CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
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AN ORDINANCE relating to the City’s criminal code; conforming the Seattle Municipal Code with changes in state law and making technical corrections; adding a new Section 12A.06.095 to the Seattle Municipal Code; amending Sections 3.33.020, 12A.06.187, 12A.06.195, 12A.09.020, 12A.12.040, 12A.14.075, and 12A.14.170 of the Seattle Municipal Code; and repealing Sections 12A.06.045, 12A.08.120, and 12A.08.130 of the Seattle Municipal Code.
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BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. Section 3.33.020 of the Seattle Municipal Code, last amended by Ordinance 125881, is amended as follows:
3.33.020 Jurisdiction—Authority
The Municipal Court has jurisdiction to try violations of all City ordinances and all other actions brought to enforce or recover license penalties or forfeitures declared or given by any such ordinances. It is empowered to forfeit cash bail or bail bonds and issue execution thereon, to hear and determine all causes, civil or criminal, arising under such ordinances, and to pronounce judgment in accordance therewith; provided, that for a violation of the criminal provisions of an ordinance no greater punishment shall be imposed than is authorized by state law. Judges of the Municipal Court shall not defer sentence for an offense sentenced under Section 11.56.025. As authorized by RCW 35.20.255, the period of probation shall not extend for more than five years from the date of conviction for a defendant sentenced under Section 11.56.025 or for a domestic violence crime, which includes any non-felony crime listed in RCW 10.99.020, and the following crimes when committed by one family or household member, as that term is defined in Section ((12A.06.120)) 12A.09.020, against another: Assault, Stalking, and Violation of an Order under Section 12A.09.020, Reckless Endangerment under Section 12A.06.050, Coercion under Section 12A.06.090, Interfering with the Reporting of Domestic Violence under Section 12A.06.187, Property Destruction under Section 12A.08.020, Criminal Trespass First Degree under Section 12A.08.040, and Criminal Trespass Second Degree under Section 12A.08.040; and two years in all other cases. All civil and criminal proceedings in Municipal Court, and judgments rendered therein, shall be subject to review in the Superior Court by writ of review or on appeal. Costs in civil and criminal cases may be taxed as provided by law.
Section 2. Section 12A.06.045 of the Seattle Municipal Code, last amended by Ordinance 126691, is repealed:
((12A.06.045 Cyberstalking
A. A person is guilty of cyberstalking if he or she, without lawful authority and under circumstances not amounting to a felony attempt of another crime:
1. Knowingly and without consent:
a. Installs or monitors an electronic tracking device with the intent to track the location of another person; or
b. Causes an electronic tracking device to be installed, placed, or used with the intent to track the location of another person; and
2.
a. Knows or reasonably should know that knowledge of the installation or monitoring of the tracking device would cause the other person reasonable fear;
b. Has notice that the other person does not want to be contacted or monitored by him or her; or
c. The other person has a protective order in effect protecting him or her from the defendant.
B. It is not a defense to the crime of cyberstalking that the person was not given actual notice that the other person did not want the defendant to contact or monitor him or her. It is not a defense to the crime of cyberstalking that the defendant did not intend to frighten, intimidate, or harass the other person.
C. The provisions of this Section 12A.06.045 do not apply to the installation, placement, or use of an electronic tracking device by any of the following:
1. A law enforcement officer, judicial officer, probation or parole officer, or other public employee when any such person is engaged in the lawful performance of official duties and in accordance with state or federal law;
2. The installation, placement, or use of an electronic tracking device authorized by an order of a municipal, state, or federal court;
3. A legal guardian for a disabled adult or a legally authorized individual or organization designated to provide protective services to a disabled adult when the electronic tracking device is installed, placed, or used to track the location of the disabled adult for which the defendant is a legal guardian or the individual or organization is designated to provide protective services;
4. A parent or legal guardian of a minor when the electronic tracking device is installed, placed, or used to track the location of that minor unless the parent or legal guardian is subject to a court order that orders the parent or legal guardian not to assault, threaten, harass, follow, or contact that minor;
5. An employer, school, or other organization, who owns the device on which the tracking device is installed and provides the device to a person for use in connection with the person's involvement with the employer, school, or other organization and the use of the device is limited to recovering lost or stolen items; or
6. The owner of fleet vehicles, when tracking such vehicles. For the purposes of this Section 12A.06.045, "fleet vehicle" means any of the following:
a. One or more motor vehicles owned by a single entity and operated by employees or agents of the entity for business or government purposes;
b. Motor vehicles held for lease or rental to the general public; or
c. Motor vehicles held for sale, or used as demonstrators, test vehicles, or loaner vehicles, by motor vehicle dealers.))
