CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
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AN ORDINANCE relating to the City's criminal code; conforming the Seattle Municipal Code to state law for crimes that require the submission of biological samples to the State of Washington; making technical corrections; adding a new Chapter 12A.09 to the Seattle Municipal Code; amending Sections 3.33.020, 12A.04.100, 12A.06.030, 12A.06.130, 12A.06.155, 12A.06.195, and 12A.10.070 of the Seattle Municipal Code; and repealing Sections 12A.06.010, 12A.06.035, 12A.06.040, 12A.06.180, 12A.10.040, 12A.10.130, and 12A.10.140 of the Seattle Municipal Code.
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WHEREAS, in 2008, the Washington Legislature enacted HB 2713, amending RCW 43.43.754 and providing for the collection of DNA samples from defendants convicted of certain misdemeanors; and
WHEREAS, in 2008, the Seattle City Council passed Ordinance 122789, providing for the collection of DNA from Seattle Municipal Court defendants convicted of Seattle misdemeanors equivalent to those listed in RCW 43.43.754(1); and
WHEREAS, in 2014, the Washington State Patrol's Crime Lab stopped accepting DNA samples taken from Seattle Municipal Court defendants on the grounds that they were not convicted of the state law misdemeanors listed in RCW 43.43.754(1); and
WHEREAS, on March 18, 2019, the Washington Attorney General's Office sent Representative Tina Orwall an opinion letter stating that DNA samples taken from municipal court defendants could be submitted Washington State Patrol's Crime Lab if the defendants were convicted under municipal code provisions that incorporate by reference state law misdemeanors listed in RCW 43.43.754(1); and
WHEREAS, this ordinance satisfies the requirements of the Attorney General's Office's March 18, 2019 opinion letter by incorporating by reference the misdemeanors listed in RCW 43.43.754(1) that are currently misdemeanor offenses under the Seattle Municipal Code;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY ...
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