Tag Archives: Senate Law and Justice Committee

Padden applauds Senate’s passage of initiative restoring police pursuits

The Senate’s 36-13 passage today of Initiative 2113, which would restore police pursuits in Washington, is a major step toward making Washington communities safer, said 4th District Sen. Mike Padden.

Padden, the Republican leader on the Senate Law and Justice Committee, said I-2113 would help reverse the growing crime problem in Washington.

“Among the many problems plaguing Washington now, crime is perhaps the greatest concern for citizens and communities throughout our state,” said Padden, R-Spokane Valley. “In fact, we have reached a crisis point in our state because of skyrocketing crime.

“Thanks to recent state laws that restrict law-enforcement officers and weaken public safety, criminals have become more emboldened. They are acting in a more brazen manner as they commit crimes. The result is many people throughout Washington have been victims of auto theft, retail theft, burglary and other property crimes. Making matters worse, many auto thieves use their stolen vehicles to smash into ‘pot shops’ to steal cash, or they use these cars as battering rams to break into other stores to steal merchandise.

“The crime spike here in Washington has a strong connection to a recent law enacted by majority Democrats that placed tight limits on when law-enforcement officers can engage in vehicle pursuits of suspects. Fortunately, if and when Initiative 2113 is enacted by the Legislature and becomes law in early June, law-enforcement officers will once again be able to pursue suspects instead of helplessly watching them drive away,” added Padden.

According to the Washington State Patrol, between 2014 and 2020 an average of 1,200 suspects per year fled from police. In 2022, after the pursuit standard was changed to probable cause, 3,100 suspects fled — an increase of more than 150%. Before the change in the pursuit law, the statewide record for stolen cars in a single year was 30,000. That record increased to nearly 47,000 stolen vehicles in 2022. Washington is now fourth in the U.S. for auto thefts per capita.

“It’s not only the owner of the vehicle that suffers as the victim, it’s all the crimes that are committed with these stolen vehicles. Some of these crimes have led to the deaths of our citizens,” said Padden during his floor speech in favor of the initiative.

Padden said many sheriffs and police chiefs throughout Washington have voiced their frustration about the tighter pursuit restrictions, to little avail. The senator added that the Legislature last year passed a law restoring some ability for law-enforcement officers to pursue suspects, but it still is far short of the pre-2021 police-pursuit policy.

“We can take a major step right here, right now, to protect public safety, to protect our citizens and our constituents. It isn’t going to solve all of our problems, but it’s going to go a long way to make law enforcement better able to do their jobs,” Padden told senators during his floor speech.

All 20 Senate Republicans were joined by 16 Democrats in voting for I-2113 today.

“It was encouraging to see most of our Democratic colleagues join us in voting for this important initiative. I’m hopeful we’ll see an equally strong bipartisan vote in favor of I-2113 when the House considers it,” said Padden, R-Spokane Valley.

The House of Representatives is expected to vote on I-2113 later today. If the Legislature approves I-2113, it would go into effect June 6.

When the Senate Law and Justice Committee and the House Community Safety, Justice, and Reentry Committee held a joint public hearing on I-2113 last week, 5,961 people signed up to testify, either in person or via written testimony. Of that total, 5,752 (96.49%) supported the initiative.

“The overwhelming majority of people who signed up in favor of I-2113 is a very clear sign that Washingtonians want to see police pursuits restored. They want safer communities instead of rising crime and lawlessness,” said Padden.

The 2024 legislative session is scheduled to end Thursday.

 

For fourth straight year, Senate passes Padden bill to combat impaired driving

With traffic deaths in Washington reaching their highest point in over 30 years, the Senate today again approved an anti-impaired driving bill sponsored by 4th District Sen. Mike Padden. It is the fourth straight year the Senate has passed such a measure.

Senate Bill 5032, which was passed 43-5, would expand the period for reviewing prior convictions of impaired driving to 15 years, from the 10 years now in state law, when determining whether a new offense of impaired driving is charged as a felony. The proposal would increase the penalty from a gross misdemeanor to a felony offense for any person who has three or more prior DUI offenses within that “lookback” period.

“Washington has seen a significant increase in traffic deaths over the past few years. Drunk driving and drug-impaired driving, especially by repeat offenders, are two leading causes,” said Padden, R-Spokane Valley. “This bill tries to remove the most dangerous drivers from our roads and highways and into treatment or being accountable by the state criminal justice system.”

