CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
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AN ORDINANCE relating to the City’s criminal code; amending Section 12A.09.020 of the Seattle Municipal Code to adopt the Revised Code of Washington offense Interference with Health Care Facilities or Providers.
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BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
WHEREAS, in 1991, the people of Washington initiated the Reproductive Privacy Act, which affirms the fundamental right of persons in Washington State to privacy with respect to personal reproductive decisions and proscribes the authority of the state to deny or interfere with a “pregnant individual’s right to choose or refuse to have an abortion”; and
WHEREAS, in 1993 the legislature codified Chapter 9A.50, Interference with Health Care Facilities or Providers, in the Revised Code of Washington (RCW); and
WHEREAS, Chapter 9A.50 RCW finds that “seeking or obtaining health care is fundamental to public health and safety” and creates criminal penalties for persons who interfere with access to health care facilities; and
WHEREAS, on June 24, 2022, the U.S. Supreme Court issued a decision in Dobbs v. Jackson Women’s Health Organization (No. 19-1392) overruling the constitutional right to an abortion established by Roe v. Wade, 410 U.S. 113, and Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833, and repudiating a constitutional right to privacy; and
WHEREAS, The New York Times estimates that after the Dobbs decision, with current and likely trigger laws banning abortions in up to 24 states, as many as 17 million persons capable of being pregnant would not have access to local abortion services; and
WHEREAS, reproductive health organizations estimate that, after Dobbs, Washington State will see an increase in persons traveling to the state to seek abortion services; and
WHEREAS, the City has an interest in ensuring public health and safety and protecting the privacy interests and personal safety of Seattle residents and persons who travel to Seattle to seek health care services not offered in their state, such as abortion services and gender-affirming care; and
WHEREAS, adopting Chapter 9A.50 RCW into the Seattle Criminal Code will authorize the City Attorney to prosecute the offense in Seattle Municipal Court; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. Section 12A.09.020 of the Seattle Municipal Code, last amended by the ordinance introduced as Council Bill 120363, is amended as follows:
12A.09.020 Adoption of RCW sections
The following RCW sections as amended are adopted by reference:
7.105.010 - Definitions
7.105.450 - Enforcement and penalties - Other than antiharassment protection orders and extreme risk protection orders
7.105.455 - Enforcement and penalties - Antiharassment protection orders
7.105.460 - Enforcement and penalties - Extreme risk protection orders - False petitions
9.68A.090 - Communication with minor for immoral purposes - Penalties
9.94A.030’s definition of “Domestic violence”
9.94A.835 - Special allegation - Sexual motivation - Procedures
9A.36.041 - Assault in the fourth degree
9A.46.020 - Definition - Penalties (Harassment)
9A.46.030 - Place where committed
9A.46.040 - Court-ordered requirements upon person charged with crime - Violation
9A.46.050 - Arraignment - No-contact order
9A.46.080 - Order restricting contact - Violation
9A.46.085 - Stalking no-contact orders - Appearance before magistrate required
9A.46.110 - Stalking
9A.50.010 - Definitions
9A.50.020 - Interference with health care facility
9A.50.030 - Penalty
9A.50.040(1) - Civil remedies
9A.50.050 - Civil damages
9A.50.060 - Informational picketing
9A.50.070 - Protection of health care patients and providers
9A.50.900 - Construction
9A.88.010 - Indecent exposure
9A.88.110 - Patronizing a prostitute
9A.88.130 - Additional requirements
10.99.010 - Intent
10.99.020 - Definitions
10.99.030 - Law Enforcement Officers - Training, powers, duties - Domestic violence reports
10.99.040 - Duties of court
10.99.055 - Enforcement of orders
10.99.100 - Sentencing - Factors - Defendant’s criminal history
10.99.901 - Construction
26.44.063 - Temporary restraining order or preliminary injunction - Enforcement - Notice of modification or termination of restraining order
26.44.067 - Temporary restraining order or preliminary injunction - Contents - Notice - Noncompliance - Defense - Penalty
43.43.754’s crime of refusal to provide DNA
As used in this Title 12A, as well as in any citation, order, complaint, or charging documents, “sexual exploitation” means the crime of patronizing a prostitute as referred to in RCW 9A.88.110, and the crime of patronizing a prostitute as referred to in RCW 9A.88.110 and incorporated by reference in this Section 12A.09.020 may be known as “sexual exploitation” when charged in Seattle Municipal Court.
Section 2. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of its application to any person or circumstance, does not affect the validity of the remainder of this ordinance or the validity of its application to other persons or circumstances.
Section 3. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten 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 _________________________, 2022, and signed by me in open session in authentication of its passage this _____ day of _________________________, 2022.
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President ____________ of the City Council
Approved / returned unsigned / vetoed this _____ day of _________________, 2022.
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Bruce A. Harrell, Mayor
Filed by me this ________ day of _________________________, 2022.
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Monica Martinez Simmons, City Clerk
(Seal)
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