLE: An ordinance relating to Public Safety; decreasing the maximum jail penalty for gross misdemeanor crimes from 365 days to 364 days to reflect a recent change to State law; and amending the City of Yakima Municipal Code. SUBMITTED BY: Cynthia Martinez, Senior Assistant City Attorney CONTACT PERSON/TELEPHONE: Cynthia Martinez: 509 - 575 -6033 SUMMARY EXPLANATION: Earlier this year, the Washington State Legislature passed BiII 5168 which will change the maximum jail penalty for gross misdemeanor offenses from 365 days to 364 days. This is a housekeeping measure to change those sections in the Yakima Municipal Code that reference the 365 -day jail sentence maximum. The effective date of this Ordinance coincides with the State effective date of July 22, 2011, which is a longer period of time than the typical 30 days after publication. This has not been considered by the Council Public Safety Committee because the May meeting was cancelled. Resolution Ordinance X Other(Specify) Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: ��'�o City Manager STAFF RECOMMENDATION: Pass the Ordinance. BOARD /COMMISSION RECOMMENDATION: This proposed Ordinance has not been considered by the Yakima City Council Public Safety Committee. COUNCIL ACTION: • ORDINANCE NO. 2011- AN ORDINANCE relating to Public Safety; decreasing the maximum jail penalty for gross misdemeanor crimes from 365 days to 364 days to enact a recent State law change and amending the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 6.02.050 of the City of Yakima Municipal Code is hereby amended to read as follows: 6.02.050 Violation — Penalty. A. It is unlawful for any person to violate any provision or to fail to comply with any requirement of this title. Any person who violates any of these provisions or fails to comply with any of the mandatory requirements of this title, or who is convicted of being a disorderly person, unless otherwise specified, commits a misdemeanor in violation of this title and shall be punished by jail imprisonment for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars, or by both such imprisonment and fine. B. A crime is a gross misdemeanor if it is punishable by a maximum term fixed by the court of not more than three hundred sixty fivcfour days, or by a fine in an amount • fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine. Section 2. Chapter 6.05.040 of the City of Yakima Municipal Code is hereby amended to read as follows: 6.50.040 Signage required. Every person who operates a retail or commercial establishment selling aerosol paint, broad tipped markers, paint sticks or graffiti sticks shall place a sign in clear public view stating: "Graffiti is against the law." Any person who defaces real or personal property with paint or any other liquid or device is guilty of a crime punishable by imprisonment of up to three hundred sixty fivefour days and /or a fine up to five thousand dollars. Each person violating this section shall be guilty of a civil infraction with a penalty in the amount of twenty -five dollars. For a second or subsequent violation of this section the penalty shall be in the amount of two hundred dollars. Section 3. Chapter 6.11.060 of the City of Yakima Municipal Code is hereby amended to read as follows: 6.11.060 Penalty for violation — Enhanced penalty— Sentencing. A. Mandatory Minimums —First Offense. 1. Gross Misdemeanor. Any person who is convicted of any gross misdemeanor 110 criminal street gang - related offense, in addition to any fine imposed, shall be punished by imprisonment not to exceed three hundred sixty fivefour days, but not Tess than cim /ordinance /grossmisdemeanor/ page 1 of 2 thirty days for a first offense. Any subsequent conviction is subject to the mandatory sentencing provisions of subsection B of this section. 2. Misdemeanor. Any person who is convicted of any misdemeanor criminal street gang - related offense shall be punished by imprisonment not to exceed ninety days, but not less than ten days. Any subsequent conviction is subject to the mandatory sentencing provisions of subsection B of this section. B. Mandatory Minimums— Subsequent Offenses. 1. Second Offense. In addition to any fine imposed, upon conviction of any second criminal street gang - related offense, unless otherwise specifically provided in any section, the violator shall be imprisoned for not Tess than ninety days for a gross misdemeanor and not Tess than thirty days for a misdemeanor. 2. Third and Subsequent Offenses. In addition to any fine imposed, upon conviction of any third criminal street gang - related offense the violator shall be imprisoned not less than one hundred eighty days for a gross misdemeanor and not Tess than forty -five days for a misdemeanor. C. Other — Sentencing. 1. Where a state - imposed mandatory minimum imposes a greater sentence, the state mandatory minimum shall control. 2. The imposition of a mandatory minimum sentence, pursuant to this chapter, shall not prevent the court from setting appropriate probation conditions, such as, but not limited to, orders to stay away from certain locations, to complete appropriate treatment, to perform community restitution hours, and /or to pay restitution to crime victims. D. Application of Mandatory Minimum. 1. Following a finding of guilt for a criminal offense by a judge or jury, if the 110 sentencing judge determines that the crime(s) is a criminal street gang - related offense, the mandatory minimum shall be imposed. 2. Notwithstanding any other provision of law, the sentencing judge may refuse to impose the mandatory minimum jail sentence prescribed in this chapter in an extraordinary case where the interests of justice would best be served by a different disposition. The sentencing judge shall enumerate on the record the reasons for any deviation from the mandatory minimum sentence. Section 4. This ordinance shall be in full force and effect on July 22, 2011, which is more than the 30 days, provided by law and the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 7th day of June, 2011. ATTEST: Micah Cawley, Mayor City Clerk . Publication Date: Effective Date: cim/ordinance /grossmisdemeanor/ page 2 of 2