During his floor speech in support of the bill, Padden said it tries to address a crisis on Washington roads and highways.

“So many repeat impaired offenders are the ones who have vehicular homicides, vehicular assaults, and they are causing havoc on our roadways for innocent victims,” Padden told senators. “The numbers have gone up so much, especially on the alcohol/drug combination impaired driving. In 2023, there were over 800 deaths on Washington roadways.

“This bill has a good balance – strong on treatment but also strong on accountability,” added Padden.

Before the Senate approved SB 5032, Padden successfully added a floor amendment that permits a person who participates in a deferred prosecution for a first gross misdemeanor driving under the influence (DUI) or physical control of a vehicle under the influence (PC) charge to participate in a second deferred prosecution on a person’s next DUI under very strict sideboards.

Noting how tomorrow is Groundhog Day, Padden said the response to his bill is reminiscent of the motion picture “Groundhog Day,” in which the lead character repeatedly relives the same day.

“In 2021, the Senate approves the bill – and the House lets it die. In 2022, and again this past year, the Senate approves the bill – and the House lets it die. We’ve seen this movie enough, and it’s doing nothing to make Washington safer.”

Padden, the Republican leader on the Senate Law and Justice Committee, said many traffic fatalities in the state involve drivers who have had as many as eight DUI offenses, but the current 10-year lookback period is not long enough to allow the state to impose stronger punishment against such offenders.

“Repeat impaired-driving offenders commit most of the vehicular homicides and vehicular assaults in Washington. This bill tries to prevent those horrible and senseless crimes,” said Padden, a former Spokane County district court judge. SB 5032 would give offenders a chance to undergo a highly structured treatment program, he added.

According to the Washington Traffic Safety Commission, there were 740 traffic deaths in the state in 2022 (the highest in over 30 years), including 389 fatalities involving drug- or alcohol-impaired driving. There were 674 traffic deaths in 2021, including 345 fatalities involving impaired driving. In 2020, Washington had 574 traffic fatalities, including 282 involving impaired driving.

Senate committee passes another Padden bill removing red tape from construction of smaller condominiums

In 2023 the Legislature unanimously approved a bill from 4th District Sen. Mike Padden that helps encourage home ownership in Washington by making it easier for smaller condominium buildings to be constructed.

During this year’s legislative session, Padden has introduced a similar condo-construction proposal. The bipartisan measure was approved yesterday by the Senate Law and Justice Committee.

Senate Bill 5792 would exclude buildings with 12 or fewer units that are no more than three stories high from the definition of “multiunit residential building” if one story is utilized for above- or below-ground parking or retail space.

“This legislation builds on last year’s new law that supports our state’s efforts to have more housing options for Washington’s middle class,” said Padden, R-Spokane Valley. “Condominiums offer an affordable path to homeownership for first-time homebuyers.”

Those who testified in favor of SB 5792 before the panel included Spokane Valley City Council member Rod Higgins, Spokane City Council President Betsy Wilkerson, Greenstone Corporation’s Jim Frank and officials from the Washington Realtors Association and the Building Industry Association of Washington.

SB 5792 is expected to be sent to the Senate Rules Committee, the final hurdle before a bill reaches the Senate floor.

The law created last year by Padden’s Senate Bill 5058 exempts buildings with 12 or fewer units that are no more than two stories high from the definition of “multiunit residential building.”

Padden said the combination of that law and this year’s new bill should result in more homeownership in the state.

“Washington has one of the lower homeownership rates in the nation, and both policies can help our state address this problem,” said Padden. “These smaller condominiums would still have the same building requirements that a townhouse or single-family house would have,” added Padden.

“Taxpayer Town Hall” coming October 17 with Treasurer Baumgartner

Note: The following e-newsletter was sent to Sen. Padden’s subscribers October 12, 2023. To subscribe to Sen. Padden’s newsletter, click here.

Dear friends and neighbors,

The public is invited to an upcoming “Taxpayer Town Hall” hosted by Spokane County Treasurer Michael Baumgartner and myself. It takes place this coming Tuesday, October 17, from 6 to 7 p.m. at the CenterPlace Regional Event Center in Spokane Valley.

Topics to be covered include issues affecting 2024 property taxes and policy proposals surrounding the exemptions for seniors and people with disabilities. There will be opportunities to ask questions.

We hope to see you and others there!

