Ordinance 3236-11 - Laserfiche WebLink

011.0' Ordinance No. 3236-11 An Ordinance relating to Reducing Maximum Sentences, Amending Ordinances 1145-85, 1041-84, 3074-08, 3134-09, 1228-86, 3135-09, 2442-00 and 1810-91 as provided in Section 14 herein. Whereas, in the 2011 session, the State Legislature found that a maximum sentence by a court in the state of Washington for a gross misdemeanor can, under federal law, result in the automatic deportation of a person who has lawfully immigrated to the United States, is a victim of domestic violence, or a political refugee, even when all or part of the sentence to total confinement is suspended; and Whereas, the State Legislature further found that this is a disproportionate outcome, when compared to a person who has been convicted of certain felonies which, under the state's determinate sentencing law, must be sentenced to less than one year and, hence, either have no impact on that person's residency status or will provide that person an opportunity to be heard in immigration proceedings where the court will determine whether deportation is appropriate; and Whereas, the State Legislature, in order to cure the inequities of the law, reduced the maximum sentence for a gross misdemeanor by one day, from three hundred-sixty-five days to three hundred-sixty-four days; and Whereas, the punishment for any City criminal ordinance must be the same as the punishment provided in state law for the state crime; NOW,THEREFORE,THE CITY OF EVERETT DOES ORDAIN: Section 1: Section 9 of Ordinance No. 1145-85 (EMC 10.04.080),which reads as follows: Offense—Penalties. Unless otherwise provided,the penalties for offenses shall be as follows: A. A gross misdemeanor may be punished by a fine not to exceed five thousand dollars or imprisonment in jail not to exceed one year, or by both such imprisonment and fine. B. A misdemeanor may be punished by a fine not to exceed one thousand dollars, or imprisonment in jail not to exceed ninety days, or by both such imprisonment and fine.