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HomeMy WebLinkAbout07/20/2021 06.J. Ordinance amending section 6.05.130, for the purpose of adopting the equivalent Revised Code of Washington statute; and enacting a new section relating to exposing minor child(ren) to domestic violence 1 14c 0�`��C � I / lid ,1 f 1:1 RPOR ) BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.J. For Meeting of: July 20, 2021 ITEM TITLE: Ordinance amending section 6.05.130, for the purpose of adopting the equivalent Revised Code of Washington statute; and enacting a new section relating to exposing minor child(ren)to domestic violence SUBMITTED BY: Jeffrey Schaap, Senior Assistant City Attorney Lt. Chad Stephens, Yakima Police Department SUMMARY EXPLANATION: This proposed ordinance amends Chapter 6.05 "Domestic Violence." First, as a primarily housekeeping matter, the proposed ordinance amends section 6.05.130, "Interfering with the reporting of domestic violence," by replacing the current city ordinance with the equivalent Revised Code of Washington statute. Second, the proposed ordinance would create a new section, "Exposing minor child(ren)to domestic violence." Studies show that children who witness domestic violence are at a higher risk for behavioral and emotional problems, poor academic performance, and delinquency. Thus, domestic violence not only effects the victim but also any children who witness it. This new section would create a new gross misdemeanor offense for committing a crime of domestic violence (a crime against a family or household member or intimate partner) in the presence of a minor child(ren). This proposed ordinance was suggested by the Yakima Police Department and is modeled after several other similar ordinances that have been adopted by other cities in Washington. Ultimately, the new section would be another tool in our response to domestic violence. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Pass ordinance ATTACHMENTS: Description Upload Date Type 1 Ordinance-YMC 6.05-redline t/8/2021 Ordinance ID Ordinance-YMC 6.05-changes accepted 7/8/2021 Ordinance 2 3 ORDINANCE NO. 2021- AN ORDINANCE relating to Public Safety; amending the City of Yakima Municipal Code; amending section 6.05.130, for the purpose of adopting the equivalent Revised Code of Washington statute; and enacting a new section relating to exposing minor child(ren) to domestic violence. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The following section, 6.05.130, of the City of Yakima Municipal Code is hereby amended to read as follows: 6.05.130 Interfering with the reporting of domestic violence. ROW 9A.36.150 is hereby adopted by reference as currently enacted or as hereafter amended or recodified from time to time. (1) A person commits the crime of interfering with the reporting of domestic violence if the person: (a) Commits a crime of domestic violence, as defined in RCW 10.99.020; and (b) Prevents or attempts to prevent the victim of or a witness to that domestic violence crime from calling a 911 emergency communication system, obtaining medical assistance, or making a report to any law enforcement official. a necessary element of the crime of interfering with the reporting of domestic violence. (3) Interference with the reporting of domestic violence is a gross misdemeanor. Section 2. A new section, 6.05.135, of the City of Yakima Municipal Code is hereby adopted to read as follows: 6.05.135 Exposing minor child(ren) to domestic violence. A. A person commits the crime of exposing minor child(ren) to domestic violence when he or she: 1. Commits a crime against a family or household member, or an intimate partner, as defined in RCW 26.50.010, as currently enacted or hereafter amended; and 2. The crime is committed in the immediate presence of, or is witnessed or heard by, the person's or the victim's minor child, minor stepchild, or any minor child residing within the household of the person or victim. 3. For purposes of this section, "minor" shall mean under 18 years of age on the date of the violation. 1 4 B. A violation of this section is a gross misdemeanor. Any person convicted of this crime shall be punished by imprisonment of not less than 30 days. Section 3. 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 20th day of July, 2021. ATTEST: Patricia Byers, Mayor Sonya Claar Tee, City Clerk Publication Date: Effective Date: 2 5 ORDINANCE NO. 2021- AN ORDINANCE relating to Public Safety; amending the City of Yakima Municipal Code; amending section 6.05.130, for the purpose of adopting the equivalent Revised Code of Washington statute; and enacting a new section relating to exposing minor child(ren) to domestic violence. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The following section, 6.05.130, of the City of Yakima Municipal Code is hereby amended to read as follows: 6.05.130 Interfering with the reporting of domestic violence. RCW 9A.36.150 is hereby adopted by reference as currently enacted or as hereafter amended or recodified from time to time. Section 2. A new section, 6.05.135, of the City of Yakima Municipal Code is hereby adopted to read as follows: 6.05.135 Exposing minor child(ren) to domestic violence. A. A person commits the crime of exposing minor child(ren) to domestic violence when he or she: 1. Commits a crime against a family or household member, or an intimate partner, as defined in RCW 26.50.010, as currently enacted or hereafter amended; and 2. The crime is committed in the immediate presence of, or is witnessed or heard by, the person's or the victim's minor child, minor stepchild, or any minor child residing within the household of the person or victim. 3. For purposes of this section, "minor" shall mean under 18 years of age on the date of the violation. B. A violation of this section is a gross misdemeanor. Any person convicted of this crime shall be punished by imprisonment of not less than 30 days. Section 3. 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 20'h day of July, 2021. Patricia Byers, Mayor 1 6 ATTEST: Sonya Clear Tee, City Clerk Publication Date: Effective Date: 2