If you have questions about how to participate in state government this year or thoughts to share on anything in this e-newsletter, please give me a call or send me an email.

Thank you, as always, for the honor of serving as your state senator!

Best Regards,

Senator Mike Padden

Senate Law and Justice Committee meets in Spokane

It was good to welcome Senate Law and Justice Committee colleagues to Spokane, including four fellow Republicans. In the foreground is 15th District Senator Nikki Torres, R-Pasco. In the background (from left to right) are 39th District Senator Keith Wagoner, R-Sedro-Woolley; 17th District Senator Lynda Wilson, R-Vancouver; Senator Padden; and Senate Republican Caucus staff attorney Saundra Richartz.  

While it doesn’t happen often, legislative committees occasionally hold meetings and work sessions in communities outside of Olympia. Doing so allows lawmakers on these panels to see other parts of the state and meet with constituents and stakeholders who are unable to travel to the Capitol.

That was the case when the Senate Law and Justice Committee met October 2 at Washington State University’s Riverpoint campus in Spokane. Go here to view the agenda. As its ranking Republican, I was glad to welcome the other committee members to Spokane. Go here to view a video of the meeting.

Wagstaff named manufacturing company of the year by Valley Chamber

As noted in the next story below, Wagstaff Inc. was one of the local manufacturing companies that the Association of Washington Business Manufacturing Week tour visited last week. The Spokane Valley Chamber of Commerce recently announced that it had awarded Wagstaff its 2023 Manufacturing Excellence Award For Manufacturer Of The Year. According to the chamber, the award recognizes a manufacturer committed to business excellence and has found creative solutions to challenges that enhance the industry.

AWB’s manufacturing tour stops in Spokane

Honeywell’s Lou Broughton shows others, including Senator Padden, part of the company’s facility. (Photo courtesy of Association of Washington Business.)

Manufacturing is an important part of Washington’s economy, one that should be a higher priority for some state and legislative leaders. Every year a key business organization based in Olympia does a very good job of highlighting the importance of manufacturing to our state.

The Association of Washington Business is wrapping up its annual Manufacturing Week tour across the state this week. The tour, which began October 4, stopped in Spokane last Thursday. I joined AWB officials and others at some manufacturing companies in the Spokane Valley area, including Honeywell and Wagstaff. (A few local companies were among the sponsors of the Unlock Your Future event at the HUB that attracted about 1,400 middle school students in the Spokane area. The Unlock Your Future student handbook can be viewed here.)

While the tour was in Spokane last week, AWB President Kris Johnson delivered a State of Manufacturing address. AWB’s report on Johnson’s address, which can be viewed here, shares several interesting statistics:

  • Manufacturing employs nearly 270,000 Washington residents, which is 8% of the state’s workforce.
  • There are more than 6,400 manufacturing companies, including 577 in Spokane County, which has more than 16,000 people in manufacturing careers.
  • There are 24 counties in Washington with at least 1,000 manufacturing workers, and five counties with more than 10,000 workers.

Transportation Committee discusses traffic safety proposal

On Monday, I was in Olympia to attend the Senate Transportation Committee’s meeting. The committee agenda can be viewed here.

Part of the meeting focused on a proposal that I have championed in recent years – using roadside oral fluid testing to better determine if a driver is impaired by certain drugs, including cannabis, cocaine, amphetamines, methamphetamines, opioids and benzodiazepines.

During the committee’s discussion on this issue, traffic safety analyst Chuck DeWeese presented on roadside oral fluid testing in more detail. His presentation can be viewed here. Chris Kirby, an official with the Indiana Criminal Justice Institute, then told committee members about his state’s oral fluid program. A PowerPoint presentation on the Indiana program can be seen here.

A video of the two presentations on roadside oral fluid testing can be seen here.

Retail theft continues to plague Washington

Several types of crime have worsened here in Washington, due largely to a 2021 law that makes it harder for law-enforcement officers to pursue and arrest suspects, and in turn makes it easier for criminals to break laws without fear of being arrested. Another reason for the crime increase is the low number of law-enforcement officers in Washington compared to other states.

One crime that particularly hurts businesses, workers and consumers alike in Washington is retail theft, which also is a national crime problem.

Retail theft has gotten so bad that Target is closing two of its stores in our state’s largest city. Go here to read a recent Seattle Times story on how the closures of those stores in Seattle will affect 90 employees. Target has said the employees will be able to transfer to other locations.

The Times article pointed out that retailers nationwide are being forced to contend with shoplifting causing a loss of inventory, or “shrinkage.” According to a recent study by the National Retail Federation, shrinkage for total retail sales in 2022 reached $112.1 billion, up from $93.9 billion in losses in 2021.

The Washington Retail Association said theft costs businesses $2.7 billion a year statewide.

Washington’s Capitol Building in the fall.

This is not a new issue for our Legislature. A year ago the Senate Labor and Commerce Committee dedicated a work session to retail theft, and the state Attorney General’s Office presented data which can be seen here. The presentation noted how organized retail theft is a growing problem in many communities. Because of the increase in retail thefts, stores are forced to raise prices, which hurts consumers.

Things have become so bad for retailers that the Washington Retail Association, which represents grocers and retailers across the state, created a crisis planning guide for retailers specifically to address rising crime in the state. Basically, the state’s retail association had to help stores figure how to navigate retail theft since the state hadn’t provided enough help to solve this problem.

It is time for the Legislature to place more attention on this crime issue.

Newspaper story on opening of Liberty Lake’s Lud Kramer Bridge

Bicyclists ride across the Lud Kramer Bridge soon after it opened. (Photo courtesy of Washington State Department of Transportation.)

In case you missed it, the Spokane Valley Herald did a recent story on the official opening of the Lud Kramer Bridge. You can read the story here.

Contact us!

If you have a question or concern about state government, please do not hesitate to contact our office. During the interim we are conducting business from our district office in Spokane Valley. We are here to serve you!

Phone: (509) 921-2460

Email address: Mike.Padden@leg.wa.gov

PLEASE NOTE: Any email or documents you provide to this office may be subject to disclosure under RCW 42.56. If you would prefer to communicate by phone, please contact Sen. Padden’s Olympia office at (360) 786-7606.

To request public records from Sen. Padden, please contact Randi Stratton, the designated public records officer for the Secretary of the Senate and Senate members.

Governor signs Padden bill raising penalties for sexually abusive jail guards

Note: The following e-newsletter was sent to Sen. Padden’s subscribers March 30, 2023. To subscribe to Sen. Padden’s newsletter, click here.

Dear friends and neighbors,

I am pleased that my public safety bill that imposes longer sentences on sexually abusive jail and prison guards was signed today by Governor Inslee after being unanimously approved by both the Senate and House this session.

The law created by Senate Bill 5033 reclassifies the crime of first-degree custodial sexual misconduct (in which the corrections officer has sexually assaulted the victim), now a Class C felony, to a Class B felony with a seriousness level of VII. That calls for an initial sentence of 15 to 20 months and a high-end sentence between 7.25 years and 9.6 years. The new law, which will take effect in late July, also reclassifies second-degree custodial sexual misconduct (in which the corrections officer has sexual contact with the victim) from a gross misdemeanor to a Class C felony with a seriousness level of V, which would bring a sentencing range of six to 12 months for those with the lowest offender score and a range of six to eight years for offenders with the highest offender score. The grid is based on the criminal history and the serious level of the crime.

Senator Padden and others join Governor Inslee as he signs Senate Bill 5033 today.

Officers who work in jails and state correctional facilities are part of the law-enforcement community just as much as the officers who patrol our communities and investigate crimes. Like all the people we entrust to administer justice, corrections officers must be held to a high standard, especially considering the unique level of authority they have over people in custody.

SB 5033 was inspired by a KING-TV investigation about a Clallam County jail guard, John Gray, who served just over a year in prison after sexually assaulting four women.

When the bill was being considered by the Senate Law and Justice Committee early this session, it was named “Kimberly Bender’s law,” in honor of the 23-year-old Quileute woman who died by suicide in her Forks jail cell in 2019 after reporting to city officials that Gray sexually harassed her. Bender’s mother, Dawn Reid, asked me to name the bill after her daughter.

Gray was convicted in 2021 of two felony and two misdemeanor counts of custodial sexual misconduct and served 13 months of his 20-month sentence.

This newsletter covers several other issues and events happening in Olympia in this past week.

If you have questions about how to participate in state government this year or thoughts to share on anything in this e-newsletter, please give me a call or send me an email.

Thank you, as always, for the honor of serving as your state senator!

