CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

AN ORDINANCE relating to the City's criminal code; amending and adding various sections and subsections in Chapters 12A.06 and 12A.10 of the Seattle Municipal Code to conform with changes in state law.

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Subsection C of Section 12A.06.040 of the Seattle Municipal Code is amended as follows:

12A.06.040 Harassment.

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C. The court shall determine the necessity for imposing a nocontact order or other conditions of pre-trial release. The Seattle Police Department and Seattle Municipal Court may enforce this section as it relates to orders restricting the defendant's ability to have contact with the victims or others. The victim shall be informed by local law enforcement agencies or the prosecuting attorney of the final disposition of the case in which the victim is involved. If a defendant is found guilty of a crime of harassment and a condition of the sentence restricts the defendant's ability to have contact with the victim or witnesses, the condition shall be recorded and a written certified copy of that order shall be provided to the victim or witnesses by the clerk of the court. Wilful violation of a court order issued under RCW Chapter 9A.46, this section, or (( of an order issued by any court of competent jurisdiction under )) an equivalent statute or ordinance, either as a condition of pre-trial release or as a condition of the sentence, is a gross misdemeanor. The written order shall contain the court's directives and shall bear the legend: "Violation of this order is criminal offense under RCW Chapter 9A.46 and or SMC Section 12A.06.040 and will subject a violator to arrest."

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Section 2. Section 12A.06.190 of the Seattle Municipal Code is amended as follows:

12A.06.190 Violation of civil antiharassment protection order.

A. Whenever a civil antiharassment protection order is issued by a court of competent jurisdiction any respondent or person to be restrained who wilfully disobeys the order shall be guilty of a gross misdemeanor.

B. A defendant arrested for violating any civil antiharassment protection order issued pursuant to RCW Chapter 10.14 is required to appear in person before a magistrate within one (1) judicial day after the arrest. A defendant who is charged by citation or complaint with violating any civil antiharassment protection order issued pursuant to RCW Chapter 10.14 and not arrested shall appear in court for arraignment in person as soon as practicable, but in no event later than fourteen (14) days after the next day on which the court is in session following the issuance of the citation or the filing of the complaint. At the time of the appearance, the court shall determine the necessity of imposing a no-contact order or no-harassment order and consider the provisions of RCW 9.41.800 or other conditions of pretrial release. Appearances required pursuant to this section are mandatory and cannot be waived.

Section 3. Subsection B of Section 12A.10.020 of the Seattle Municipal Code is amended as follows:

12A.10.020 Prostitution.

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B. It is an affirmative defense in any prosecution under this section that :

1. the sexual conduct was engaged in as part of any stage performance, play, or other entertainment, open to members of the public ; or

2. the defendant committed the offense as a result of being a victim of trafficking, RCW 9A.40.100, promoting prostitution in the first degree, RCW 9A.88.070, or trafficking in persons under the trafficking victims protection act of 2000, 22 U.S.C. Sec. 7101 et seq. Documentation that the defendant is named as a current victim in an information or the investigative records upon which a conviction is obtained for trafficking, promoting prostitution in the first degree, or trafficking in persons shall create a presumption that the defendant's participation in prostitution was a result of having been a victim of trafficking, promoting prostitution in the first degree, or trafficking in persons .

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Section 4. Subsection B of Section 12A.10.040 of the Seattle Municipal Code is amended as follows:

12A.10.040 Patronizing a prostitute.

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B. Patronizing a prostitute is a misdemeanor. Every person convicted of patronizing a prostitute shall have a biological sample collected for purposes of DNA identification analysis, as provided in RCW 43.43.754, and shall pay a fee of One Hundred Dollars ($100.00), as provided in RCW 43.43.7541. When sentencing or imposing conditions on a person convicted of or given a deferred sentence or a deferred prosecution for patronizing a prostitute, the court must require that the person :

1. not be subsequently arrested for patronizing a prostitute or commercial sexual abuse of a minor ;

2. (( and that the person )) remain outside the geographical area, prescribed by the court, in which the person was arrested for this crime, unless this requirement would interfere with the person's legitimate employment or residence or otherwise be infeasible ; and

3. fulfill the terms of a program, if a first-time offender, designated by the court, designed to educate offenders about the negative costs of prostitution .

