Three years after George Floyd's murder and the beginning of the pandemic, justice in the legal system continues to be one of the most popular topic of bills proposed to the Washington Legislature. Bills under consideration range from drug possession laws to gun regulations and regulation of Washington prisons
Learn more about the legislative agenda in these Crosscut stories:
In 2023, WA lawmakers will decide the legal future of drug possession
Q&A: Washington Governor Jay Inslee talks housing, guns, climate
Why you should pay attention to the 2023 Washington Legislature
The past (and possible future) of Washington state gun bills
Three years after George Floyd's murder and the beginning of the pandemic, justice in the legal system continues to be one of the most popular topic of bills proposed to the Washington Legislature. Bills under consideration range from drug possession laws to gun regulations and regulation of Washington prisons
Learn more about the legislative agenda in these Crosscut stories:
In 2023, WA lawmakers will decide the legal future of drug possession
Q&A: Washington Governor Jay Inslee talks housing, guns, climate
Why you should pay attention to the 2023 Washington Legislature
The past (and possible future) of Washington state gun bills
Senate Bill 5128, an addition to RCW Chapter 2.36, aims to make it easier for those in need to participate in jury duty, as well as for additional demographic information about jurors known prior to court. It would achieve the former by implementing child care assistance programs and higher pay for jurors who qualify for a “means-tested state-run benefit program.” The latter will be provided by the administrative office of the courts and presented to the governor — the information includes but is not limited to race, ethnicity, age, sex, employment status, educational attainment, and income. SB 5128 would also give jurors the ability to opt-in for emails regarding jury summons and related communications.
Status: Passed out of the Senate on March 3. Passed the House Committee on Civil Rights & Judiciary March 24, passed the House Committee on Appropriations. Passed the House on April 7.
WA SB 5128: Helping jury diversity
Senate Bill 5128, an addition to RCW Chapter 2.36, aims to make it easier for those in need to participate in jury duty, as well as for additional demographic information about jurors known prior to court. It would achieve the former by implementing child care assistance programs and higher pay for jurors who qualify for a “means-tested state-run benefit program.” The latter will be provided by the administrative office of the courts and presented to the governor — the information includes but is not limited to race, ethnicity, age, sex, employment status, educational attainment, and income. SB 5128 would also give jurors the ability to opt-in for emails regarding jury summons and related communications.
Status: Passed out of the Senate on March 3. Passed the House Committee on Civil Rights & Judiciary March 24, passed the House Committee on Appropriations. Passed the House on April 7.
Senate Bill 5055 repeals a number of acts in chapter 72.395 of the RCW, which contained a ban on contracting with private prisons in the wake of The Geo Group v. Newsom. Filed by Sen. Mike Padden, R-Spokane Valley, this bill would effectively reinstate for-profit prisons in Washington, but is not expected to make much progress through the Legislature.
Status: Bill did not make it out of the Senate. Appears to be dead.
WA SB 5055: Repealing a ban on private prison contracts
Senate Bill 5055 repeals a number of acts in chapter 72.395 of the RCW, which contained a ban on contracting with private prisons in the wake of The Geo Group v. Newsom. Filed by Sen. Mike Padden, R-Spokane Valley, this bill would effectively reinstate for-profit prisons in Washington, but is not expected to make much progress through the Legislature.
Status: Bill did not make it out of the Senate. Appears to be dead.
Senate Bill 5032, filed by Senators Mike Padden, R-Spokane Valley, and John Lovick D-Mill Creek, introduces a “special drug offender sentencing alternative” for people convicted of driving under the influence without prior convictions. These alternatives involve either a sentence equivalent at a prison-based alternative if the minimum sentence is greater than 24 months, or a “residential treatment-based alternative” if the minimum sentence is less than 24 months. Qualification would depends on a number of factors, including if the offender has a substance use disorder and if treatment for that disorder is available, as well as if the offender and their community would benefit from the alternative.
Status: Passed the Senate March 8. Did not pass out of a House committee. Appears to be dead.
WA SB 5032: Alternative sentencing for drug offenders
Senate Bill 5032, filed by Senators Mike Padden, R-Spokane Valley, and John Lovick D-Mill Creek, introduces a “special drug offender sentencing alternative” for people convicted of driving under the influence without prior convictions. These alternatives involve either a sentence equivalent at a prison-based alternative if the minimum sentence is greater than 24 months, or a “residential treatment-based alternative” if the minimum sentence is less than 24 months. Qualification would depends on a number of factors, including if the offender has a substance use disorder and if treatment for that disorder is available, as well as if the offender and their community would benefit from the alternative.
Status: Passed the Senate March 8. Did not pass out of a House committee. Appears to be dead.
Senate Bill 5022, filed by Senators Ron Muzzall, R-Oak Harbor, and Annette Cleveland, D-Vancouver, seeks to amend RCW 69.50.102 by exempting equipment designed to test the presence of fentanyl from being considered drug paraphernalia.
Status: Passed the Senate on March 9. Passed the House Committee on Community Safety, Justice, & Reentry March 27.
WA SB 5022: Exempting fentanyl testing equipment from the definition of drug paraphernalia
Senate Bill 5022, filed by Senators Ron Muzzall, R-Oak Harbor, and Annette Cleveland, D-Vancouver, seeks to amend RCW 69.50.102 by exempting equipment designed to test the presence of fentanyl from being considered drug paraphernalia.
Status: Passed the Senate on March 9. Passed the House Committee on Community Safety, Justice, & Reentry March 27.
House Bill 1177 proposes a cold case investigations unit that works with law enforcement and specifically looks into cases of missing and murdered indigenous women and people. This unit would take advantage of existing tracking software used by law enforcement, as well as keep in close contact with the families of the victims. Native American women are murdered at 10 times the national average, according to a federal study.
Status: Passed the House on Feb. 28. Passed the Senate Committee on Law & Justice March 22, passed the Senate Committee on Ways & Means April 3. Passed the Senate on April 8.
WA HB 1177: Creating a missing and murdered indigenous women and people cold case investigations unit
House Bill 1177 proposes a cold case investigations unit that works with law enforcement and specifically looks into cases of missing and murdered indigenous women and people. This unit would take advantage of existing tracking software used by law enforcement, as well as keep in close contact with the families of the victims. Native American women are murdered at 10 times the national average, according to a federal study.
Status: Passed the House on Feb. 28. Passed the Senate Committee on Law & Justice March 22, passed the Senate Committee on Ways & Means April 3. Passed the Senate on April 8.
House Bill 1134 aims to implement a set of informational materials, phone contact centers and a social media campaign, around the 988 crisis hotline. The material will be tailored toward veterans, members of LGBTQIA+ communities and American Indian and Alaska Natives. Consulted groups will include tribal nations, the American Indian Health Commission of Washington state, the Native and Strong Lifeline, the Washington State Department of Veterans Affairs, and representatives of agricultural communities. Workers must be trained in suicide assessment, treatment and management, with content that takes into account recommendations from the crisis training and secondary trauma programs developed by the University of Washington. The bill also aims to support mobile rapid response crisis teams.
Status: Passed the House on March 6. Passed the Senate Committee on Health & Long Term Care March 28, passed the Senate Committee on Ways & Means April 3. Passed the Senate on April 8.
WA HB 1134: Implementing the 988 behavioral health crisis response and suicide prevention system
House Bill 1134 aims to implement a set of informational materials, phone contact centers and a social media campaign, around the 988 crisis hotline. The material will be tailored toward veterans, members of LGBTQIA+ communities and American Indian and Alaska Natives. Consulted groups will include tribal nations, the American Indian Health Commission of Washington state, the Native and Strong Lifeline, the Washington State Department of Veterans Affairs, and representatives of agricultural communities. Workers must be trained in suicide assessment, treatment and management, with content that takes into account recommendations from the crisis training and secondary trauma programs developed by the University of Washington. The bill also aims to support mobile rapid response crisis teams.
Status: Passed the House on March 6. Passed the Senate Committee on Health & Long Term Care March 28, passed the Senate Committee on Ways & Means April 3. Passed the Senate on April 8.
House Bill 1080 amends Washington RCW 42.56.240, allowing unredacted footage from a body-worn camera to be provided to a defendant’s attorney, consulting witnesses, defense investigators or court under seal. These recordings are considered private and may not be published publicly — violations may lead to sanctions under civil or criminal court rules. The bill would also make any costs of redaction be paid by the requester.
