TO: Committee of the Whole - Public Safety and Human Services
FROM: Mayor Angela Birney
DEPARTMENT DIRECTOR CONTACT(S):
Executive
Malisa Files
425-556-2166
Police
Darrell Lowe
425-556-2529
DEPARTMENT STAFF:
Executive
Rebecca Mueller
Supervising Attorney
TITLE:
title
State versus Blake Legislative Update
OVERVIEW STATEMENT:
recommendation
At the conclusion of the 2023 state legislative session, the legislature failed to address the impacts of State v. Blake. This briefing is an update on what is happening at the state and next steps for the City.
body
? Additional Background Information/Description of Proposal Attached
REQUESTED ACTION:
? Receive Information ? Provide Direction ? Approve
REQUEST RATIONALE:
* Relevant Plans/Policies:
N/A
* Required:
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* Council Request:
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* Other Key Facts:
History
In February 2021, the Washington State Supreme Court ruled in?State v. Blake that the state's felony drug possession statute was unconstitutional. In response, the state legislature passed Engrossed Senate Bill 5476, commonly known as the Blake Decision, which temporarily made possession of a controlled substance a misdemeanor. That law expires on July 1, 2023.
During the 2023 state legislative session, the House and Senate extensively debated a permanent solution in the form of Senate Bill 5536, referred to as the Blake bill, but they were unable to reach agreement before the end of the regular session. Ultimately, the Blake bill failed in the House by a vote of 43 to 55. Some areas of disagreement centered around the level of offense (whether to make it a gross misdemeanor or misdemeanor), treatment and diversion pathways, preemption of local regulation of drug paraphernalia, and technical concerns about ability to prosecute if the language required both possession and use.
The Governor has indicated he will call a Special Session on May 16. Legislators are expressing confidence that a compromise will be reached, but success is not guara...
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