Section 3. A new Section 12A.06.095 is added to the Seattle Municipal Code as follows:
12A.06.095 Hazing
A. No student, or other person in attendance at any public or private institution of higher education, or any other postsecondary educational institution, may intentionally haze another.
B. As used in this Section 12A.06.095, "hazing" includes any act committed as part of a person's recruitment, initiation, pledging, admission into, or affiliation with a student organization, athletic team, or living group, or any pastime or amusement engaged in with respect to such an organization, athletic team, or living group that causes, or is likely to cause, bodily danger or physical harm, or serious psychological or emotional harm, to any student or other person attending a public or private institution of higher education or other postsecondary educational institution in this City, including causing, directing, coercing, or forcing a person to consume any food, liquid, alcohol, drug, or other substance which subjects the person to risk of such harm, regardless of the person's willingness to participate. "Hazing" does not include customary athletic events or other similar contests or competitions.
C. Hazing is a gross misdemeanor.
Section 4. Section 12A.06.187 of the Seattle Municipal Code, enacted by Ordinance 118107, is amended as follows:
12A.06.187 Interfering with the reporting of domestic violence((.))
A. A person commits the crime of interfering with the reporting of domestic violence if the person:
1. Commits a crime of domestic violence, as defined in Section ((12A.06.120)) 12A.09.020; and
2. Prevents or attempts to prevent the victim of or a witness to that domestic violence from calling a 911 emergency communication system, obtaining medical assistance or making a report to any law enforcement official.
B. Commission of a crime of domestic violence under subsection ((A of this section)) 12A.06.187.A is a necessary element of the crime of interfering with the reporting of domestic violence.
C. Interfering with the reporting of domestic violence is a gross misdemeanor.
Section 5. Section 12A.06.195 of the Seattle Municipal Code, last amended by Ordinance 125881, is amended as follows:
12A.06.195 Court order requiring surrender of firearm, dangerous weapon, or concealed pistol license
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B. When entering an order authorized under Section ((12A.06.130, 12A.06.165, or 12A.06.170)) 12A.09.020 or RCW 7.105.450, 7.105.455, 9A.46.040, 9A.46.050, 9A.46.080, ((or)) 9A.46.085, 10.99.040, or 10.99.050 and upon a showing by either clear and convincing evidence or a preponderance of the evidence, but not by clear and convincing evidence, that a party has used, displayed, or threatened to use a firearm or other dangerous weapon in a felony, that a party has previously committed any offense making the party ineligible to possess a firearm under the provisions of RCW 9.41.040 or that a party's possession of a firearm or other dangerous weapon presents a serious and imminent threat to public health or safety or to the health or safety of any person, the court shall:
1. Require the party to surrender any firearm or other dangerous weapon;
2. Require the party to surrender any concealed pistol license issued under RCW 9.41.070;
3. Prohibit the party from obtaining or possessing a firearm or other dangerous weapon;
4. Prohibit the party from obtaining or possessing a concealed pistol license.
C. During any period of time a person is subject to a court order issued under Section ((12A.06.130, 12A.06.165, or 12A.06.170)) 12A.09.020 or RCW 7.105.450, 7.105.455, 9A.46.040, 9A.46.050, 9A.46.080, ((or)) 9A.46.085, 10.99.040, or 10.99.050 after a hearing of which the person received actual notice and at which the person had an opportunity to participate, that restrains the person from harassing, stalking, or threatening an intimate partner of the person or child of the intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child, that includes a finding that the person represents a credible threat to the physical safety of the intimate partner or child, and, that, by its terms, explicitly prohibits the use, attempted use, or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause bodily injury, the court shall:
1. Require the party to surrender any firearm or other dangerous weapon;
2. Require the party to surrender any concealed pistol license issued under RCW 9.41.070;
3. Prohibit the party from obtaining or possessing a firearm or other dangerous weapon; and
4. Prohibit the party from obtaining or possessing a concealed pistol license.
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Section 6. Section 12A.08.120 of the Seattle Municipal Code, enacted by Ordinance 108567, is repealed:
((12A.08.120 Vehicle Prowling
A person is guilty of vehicle prowling if, with intent to commit a crime against a person or property therein, he enters or remains unlawfully in a vehicle.))
