Behind The Line Podcast

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SB6063: A resentencing hearing is required if a conviction for an offense that occurred when the offender was under the age of 18 was used as a basis for finding the offender was a persistent offender. The prosecuting attorney for the county where the offender was sentenced as a persistent offender must review each sentencing document, and shall make a motion for relief to the original sentencing court if a conviction for an offense that occurred when the offender was under the age of 18 was used as a basis for finding an offender was a persistent offender. The offender may also make a motion for relief from sentence to the original sentencing court The sentencing court must grant the motion if it finds a conviction for an offense committed when the offender was under the age of 18 was used as a basis for a finding that the offender was a persistent offender, and must immediately set an expedited date for resentencing. At resentencing, the court must sentence the offender as if the conviction for an offense occurring under the age of 18 was not a most serious offense at the time the original sentence was imposed. Notwithstanding the requirement that any sentence imposed be determined based on the law in effect when the current offense was committed, for purposes of resentencing, an offense occurring when the offender was under the age of 18 shall not be considered a most serious offense regardless whether the offense was committed before, on, or after the effective date of the 2019 law that removed Robbery in the second degree from qualifying as a strike offense. The definition of persistent offender is modified to require the offender be 18 years of age or older on the offense date for prior convictions for most serious offenses to qualify as strike offenses for purposes of the three strikes law and two strikes law.

HB1964: Grants the Department of Licensing (DOL) broad authority to enforce fuel tax requirements. • Requires the DOL to establish a prorate and fuel tax discovery team to detect and investigate fuel tax and proportional registration violations, with authority to seek search warrants, issue subpoenas, perform inspections, and investigate and assess alleged civil violations. • Makes a person other than a licensee who is engaged in the business of selling, purchasing, distributing, storing, transporting, or delivering fuel, and who fails to submit required tax reports to the DOL, subject to civil and criminal penalties. • Requires a fuel licensee who has a fuel license revoked to submit an application for reinstatement, and to resolve all outstanding violations, noncompliance items, and debts owed, prior to issuance of a new license.Exempts fuel tax reports submitted to the DOL from public inspection and copying, subject to certain specified exceptions.

HB2126: Counties planning under the GMA may authorize development of detached accessory dwelling units (DADUs) in rural areas on lots of any size, even where otherwise prohibited by a comprehensive plan, countywide planning policy, or multicounty planning policy, if the DADUs are subject to the following development regulations: A parcel may not have more than one accessory dwelling unit (ADU), whether attached or detached. • The DADU must be subject to certain water supply requirements and may not be located on a parcel that uses a water source that is closed to further appropriation, must use water that is part of the water right for the primary dwelling, and withdrawals of water must be metered. • The DADU may not be located within or encroach upon any existing critical area buffers. • The building permit applicant must demonstrate that the sewage, septic, or on-site sewage system can handle the additional demand from the DADU. If the DADU will be connected to an existing system, the system must

be inspected by a licensed contractor prior to issuance of the building permit. • The floor area of the DADU may not exceed the lesser of 1,296 square feet, or the square footage that could be authorized by the county as an expansion of the primary dwelling to create an attached ADU. • The DADU must be constructed so that exterior material, roof form, window spacing, and proportions approximate those of the primary dwelling, unless the DADU is a manufactured/mobile home. • • The DADU must use the same driveway as the primary dwelling. • The DADU must be sited to prevent loss of agricultural land or forestland. A parcel may not be subdivided for the purposes of avoiding these development regulations. • The comprehensive plan, countywide planning policy, or multicounty planning policy for any county that authorizes development of DADUs under the specified development regulations must be amended, at its next regularly scheduled update, to allow development of DADUs consistent with the specified development regulations. Population growth from the development of DADUs that comply with the specified development regulations may not be counted for the purpose of determining whether a county is achieving rural or urban growth targets contained in a comprehensive plan, countywide planning policy, or multicounty planning policy. The section in the GMA that requires cities and counties to protect agricultural lands of long-term commercial significance may not be interpreted to limit the development of DADUs that comply with the specified development regulations.

HB1445: The Attorney General is authorized to investigate and bring an action against a law enforcement agency of any county, city, town, or political subdivision of the state, or against a local corrections agency for any county, city, or local agency, for a violation of the state Constitution or state law. Specifically, the Attorney General may: investigate violations of the state Constitution and state law, on its own initiative or in response to investigations or reports from independent oversight bodies; • issue written civil investigation demands for documents, oral testimony, and answers to written interrogatories; and • institute civil actions in the courts for injunctive or declaratory relief, damages, costs, and reasonable attorney’s fees. • Conferral Requirements. Before beginning any formal investigative steps, the Attorney General must confer with the United States Department of Justice (DOJ) to ensure law enforcement resources are being used efficiently and that there are no conflicts with any independent investigations by the DOJ. If a local agency is subject to a DOJ investigation, the Attorney General is prohibited from seeking relief or remedies in conflict with the federal action. If an investigation is initiated, the Attorney General must confer with the Office of Independent Investigations to ensure that any investigation under this section will not interfere with or impede an ongoing investigation being conducted by the Office of Independent Investigations. Model Policies. By July 1, 2024, the Attorney General must develop and publish model policies for law enforcement and local correction agency accountability systems, specifying model practices for receiving complaints of serious misconduct, conducting investigations, imposing discipline, and addressing disciplinary appeals. When developing model policies, the Attorney General must consult with the Criminal Justice Training Commission, the Office of Independent Investigations, law enforcement and local corrections agencies, police and local corrections unions, independent oversight bodies, city attorneys and county prosecutors, people impacted by police or local corrections misconduct, experts, and police and jail accountability advocates. Other Provisions. The provisions of this act authorizing the Attorney General to investigate and bring actions against certain law enforcement and corrections agencies must be liberally construed.

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Olympia Watch; Re-sentencing Juvenile Offenders, New Power for AG, Tiny Homes Everywhere and More!