Status: Introduced in the House Jan. 9, passed out of the House Committee on Civil Rights & Judiciary on Jan. 27, 2023. Passed by the House on Feb. 9. Passed the Senate Committee on Law & Justice March 28. No action taken on the Senate floor. Appears to be dead.
WA HB 1080: Concerning body worn cameras
House Bill 1080 amends Washington RCW 42.56.240, allowing unredacted footage from a body-worn camera to be provided to a defendant’s attorney, consulting witnesses, defense investigators or court under seal. These recordings are considered private and may not be published publicly — violations may lead to sanctions under civil or criminal court rules. The bill would also make any costs of redaction be paid by the requester.
Status: Introduced in the House Jan. 9, passed out of the House Committee on Civil Rights & Judiciary on Jan. 27, 2023. Passed by the House on Feb. 9. Passed the Senate Committee on Law & Justice March 28. No action taken on the Senate floor. Appears to be dead.
House Bill 1036 serves as an amendment to RCW 26.44.020, clarifying the definition of “member of the clergy” regarding cases of child abuse, also making clergy members required to report cases of suspected child abuse. This does not apply to cases of religious confession, as clergy-penitent privilege still applies in those contexts. The bill is very specific, however, that in any other situation, a member of the clergy is obligated to report their suspicions. The bill also would make failing to report punishable up to 10 years after the crime is committed.
Status: Did not pass out of the House. Appears to be dead.
WA HB 1036: Clergy child abuse reporting
House Bill 1036 serves as an amendment to RCW 26.44.020, clarifying the definition of “member of the clergy” regarding cases of child abuse, also making clergy members required to report cases of suspected child abuse. This does not apply to cases of religious confession, as clergy-penitent privilege still applies in those contexts. The bill is very specific, however, that in any other situation, a member of the clergy is obligated to report their suspicions. The bill also would make failing to report punishable up to 10 years after the crime is committed.
Status: Did not pass out of the House. Appears to be dead.
House Bill 1024 would eliminate the state court’s ability to force people serving prison sentences to pay for their cost of incarceration, regardless of their economic status. Additionally, the bill would eliminate the mandatory work requirement for incarcerated persons and calls for the Department of Corrections to issue an itemized report on the costs related to all incarcerated persons to the governor and the Legislature by October 2023.
Status: Did not make it out of the House. Appears to be dead.
WA HB 1024: Labor and income of incarcerated persons
House Bill 1024 would eliminate the state court’s ability to force people serving prison sentences to pay for their cost of incarceration, regardless of their economic status. Additionally, the bill would eliminate the mandatory work requirement for incarcerated persons and calls for the Department of Corrections to issue an itemized report on the costs related to all incarcerated persons to the governor and the Legislature by October 2023.
Status: Did not make it out of the House. Appears to be dead.
Senate Bill 5002 seeks to lower the breath or blood alcohol concentration limit required to be considered driving under the influence from 0.08 to 0.05 percent. A substitute was suggested by the Law & Justice Committee, amending sections of chapter 46.20 RCW to reflect the lowered percentage, as well as delaying the implementation date from July to December 2023.
Status: Did not make it out of the Senate. Appears to be dead.
WA SB 5002: Lower blood alcohol level for drunk driving
Senate Bill 5002 seeks to lower the breath or blood alcohol concentration limit required to be considered driving under the influence from 0.08 to 0.05 percent. A substitute was suggested by the Law & Justice Committee, amending sections of chapter 46.20 RCW to reflect the lowered percentage, as well as delaying the implementation date from July to December 2023.
Status: Did not make it out of the Senate. Appears to be dead.
House Bill 1240 would prohibit the sale and distribution of AR-style assault rifles, an item long sought by progressives. The bill includes a series of guidelines about what types of rifles would be banned and a list of models subject to the measure. The proposal wouldn’t bar possession of such weapons by those who already own them, and it appears to allow some small-caliber semiautomatic rifles to still be sold in Washington.
Status: Passed the House on March 8. Passed the Senate on April 8.
Read more about gun legislation before the Legislature on Crosscut.
Read more about this bill on Crosscut.