Section 7. Section 12A.08.130 of the Seattle Municipal Code, last amended by Ordinance 122789, is repealed:
((12A.08.130 Criminal impersonation.
A. A person is guilty of criminal impersonation if the person:
1. claims to be a law enforcement officer or creates an impression that he or she is a law enforcement officer, does an act with intent to convey the impression that he or she is acting in an official capacity and a reasonable person would believe the person is a law enforcement officer; or
2. falsely assumes the identity of a veteran or active duty member of the armed forces of the United States with intent to defraud for the purpose of personal gain or to facilitate any unlawful activity.
B. Criminal impersonation is a gross misdemeanor.))
Section 8. Section 12A.09.020 of the Seattle Municipal code, last amended by Ordinance 127056, is amended as follows:
12A.09.020 Adoption of RCW sections
The following RCW sections as amended are adopted by reference:
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7.105.460 – Enforcement and penalties – Extreme risk protection orders – False petitions
9.41.010 – Definitions
9.41.368 – Firearm security and storage – Loss or theft – Owner or other person
9.41.390 – Assault weapons – Manufacturing, importing, distributing, selling prohibited – Exceptions – Penalty
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9A.50.900 – Construction
9A.52.100 – Vehicle prowling in the second degree
9A.60.010 – Definitions
9A.60.045 – Criminal impersonation in the second degree
9A.82.180(1), (2), (3)(a), (4), (7) – Catalytic converters – Marking requirements – Defense
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69.50.4018 – Sentencing considerations (except that these provisions apply to all misdemeanors and gross misdemeanors for public use and possession of a controlled substance)
Chapter 116, Laws of 2025 – Traveling animal acts – Certain animals
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Section 9. Section 12A.12.040 of the Seattle Municipal Code, last amended by Ordinance 123191, is amended as follows:
12A.12.040 Disorderly conduct on buses
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B. As used in this Section 12A.12.040:
1. "Transit station" or "transit facility" means all passenger facilities, structures, stops, shelters, bus zones, properties, and rights-of-way of all kinds that are owned, leased, held, or used by a transit authority for the purpose of providing public transportation services.
2. "Transit vehicle" means any motor vehicle, street car, train, trolley vehicle, ferry boat, or any other device, vessel or vehicle that is owned or operated by a transit authority or an entity providing service on behalf of a transit authority that is used for the purpose of carrying passengers on a regular schedule.
3. "Transit authority" means a city transit system under RCW 35.58.2721 or chapter 35.95A RCW, a county transportation authority under chapter 36.57 RCW, a metropolitan municipal corporation transit system under chapter 36.56 RCW, a public transportation benefit area under chapter 36.57A RCW, an unincorporated transportation benefit area under RCW 36.57.100, a regional transportation authority under chapter 81.112 RCW, the Washington state ferries, or any special purpose district formed to operate a public transportation system.
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Section 10. Section 12A.14.075 of the Seattle Municipal Code, last amended by Ordinance 124301, is amended as follows:
12A.14.075 Unlawful use of weapons to intimidate another
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D. Effective May 1, 2027, a person convicted of unlawful use of weapons to intimidate another shall lose his or her permit to purchase firearms, if any, and the court shall send notice of the conviction to the Washington State Patrol firearms background check program.
