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EVERETT CITY COUNCIL AGENDA 1mM COVER SHEET 15 <br /> • <br /> PROJECT TITLE: <br /> t5 (thAN ORDINANCE amending Briefing COUNCIL BILL# C (8)@----- <br /> the <br /> e City's Criminal Code(Title Proposed Action Originating Department Legal <br /> 10 EMC)adopting State Law Consent Contact Person Flora Diaz <br /> by reference for Certain X Action Phone Number 425-257-8658 <br /> Crimes, amending Ordinances X First Reading FOR AGENDA OF <br /> 1145-85, 1360-87, 1521-88, X Second Reading <br /> 1567-89, 1825-91, 1974-93 and <br /> 2919-06, as amended) X Third Reading <br /> Public Hearing <br /> Initialed by: <br /> Department Head <br /> CAA <br /> Council President 7-2-/.9 , <br /> Location Preceding Action Attachments Department(s)Approval <br /> Ordinance Legal,Police <br /> (final,redlined) <br /> Amount Budgeted -0- <br /> Expenditure Required -0- Account Number(s): <br /> Budget Remaining -0- <br /> Additional Required -0- <br /> DETAILED SUMMARY STATEMENT: <br /> Certain crimes prosecuted by the City can include court-ordered collection of DNA upon conviction <br /> (Harassment,Assault in the Fourth Degree, Stalking,Violation of a Sexual Assault Protection Order, <br /> Patronizing a Prostitute,Failure to Register as a Sex/Kidnapping Offender, and Communication with a Minor <br /> for Tmmoral Purposes). The Washington State Patrol(WSP)historically has tested the collected DNA samples. <br /> There has been a recent change in practice by the WSP requiring the convictions to be under the State law, <br /> instead of solely under a municipal ordinance. <br /> There is no substantive difference between the State laws and the current Everett Municipal Codes.For <br /> one of the crimes,Violation of a Sexual Assault Protection Order, only those portions of the RCW that deal <br /> with enforcement of the orders would be adopted(which is our current practice). The County would continue to <br /> handle the issuance of Sexual Assault Protection Orders. <br /> This proposed ordinance would adopt by reference the associated State laws for the crimes where DNA <br /> samples can be court-ordered upon conviction. This will enable the crimes to be processed under both the State <br /> RCW and the municipal code,so that WSP will test the DNA samples. <br /> RECOMLVIENDATTON(Exact action requested of Council): Adopt an Ordinance amending the City's Criminal <br /> Code (Title 10 EMC)adopting State Law by reference for Certain Crimes, amending Ordinances 1145-85, <br /> 1360-87, 1521-88, 1567-89, 1825-91, 1974-93 and 2919-06, as amended). <br /> 107 <br />