WA HB 1240 Probiting sale and distribution of AR-style assault rifles
House Bill 1240 would prohibit the sale and distribution of AR-style assault rifles, an item long sought by progressives. The bill includes a series of guidelines about what types of rifles would be banned and a list of models subject to the measure. The proposal wouldn’t bar possession of such weapons by those who already own them, and it appears to allow some small-caliber semiautomatic rifles to still be sold in Washington.
Status: Passed the House on March 8. Passed the Senate on April 8.
Read more about gun legislation before the Legislature on Crosscut.
Read more about this bill on Crosscut.
Senate Bill 5078 seeks to introduce further guidelines and standards for firearms industry members, meaning individuals, including officers and agents, who are involved with selling, manufacturing, distributing, importing, or marketing of firearms or its accessories. Firearms industry members would be prohibited from contributing to a “public nuisance” in their line of work, or a “substantial and unreasonable interference with the use and enjoyment of another person's property.” If a violation were to occur, both the Attorney General and the wronged party would be awarded damages, including punitive damages in the case of the former.
Status: Passed the Senate on March 2. Passed the House Committee on Civil Rights & Judiciary March 24, passed the House Committee on Appropriations March 31. Passed the House on April 10.
Read about firearms bills before the Legislature on Crosscut.
WA SB 5078 Regulating Firearms Sales
Senate Bill 5078 seeks to introduce further guidelines and standards for firearms industry members, meaning individuals, including officers and agents, who are involved with selling, manufacturing, distributing, importing, or marketing of firearms or its accessories. Firearms industry members would be prohibited from contributing to a “public nuisance” in their line of work, or a “substantial and unreasonable interference with the use and enjoyment of another person's property.” If a violation were to occur, both the Attorney General and the wronged party would be awarded damages, including punitive damages in the case of the former.
Status: Passed the Senate on March 2. Passed the House Committee on Civil Rights & Judiciary March 24, passed the House Committee on Appropriations March 31. Passed the House on April 10.
Read about firearms bills before the Legislature on Crosscut.
House Bill 1564 seeks to end the sale of self-collected over-the-counter sexual assault kits, which have traditionally not been admissible as evidence in court. State law already prohibits hospitals from charging for sexual assault forensic examinations, and these over-the-counter kits create false expectations as well as prolong trauma for sexual assault survivors. This bill would make the sale of such kits a violation of the Consumer Protection Act.
Status: Passed the House Feb. 27, passed Senate Committee on Law & Justice on March 22. Passed the Senate on April 7.
For more information on this bill, read this Crosscut story.
And this story focuses on bringing trauma-informed practices to assault cases.
WA HB 1564 Banning the sale of over-the-counter sexual assault kits
House Bill 1564 seeks to end the sale of self-collected over-the-counter sexual assault kits, which have traditionally not been admissible as evidence in court. State law already prohibits hospitals from charging for sexual assault forensic examinations, and these over-the-counter kits create false expectations as well as prolong trauma for sexual assault survivors. This bill would make the sale of such kits a violation of the Consumer Protection Act.
Status: Passed the House Feb. 27, passed Senate Committee on Law & Justice on March 22. Passed the Senate on April 7.
For more information on this bill, read this Crosscut story.
And this story focuses on bringing trauma-informed practices to assault cases.
House Bill 1234 would expand the powers of animal care/control and law enforcement agencies, permitting them to, with probable cause, enter private property without a warrant in order to seize an animal they believe is being abused. Once this happens, owners would have to post a bond to the local district court, otherwise, their animal is forfeited to the agency that seized it, where it may be given to a new owner or euthanized. Following the forfeiture, owners are allowed to petition the court for a return for 14 days.
Status: Passed the House Feb. 8, Passed Senate Law & Justice March 22. Passed the Senate on April 12.
WA HB 1234 Civil forfeiture of abused and neglected animals
House Bill 1234 would expand the powers of animal care/control and law enforcement agencies, permitting them to, with probable cause, enter private property without a warrant in order to seize an animal they believe is being abused. Once this happens, owners would have to post a bond to the local district court, otherwise, their animal is forfeited to the agency that seized it, where it may be given to a new owner or euthanized. Following the forfeiture, owners are allowed to petition the court for a return for 14 days.
Status: Passed the House Feb. 8, Passed Senate Law & Justice March 22. Passed the Senate on April 12.