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Padden believes drug-possession bill passed by Legislature not strong enough to deal with state’s drug crisis

During a one-day special session today, the Legislature approved a bill enhancing penalties for possession of hard drugs, but 4th District Sen. Mike Padden was among the “no” votes in the Senate.

Padden, the ranking Republican on the Senate Law and Justice Committee, believes the compromise version of Senate Bill 5536 is not strong enough to get drug offenders into and through treatment. That version was finalized by Senate and House negotiators yesterday after weeks of talks following the April 23 conclusion of the regular session.

“Although the bill passed by the Legislature today is an improvement over the terrible law that was passed in 2021 after the Supreme Court’s Blake ruling, I don’t think this ‘Blake fix’ really fixes our state’s growing problem with hard drugs,” said Padden, R-Spokane Valley. He noted Washington ranks very high nationally in fentanyl-overdose deaths per capita, and King County so far this year already has more drug-overdose deaths (524 as of May 15) than it did in all of 2020 (508).

“In order for drug offenders to really feel compelled to seek treatment and stay with it, we need to make it a felony again to possess the most dangerous drugs like fentanyl, meth and heroin. The threat of a felony conviction is more likely to persuade a drug offender to undergo treatment than a gross misdemeanor. While I’m glad we were able to pass some sort of law to increase penalties for these drugs, it doesn’t go far enough to be truly effective,” added Padden.

Under the proposal approved by the Legislature, people convicted for the first or second time for drug possession or public use after July 1 would face a penalty of up to 180 days in jail and up to $1,000 fine. For a third conviction, they would face up to 364 days in jail.

“The punishment under this bill is basically a hybrid between a gross misdemeanor and a misdemeanor. I don’t think that level of punishment will be an effective deterrent for drug offenders,” said Padden.

The compromise version of SB 5536 passed by the Legislature today can be viewed here. The measure now goes to Gov. Jay Inslee.

In February 2021, in the state Supreme Court’s decision in State v. Blake, justices ruled Washington’s felony drug-possession statute was unconstitutional because it criminalized possession even when a person did not knowingly have drugs. However, the Blake ruling did not lower the criminal penalty for illegally possessing hard drugs from a felony to a misdemeanor.

After the Blake decision, the Democrat-led Legislature in 2021 responded with a law that did reduce the criminal penalty for illegally possessing hard drugs from a felony to a misdemeanor. This law expires on July 1.

As a result of the expiring law, the Legislature this year needed to pass a new drug-possession law (known by some as the “Blake fix”) or else hard drugs literally would be legal in Washington. Without a new state law clarifying the penalties for possessing certain drugs, it is possible that cities and counties would have enacted their own drug-possession laws, creating inconsistent drug laws in which one city could have tough penalties on possession while a nearby city might not have any penalty at all. Some cities, like Everett, already have passed drug-possession ordinances in recent weeks.

Under SB 5536 as passed by the Legislature, cities and counties could make their own laws and ordinances to regulate harm-reduction services related to drug paraphernalia.

Padden bill to increase penalty for drug possession receives committee hearing

The Senate Law and Justice Committee held a public hearing today on a bill introduced by 4th District Sen. Mike Padden that aims to reverse the alarming trend in fentanyl use and fentanyl-related deaths in Washington.

Padden’s measure, Senate Bill 5035, would make possession or use of illegal drugs like fentanyl, methamphetamine and heroin a class C felony, with opportunities for drug court participation.

“In 2021 the Democrat majority in the Senate passed Senate Bill 5476, which de facto decriminalized possession of hard drugs, such as fentanyl, meth and heroin,” said Padden, R-Spokane Valley. “It’s no wonder fatal drug overdoses are hitting record numbers in Washington. The Democrats’ law that decriminalized drugs has been an absolute and costly failure. We need to fix this crisis, and Senate Bill 5035 would help us do that, including a chance for offenders to go into drug diversion programs.”

SB 5035 is one of several proposals heard by the Senate Law and Justice Committee today that seek to provide a new legislative response to the state Supreme Court’s February 2021 decision in State v. Blake. The justices ruled Washington’s felony drug-possession statute was unconstitutional because it criminalized possession even when a person did not knowingly have drugs. SB 5476, which was passed by the Legislature two months after the high court handed down its decision, is a temporary fix that expires this summer.

“There is general agreement that the action taken by the Legislature in response to Blake did not work. Senate Bill 5476 expires this year, so we need to take new action this session. We need the proper leverage to get those people into treatment. A misdemeanor charge won’t compel them to get into treatment as much as a felony charge,” said Padden.

SB 5035 is scheduled to receive a vote in the Law and Justice Committee on Thursday.

According to the state Department of Health, 2,264 people in Washington died of a drug-related overdose in 2021, compared to 1,731 drug-overdose deaths in the state in 2020 and 1,259 in 2019.

Spokane resident Molly Cain signed up in support of SB 5035. Cain testified on Feb. 1 during the U.S. House Energy and Commerce Committee’s Health Subcommittee legislative hearing on the fentanyl crisis. Part of Cain’s congressional testimony can be viewed here. Cain’s son, Carson, died of a fentanyl poisoning in 2020 at age 23.

Senate Republicans unveil trio of bills to improve public safety

Two members of the Senate Republican Caucus have prefiled bills for the 2023 legislative session that aim to reverse recent criminal-friendly laws passed by Democratic majorities.

“One of our main goals this session is to advance bills that will help make people and communities safer in our state,” said Sen. Mike Padden, R-Spokane Valley, who is ranking Republican on the Senate Law and Justice Committee and was a Spokane County District Court judge from March 1995 until January 2007. “Unfortunately, thanks in large part to harmful laws passed by our Democratic colleagues, many people throughout Washington are feeling less safe in recent years. They have every right to expect the Legislature to take action to reverse this alarming increase in crime.”

The three key public-safety proposals introduced by Padden and a Senate Republican colleague include:

Senate Bill 5034, prime-sponsored by Padden, would change state law to again make it easier for law-enforcement officers to pursue suspects in vehicles. In 2021, the Legislature changed the legal standard required for officers to engage in vehicular pursuits, limiting law enforcement’s ability to pursue and detain suspects.

“It’s no coincidence that crime has dramatically increased since this law was passed because it has severely restricted law-enforcement officers from pursuing suspects. Until we make it easier for officers to do their job, we’ll continue to see this spike in crime. Communities deserve better,” said Padden.

Senate Bill 5035, introduced by Padden, would make possession or use of illegal drugs like fentanyl, methamphetamine and heroin a class C felony with diversion opportunities and drug court.

“In 2021 the Democratic majorities in the Legislature passed SB 5476, which reduced the penalty for drug possession to an unenforceable misdemeanor that does not effectively utilize data-supported drug court programs. It’s no wonder fatal drug overdoses are expected to hit record numbers in Washington this year. The Democrats’ law that decriminalized drugs has been an absolute and costly failure,” said Padden.

Senate Bill 5011, prefiled by Sen. Lynda Wilson, R-Vancouver, supports her recent vow to restore second-degree robbery to the list of offenses counted as a strike under Washington’s voter-approved “three-strikes” law. Majority Democrats had dropped that crime from the list in 2019, then applied the change retroactively in 2021 – which allowed Clark County child-rapist and murderer Roy Wayne Russell, Jr. to evade the mandatory life-without-parole sentence that comes with a third “strike.”

“There are more on the lifer list who could be resentenced and walk free someday. It’s as though the majority did this with no regard for the victims’ families,” said Wilson. “We need laws that are fair to victims, and this mistake needs to be fixed. I hope those who thought weakening the law was a good idea will recognize the error they made and join us to correct it.”

The 2023 legislative session is scheduled to begin on Jan. 9 and end on April 23.