Best Regards,

Senator Mike Padden

Senate passes flawed operating budget

Another key point of this year’s legislative session was reached when the Senate yesterday voted 40-9 to pass its new state operating budget for the upcoming 2023-25 biennium, which begins July 1.

While the Senate’s spending plan has some positive qualities, including funding to combat drunk driving and funding for two of my bills – Senate Bill 5218 and Senate Bill 5096 – I voted “no” on the budget for a number of reasons. Here are three important ones.

The first is because this budget provides $15 million over the next two years for abortion care, including more than $730,000 for “outreach, patient navigation, and staffing” at the Department of Health. This large amount of money is for the governor’s program to bring women to Washington from states that have abortion restrictions. It is incredibly wrong to use taxpayer dollars to make Washington an “abortion destination state.”

One of the lower Snake River dams in southeastern Washington.

Second, the Senate operating budget includes $500,000 in one-time funding for yet another study involving the four lower Snake River dams. This study, to be conducted by the state Department of Ecology, would look at the actions needed to “continue water use for irrigation during drawdown related to potential lower Snake River dam removal and thereafter of a natural flowing river.” These duplicative studies are a waste of taxpayer dollars. I share the strong belief of many eastern Washington legislators and eastern Washington’s congressional delegation that the four Snake River dams in our state should not be breached.

My third reason for opposing this budget is because it does not provide property-tax relief. Many Washingtonians are being taxed out of their homes, and some property tax relief, which the state can afford, would greatly help many homeowners. When Sen. Lynda Wilson, the ranking Republican on the Senate Ways and Means Committee, unveiled her Republican budget proposal two years ago, her plan included property-tax relief. It’s unfortunate this year’s Senate budget won’t provide it.

More information about the Senate operating budget, Senate Bill 5187.

House Democrats released their own operating budget plan on Monday. The House is expected to vote on its own two-year spending plan sometime next week.

Despite Republican opposition, Senate committee passes bills that would weaken Second Amendment rights

This legislative session, a few Democrat-sponsored bills aiming to erode Second Amendment rights have made their way through the Legislature. On Tuesday, the Senate Law and Justice Committee passed two of these measures, despite strong opposition by my Republican colleagues and myself.

One of the proposals, House Bill 1240, would ban the sale or purchase in our state of modern sporting rifles, or “assault weapons,” as Democrats prefer to call them. The measure was passed along party lines. Before that vote was taken, other Republicans and I offered 17 amendments to improve the bill or limit its negative impact, but all were defeated. Like many others, I oppose this bill because it would ban the purchase of some of the most commonly owned and lawfully possessed sporting firearms, including some shotguns and pistols. Many people possess semiautomatic firearms for self-defense, and certainly for hunting. If it becomes law, this proposal will be challenged in court and likely will be ruled unconstitutional.

The other gun measure passed by the committee’s Democratic majority is House Bill 1143, which would prohibit an individual from buying a firearm from a dealer until the buyer has passed a background check and has completed a firearm-safety training program. As opponents argued during testimony before the committee, this bill would restrict access to firearms and won’t address the root causes of crimes committed by individuals with a firearm. It infringes on the rights of Washingtonians to own a firearm. My Republican colleagues and I offered six amendments, but all were rejected.

When the two bills received public hearings in the Law and Justice Committee, a large number of people testified against them, with 37 speaking against HB 1143 and 107 against HB 1240. Both bills likely are now headed to the floor for a full Senate vote.

DUI ‘lookback’ proposal still moving, as part of other drunk-driving proposal

Earlier this session, the Senate voted 48-1 to pass Senate Bill 5032, my proposal to help combat drunk driving.

SB 5032 would expand the period for reviewing prior convictions of impaired driving to 15 years, from the 10 years now in state law, when determining whether a new offense of impaired driving is charged as a felony. Under the proposal, any person who has three or more prior DUI offenses within that 15-year lookback period would face a felony, rather than the current penalty of a gross misdemeanor. Furthermore, SB 5032 would give offenders a chance to undergo a highly structured treatment program.

Our state has seen too many accidents and fatalities caused by drunk and drug-impaired drivers, especially repeat offenders. This bill could help reduce traffic deaths.

While it would have been preferable to pass SB 5032 as a stand-alone measure, I’m pleased that it is continuing to move forward this year as part of another proposal to combat drunk driving.

The Senate Law and Justice Committee recently passed House Bill 1493, which would make several changes to the state’s impaired-driving laws. Before doing so, the committee incorporated the SB 5032 language. The good policy in SB 5032 remains alive as part of HB 1493.

Concerns over land-use bill in Senate

One of the many House bills still being considered by the Senate this session is House Bill 1110, which would require certain cities planning under the state’s Growth Management Act to authorize minimum development densities on lots zoned predominately for residential use.

If HB 1110 reaches the Senate floor, I will vote against it. There are a few reasons why I have concerns with this bill. This is an issue that should be addressed by locals, not the state. This legislation takes away local control on land-use decisions from the cities of Spokane Valley, Liberty Lake and Millwood. It gives the decision-making power to Olympia. The folks in Olympia are not elected and do not have the same values as 4th Legislative District citizens.

The proposal was passed last week by the Senate Housing Committee and is scheduled to receive a public hearing tomorrow in the Senate Ways and Means Committee.

Ridgeline students visit Olympia

On Monday, I enjoyed meeting with members of Ridgeline High School’s Robotics Club during their visit to the Capitol. They were a bright group of students who have promising futures ahead of them.

Contact us!

If you have a question or concern about state government, please do not hesitate to contact our office. During the session we are conducting business from our Senate office in Olympia. We are here to serve you!

Phone: (360) 786-7606

Olympia Office: 215 Legislative Modular Building, Olympia, WA 98504-0404

Email address: Mike.Padden@leg.wa.gov

PLEASE NOTE: Any email or documents you provide to this office may be subject to disclosure under RCW 42.56. If you would prefer to communicate by phone, please contact Sen. Padden’s Olympia office at (360) 786-7606.

To request public records from Sen. Padden, please contact Randi Stratton, the designated public records officer for the Secretary of the Senate and Senate members.

Governor signs Padden bill raising penalty for custodial sexual misconduct

A bipartisan bill, sponsored by 4th District Sen. Mike Padden, that aims to impose longer sentences on sexually abusive jail and prison guards was signed today by Gov. Jay Inslee after receiving unanimous approval by the Legislature this session.

The law created by Senate Bill 5033 reclassifies the crime of first-degree custodial sexual misconduct, (in which the corrections officer has sexual intercourse with the victim) now a Class C felony, to a Class B felony with a seriousness level of VII. That calls for an initial sentence of 15 to 20 months and a high-end sentence between 7.25 years and 9.6 years. The new law, which will take effect in late July, also reclassifies second-degree custodial sexual misconduct (in which the corrections officer has sexual contact with the victim) from a gross misdemeanor to a Class C felony with a seriousness level of V, which would bring a sentencing range of six to 12 months for those with the lowest offender score and a range of six to eight years for offenders with the highest offender score.

“I’m very pleased that the governor has signed this bill after both the Senate and House unanimously passed it earlier this session,” said Padden, R-Spokane Valley. “Officers who work in jails and state correctional facilities are part of the law-enforcement community just as much as the officers who patrol our communities and investigate crimes. Like all the other people we entrust to administer justice, corrections officers must be held to a high standard, especially considering the unique level of authority they have over people in custody.”

Padden’s bill was inspired by a KING-TV investigation about a Clallam County jail guard, John Gray, who served just over a year in prison after sexually assaulting four women.

When the bill was being considered by the Senate Law and Justice Committee early this session, it was named “Kimberly Bender’s law,” in honor of the 23-year-old Quileute woman who died by suicide in her Forks jail cell in 2019 after reporting to city officials that Gray sexually harassed her. Bender’s mother, Dawn Reid, asked Padden to name the bill after her daughter.

Gray was convicted in 2021 of two felony and two misdemeanor counts of custodial sexual misconduct and served 13 months of his 20-month sentence.

Padden is ranking Republican on the Senate Law and Justice Committee.

Legislature passes Padden bill raising penalty for custodial sexual misconduct

A bipartisan bill that aims to impose longer sentences on sexually abusive jail and prison guards is headed to the governor after being unanimously passed today by the House of Representatives.

Senate Bill 5033 would reclassify the crime of first-degree custodial sexual misconduct (in which the corrections officer has sexual intercourse with the victim) from a Class C felony to a Class B felony, allowing a prison term of 10 years instead of the current five-year maximum. The bill also would reclassify second-degree custodial sexual misconduct (in which the corrections officer has sexual contact with the victim) from a gross misdemeanor to a Class C felony, which would bring a maximum sentence of five years.

The proposal is prime-sponsored by 4th District Sen. Mike Padden, the ranking Republican on the Law and Justice Committee.

“I’m very pleased that both the Senate and House unanimously passed this bill and sent it to the governor,” said Padden, R-Spokane Valley. “Officers who work in jails and state correctional facilities are part of the law-enforcement community just as much as the officers who patrol our communities and investigate crimes. Like all the other people we entrust to administer justice, corrections officers must be held to a high standard, especially considering the unique level of authority they have over people in custody.”

Padden’s bill was inspired by a KING-TV investigation about a Clallam County jail guard, John Gray, who served just over a year in prison after sexually assaulting four women.

When the bill was being considered by the Senate Law and Justice Committee early this session, it was named “Kimberly Bender’s law,” in honor of the 23-year-old Quileute woman who died by suicide in her Forks jail cell in 2019 after reporting to city officials that Gray sexually harassed her. Bender’s mother, Dawn Reid, asked Padden to name the bill after her daughter.

Gray was convicted in 2021 of two felony and two misdemeanor counts of custodial sexual misconduct and served 13 months of his 20-month sentence.

SB 5033 was passed by the Senate 48-0 on Feb. 27. It now goes to Gov. Jay Inslee for final consideration.

Senate passes Padden bill raising penalty for custodial sexual misconduct

The Senate today voted 48-0 to pass a bipartisan bill that aims to impose longer sentences on sexually abusive jail and prison guards.

Senate Bill 5033 would reclassify the crime of first-degree custodial sexual misconduct as a Class B felony, allowing a prison term of 10 years instead of the current five-year maximum. The proposal is prime-sponsored by 4th District Sen. Mike Padden, the ranking Republican on the Senate Law and Justice Committee.

“Officers who work in our state’s correctional facilities are part of the law-enforcement community just as much as the officers who patrol our communities and investigate crimes,” said Padden, R-Spokane Valley. “Like all the other people we entrust to administer justice, corrections officers must be held to a high standard, especially considering the unique level of authority they have over people in custody.

“Senate Bill 5033 would increase the punishment for corrections officers who sexually assault or abuse inmates in the course of their jobs,” added Padden.

Padden’s bill, named “Kimberly Bender’s law,” was inspired by a KING-TV investigation about a Clallam County jail guard, John Gray, who served just over a year in prison after sexually assaulting four women.

During the Law and Justice Committee’s public hearing on SB 5033 earlier this session, Dawn Reid testified in favor of the proposal. Reid is the mother of Kimberly Bender, a 23-year-old Quileute woman who died by suicide in her Forks jail cell in 2019 after reporting to city officials that Gray harassed her. Reid asked Padden to name the legislation after her daughter.

Michele Devlin, Clallam County’s chief criminal deputy prosecutor, also testified in support of the bill. Devlin prosecuted the 2020 case against Gray, a former Forks jail guard who was convicted in 2021 of two felony and two misdemeanor counts of custodial sexual misconduct and served 13 months of his 20-month sentence.

SB 5033 now goes to the House of Representatives for further consideration.

Committee passes Padden bill to keep repeat property offenders behind bars longer

A bill from 4th District Sen. Mike Padden that could keep repeat property offenders behind bars longer was approved today by the Senate Law and Justice Committee.

Senate Bill 5056 would require that someone who is found to be a habitual property offender to be sentenced to an additional 24 months in total confinement for a Class B felony, and an additional 12 months for a Class C felony.

“We have a real crisis in the explosion of property crimes, including auto thefts, catalytic converter thefts and electric charging equipment,” said Padden, R-Spokane Valley. “What this bill tries to do is keep habitual, repeat offenders behind bars for longer periods of time. If you remove repeat offenders, the property crime rate will decrease substantially. In talking with law enforcement, I’ve learned that relatively few people commit most of the crimes in this area.”

Under an amendment to the bill that was passed by the committee today, it is up to a judge’s discretion whether a defendant is a habitual offender and if the defendant should be in total confinement.

During the public hearing on SB 5056 on Tuesday, officials with the Washington Retail Association and Washington Association of Sheriffs and Police Chiefs testified in favor of the proposal, as did Jessica Laughery of Hutton Settlement. TVW’s coverage of the public hearing can be viewed here.

SB 5056 is expected to go to the Senate Rules Committee for further consideration.