80th Legislature: Friday Bill Bonanza

I admit: It’s getting more and more difficult to come up with entertaining titles for my massive posts on newly filed legislation. Any ideas you may have can be sent to tips-at-capitolannex.com.

SB 244 by Williams would allow prosecutors the ability to seal more search warrants. It would amend the Code of Criminal Procedure to allow for warrants to be sealed if:

(1)  public disclosure of the affidavit would jeopardize the safety of a confidential informant or adversely affect a continuing investigation; or
(2)  the affidavit contains information obtained from a court-ordered wiretap that has not expired at the time the attorney representing the state requests the sealing of the affidavit.

Legislation that allows for the sealing of search warrant affidavits is a touchy situation. One of the founding principles of the justice system and disclosure of government information is that this type of information should be made public.

As it stands right now, you don’t have to put the name of a confidential informant in a warrant affidavit. Thus, I’m not sure why that part of the legislation is necessary.

As for the wiretap clause, that’s also quite precarious. I don’t see why a warrant affidavit can’t include the information gleaned from the wiretap without indicating a wiretap was in place.

Furthermore, it seems as though any competent criminal defense attorney delving into the case after the arrest would end up finding out the wiretap existed fairly quickly. After all, while this bill would keep the affidavit from being public information, I don’t see how it would not have to be immediately disclosed to the defendant in order that he could prepare a defense. Thus, if the defendant knows about the wiretap, it would cease to be productive.

The  fact that the affidavit can continue to be sealed subsequently ever thirty days is also troublesome.

HB 634 by Eiland would prohibit accident and health insurance policies from excluding from coverage events that happened while an individual was intoxicated if they cover emergency care.

HB 640 by Hughes would require state agencies with websites to post on their sites all of their expenditures including the purposes for which they were made.

HB 633 by Parker (of King County) would require training for municipal or county animal control officers.

SB 237 by Shapiro would allow for electronic filing for justice of the peace courts.

HJR 44 by Branch proposes a constitutional amendment that would require a two-thirds vote of both chambers of the Legislature to increase the franchise tax (this wouldn’t, however, apply to changes in how the franchise tax is computed, administered, or enforced).