Form revised: December 6, 2011

FISCAL NOTE FOR NON-CAPITAL PROJECTS

Department:	Contact Person/Phone:	CBO Analyst/Phone:
Law – Criminal Division	Richard Greene 684-8538

Legislation Title:  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

Summary of the Legislation:  Amends the City’s criminal code to conform with changes in the corresponding state criminal statutes made by the recent session of the Legislature, increases the classification of Violation of a Harassment Order, requires a defendant charged with Violation of a Civil Anti-Harassment Order to appear in person for arraignment, creates an affirmative defense to the charge of Prostitution, requires a defendant convicted of Patronizing a Prostitute to attend an education class regarding the negative costs of prostitution, increases the Prostitution Prevention and Intervention Account assessment for a defendant convicted of Patronizing a Prostitute or Permitting Prostitution and authorizes Municipal Court to reduce, waive or suspend a portion of that assessment.

Background:  Many provisions of Seattle’s criminal code are identical to provisions of the state criminal statutes.  When the Legislature amends those statutes, our criminal code usually should be amended to ensure uniformity.  This ordinance changes provisions of our criminal code to conform with changes made to the corresponding state criminal statutes by the recent session of the Legislature.

This ordinance increases the maximum penalty for Violation of a Harassment Order from 90 days in jail and a $1,000 fine to 364 days in jail and a $5,000 fine.  It requires that a defendant charged with Violation of a Civil Anti-Harassment Order appear in person for arraignment so conditions of release can be imposed.  It creates an affirmative defense to a charge of Prostitution that the defendant was the victim of sexual trafficking or promoting prostitution.  It requires a defendant convicted of a first-offense Patronizing a Prostitute to complete an education program regarding the negative costs of prostitution.  It increases the Prostitution Prevention and Intervention Account assessment for a defendant convicted of Patronizing a Prostitute from $150 to $1,500, $2,500 or $5,000, depending on the number of prior convictions.  It increases the Prostitution Prevention and Intervention Account assessment for a defendant convicted of Permitting Prostitution from $50 to $1,500, $2,500 or $5,000, depending on the number of prior convictions.  It authorizes Municipal Court to reduce, waive or suspend up to two-thirds of this assessment.

__X__ This legislation does not have any financial implications.

Other Implications:

a) Does the legislation have indirect financial implications, or long-term implications?  No.

b) What is the financial cost of not implementing the legislation?  None.

c) Does this legislation affect any departments besides the originating department?  No.

d) What are the possible alternatives to the legislation that could achieve the same or similar objectives?  None seem apparent.

e) Is a public hearing required for this legislation?  No.

f) Is publication of notice with The Daily Journal of Commerce and/or The Seattle Times required for this legislation?  No.

g) Does this legislation affect a piece of property?  No.

h) Other Issues:

List attachments to the fiscal note below: