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a j <br /> ORDINANCE NO. 2540-01 <br /> AN ORDINANCE Relating to Escaping from Custody, Amending Section 70 <br /> of Ordinance No. 1145-85 (EMC 10.12.070) and Section 64 of Ordinance No. <br /> 1145-85 (EMC 10.12.010). <br /> WHEREAS, the 2001 Washington State Legislature amended the laws regarding escape <br /> from custody; and <br /> WHEREAS, the City of Everett City Council deems it appropriate for the City Criminal <br /> Code to be consistent with state law in this area. <br /> NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1: Section 70 of Ordinance No. 1145-85, (EMC 10.12.070), which reads as <br /> follows: <br /> Bail jumping. <br /> A. Any person who was held for, charged with, or convicted of a gross misdemeanor or <br /> misdemeanor, having been released by court order or admitted to bail with the <br /> requirement of a subsequent personal appearance before any court of this state, and who <br /> knowingly fails to appear as required is guilty of bail jumping. <br /> B. Bail jumping is a misdemeanor. <br /> is hereby amended to read as follows: <br /> Bail jumping. <br /> A. Any person who was held for, charged with, or convicted of a gross misdemeanor or <br /> misdemeanor, having been released by court order or admitted to bail with knowledge of <br /> the requirement of a subsequent personal appearance before any court of this state, or of <br /> the requirement to report to a correctional facility for service of sentence, and who fails to <br /> appear or who fails to surrender for service of sentence as required is guilty of bail <br /> jumping. <br /> B. It is an affirmative defense to a prosecution under this section that uncontrollable <br /> circumstances prevented the person from appearing or surrendering, and that the person <br /> did not contribute to the creation of such circumstances in reckless disregard of the <br />