These requirements are (( This requirement is )) in addition to the penalties set forth in Section 12A.10.070.

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Section 5. Section 12A.10.070 of the Seattle Municipal Code is amended as follows:

12A.10.070 Mandatory fee for defendant convicted of or entering into a diversion agreement or deferred prosecution for a prostitution-related offense; forfeiture of funds used as part of prostitution-related offenses.

A. 1. In addition to penalties set forth in Section 12A.10.020 (( and Section 12A.10.060 )), a person who is either convicted or given a deferred sentence or a deferred prosecution or who has entered into a statutory or nonstatutory diversion agreement as a result of an arrest for violating Section 12A.10.020 (( or Section 12A.10.060 )) shall be assessed a fee of Fifty Dollars ($50.00).

2. In addition to penalties set forth in Section 12A.10.040, a person who is either convicted or given a deferred sentence or a deferred prosecution or who has entered into a statutory or nonstatutory diversion agreement as a result of an arrest for violating Section 12A.10.040 shall be assessed a fee in the amount of One Thousand Five Hundred Dollars ($1500.00) if the person has no prior convictions, deferred sentences, deferred prosecutions or statutory or nonstatutory diversion agreements for this offense, Two Thousand Five Hundred Dollars ($2500.00) if the person has one (1) prior conviction, deferred sentence, deferred prosecution or statutory or nonstatutory diversion agreement for this offense and Five Thousand Dollars ($5000.00) if the person has two (2) or more prior convictions, deferred sentences, deferred prosecutions or statutory or nonstatutory diversion agreements for this offense (( One Hundred Fifty Dollars ($150.00) )).

3. In addition to penalties set forth in Section 12A.10.060, a person who is either convicted or given a deferred sentence or a deferred prosecution or who has entered into a statutory or nonstatutory diversion agreement as a result of an arrest for violating Section 12A.10.060 shall be assessed a fee in the amount of One Thousand Five Hundred Dollars ($1500.00) if the person has no prior convictions, deferred sentences, deferred prosecutions or statutory or nonstatutory diversion agreements for this offense, Two Thousand Five Hundred Dollars ($2500.00) if the person has one (1) prior conviction, deferred sentence, deferred prosecution or statutory or nonstatutory diversion agreement for this offense and Five Thousand Dollars ($5000.00) if the person has two (2) or more prior convictions, deferred sentences, deferred prosecutions or statutory or nonstatutory diversion agreements for this offense.

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C. The court shall not reduce, waive, or suspend payment of all or part of the assessed fee in subsection A of this section unless it finds, on the record, that the offender does not have the ability to pay the fee, in which case it may reduce the fee by an amount up to two-thirds of the maximum allowable fee. The court may suspend payment of all or part of the fees required by subsection (( subsections A and )) B of this section only if the person presents documentary evidence, such as a tax return, wage receipts or bank statements, showing that the person's annual income before taxes is less than the most recent United States Department of Health and Human Services poverty guidelines for the 48 contiguous states and the District of Columbia.

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E. The fee assessed and collected under subsection A of this section shall be collected by the clerk of the court and remitted and subject to the use and distribution conditions of RCW 9A.88.120(4). (( Any fee assessed under subsection A of this section shall be collected by the clerk of the court and distributed each month to the state treasurer for deposit in the prostitution prevention and intervention account under RCW 43.63A.740 for the purpose of funding prostitution prevention and intervention activities. )) Any fee assessed under subsection B of this section and the portion of any fine imposed upon a defendant convicted of a violation of Section 12A.10.010, 12A.10.020, 12A.10.040 or 12A.10.060 that is retained by the City shall be collected by the clerk of the court or the Director of Probation Services and shall be deposited in the Sex Industry Victims Fund. Monies forfeited under subsection D of this section shall be deposited in the Vice Enforcement/Money Laundering Forfeiture Account.

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Section 6. This ordinance shall take effect and be in force thirty (30) days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten (10) days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of ________________________, 2012, and signed by me in open session in authentication of its passage this _____ day of ___________________, 2012.

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President __________of the City Council

Approved by me this ____ day of _____________________, 2012.

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Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2012.

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Monica Martinez Simmons, City Clerk

(Seal)

Richard Greene LAW 2012 Criminal ORD July 11, 2012 June 14, 2012 Version #2