Section 11. Section 12A.14.170 of the Seattle Municipal Code, last amended by Ordinance 126691, is amended as follows:
12A.14.170 Weapons prohibited in certain places
A. It is unlawful for any person to enter the following places when he or she knowingly possesses or knowingly has under his or her control a weapon:
1. The restricted access areas of a jail, or of a law enforcement facility, or any place used for the confinement of a person (a) arrested for, charged with, or convicted of an offense((,)) ; (b) held for extradition or as a material witness((,)) ; or (c) otherwise confined pursuant to an order of a court, except an order under ((RCW Chapter)) chapter 13.32A or 13.34 RCW. Restricted access areas do not include common areas of egress or ingress open to the general public;
2. Those areas in any building which are used in connection with court proceedings, including courtrooms, jury rooms, judge's chambers, offices and areas used to conduct court business, waiting areas, and corridors adjacent to areas used in connection with court proceedings. The restricted areas do not include common areas of ingress and egress to the building that is used in connection with court proceedings, when it is possible to protect court areas without restricting ingress and egress to the building. The restricted areas shall be the minimum necessary to fulfill the objective of this subsection 12A.14.170.A.2. For purposes of this subsection 12A.14.170.A.2, "weapon" means any firearm, explosive as defined in RCW 70.74.010, or any weapon of the kind usually known as slung shot, sand club, or metal knuckles, or any knife, dagger, dirk, or other similar weapon that is capable of causing death or bodily injury and is commonly used with the intent to cause death or bodily injury. In addition, the local legislative authority shall provide either a stationary locked box sufficient in size for pistols and key to a weapon owner for weapon storage, or shall designate an official to receive weapons for safekeeping, during the owner's visit to restricted areas of the building. The locked box or designated official shall be located within the same building used in connection with court proceedings. The local legislative authority shall be liable for any negligence causing damage to or loss of a weapon either placed in a locked box or left with an official during the owner's visit to restricted areas of the building. The local judicial authority shall designate and clearly mark those areas where weapons are prohibited, and shall post notices at each entrance to the building of the prohibition against weapons in the restricted areas;
3. The restricted access areas of a public mental health facility certified by the department of social and health services for inpatient hospital care and state institutions for the care of the mentally ill, excluding those facilities solely for evaluation and treatment. Restricted access areas do not include common areas of egress and ingress open to the general public;
4. That portion of an establishment classified by the state liquor control board as off-limits to persons under ((twenty-one ()) 21 (())) years of age; ((or))
5. The restricted access areas of a commercial service airport designated in the airport security plan approved by the federal transportation security administration, including passenger screening checkpoints at or beyond the point at which a passenger initiates the screening process. These areas do not include airport drives, general parking areas and walkways, and shops and areas of the terminal that are outside the screening checkpoints and that are normally open to unscreened passengers or visitors to the airport. Any restricted access area shall be clearly indicated by prominent signs indicating that firearms and other weapons are prohibited in the area ((.)) ;
6. The premises of a library established or maintained pursuant to the authority of chapter 27.12 RCW;
7. The premises of a zoo or aquarium accredited or certified by the Association of Zoos and Aquariums or the Zoological Association of America or a facility with a current signed memorandum of participation with an Association of Zoos and Aquariums Species Survival Plan; or
8. The premises of a transit station or transit facility. For purposes of this subsection 12A.14.170.A.8, "transit station" and "transit facility" have the same meaning as defined in RCW 9.91.025. "Transit station" and "transit facility" do not include any "transit vehicle" as that term is defined in RCW 9.91.025.
B. The perimeter of the premises of any specific location covered by subsection ((A of this section)) 12A.14.170.A shall be posted at reasonable intervals to alert the public as to the existence of any law restricting the possession of firearms on the premises.
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D. Subsections 12A.14.170.A.1, 12A.14.170.A.2, 12A.14.170.A.3, ((and)) 12A.14.170.A.5, 12A.14.170.A.6, 12A.14.170.A.7, and 12A.14.170.A.8 do not apply to correctional personnel or community corrections officers, as long as they are employed as such, who have completed government-sponsored law enforcement firearms training, except that subsection 12A.14.170.A.2 does apply to a correctional employee or community corrections officer who is present at a courthouse building as a party to an antiharassment protection order action or a domestic violence protection order action under chapter 7.105 or 10.99 RCW, or an action under Title 26 RCW where any party has alleged the existence of domestic violence as defined in RCW 7.105.010.
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Section 12. This ordinance shall take effect as provided by Seattle Municipal Code Sections 1.04.020 and 1.04.070.
Passed by the City Council the ________ day of _________________________, 2025, and signed by me in open session in authentication of its passage this ________ day of _________________________, 2025.
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President ____________ of the City Council
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Approved / |
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returned unsigned / |
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vetoed this _____ day of _________________, 2025. |
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Bruce A. Harrell, Mayor
Filed by me this ________ day of _________________________, 2025.
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Scheereen Dedman, City Clerk
(Seal)