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Legislation

A legislative session dominated by budgetary concerns nevertheless has seen some gains for civil liberties A bill passed under which the relationships of same-sex couples married in other states will be recognized for the extensive rights provided to registered domestic partners under Washington law. Other legislation will restrict dissemination of records of rehabilitated juvenile offenders and will prevent automatic deportation of immigrants for misdemeanor convictions.

Significant achievements came in helping to block proposals that would have harmed civil liberties. Broad opposition from civil rights, social justice, and ethnic community groups prevented a flawed “anti-gang” bill from passing. Similarly, measures denying driver’s licenses to undocumented immigrants, allowing collection of DNA upon arrest, providing for release of jail booking photos, and recording of conversations with only one-party consent were derailed.

ACLU-WA-backed measures to replace the death penalty, rein in government surveillance of political activities, and regulate and tax marijuana all received useful hearings but failed to advance. Regrettably, although the Legislature stepped up to pass a good medical marijuana bill, Gov. Gregoire undid most of the much-needed reform, vetoing sections that established a licensed system of dispensaries and that provided meaningful protection against arrest.

Here are key measures on which the ACLU-WA worked in the 2011 legislative session.

Marriage Equality

Position: support
Status: Passed the Senate by 28-21 vote, passed the House by a 55-43 vote, signed into law by Gov. Gregoire on Feb. 13.
It's time to make marriage equality a reality in Washington state. Read More »
 

Marijuana Legalization

Position: support
Status: Had a hearing on Feb. 9 before Senate Government Operations Committee and the House State Government & Tribal Affairs Committee, was not voted upon.
Washington should legalize, regulate, and tax marijuana use by adults. Read More »
 

Safe and Just Alternatives

Position: support
Status: Had a hearing on Jan. 25 in Senate Judiciary Committee, did not pass out of committee
Let's replace the death penalty with a safe and just alternative sentence. Read More »
 

Government Surveillance

Bill: SB 5048
Position: support
Status: Had a hearing in Senate, did not pass out of committee.
The Washington Enhanced Surveillance Act would allow government surveillance of a person’s political or religious views and activities only when there is reasonable suspicion of criminal activity. Local law enforcement agencies increasingly monitor, and collect phone calls, e-mails, and records – all without evidence of any criminal activity or intent by those being tracked. And the information collected is being shared ever more broadly among government agencies and even unaccountable private contractors.

This kind of broad surveillance without suspicion chills free speech. It makes innocent people hesitant to participate in activities protected by the First Amendment – like attending a political rally or visiting a place of worship. Further, suspicionless surveillance swamps law enforcement with useless information. It diverts attention from real security threats, wasting precious public safety resources. Political activism is the lifeblood of our democracy, and people should be able to participate in lawful political activities without fear of being tracked by the government.  Read More »

 

Regulating Medical Marijuana

Position: support
Status: Passed the House and Senate, but Gov. Gregoire vetoed most of bill.
This measure would have provided much-needed clarification to “gray areas” of the law, fulfilling the compassionate intention of the citizenry who adopted it. At the very end of the session, Gov. Gregoire expressed concerns about the bill, then, to our chagrin, vetoed its key sections. In issuing her veto, the Governor cited the threat of federal authorities arresting state employees involved in administering dispensaries – an unlikely scenario which has not happened in any of the other states which have dispensaries. Read More »
 

DNA Collection upon Arrest

Position: oppose
Status: Had hearings in House and Senate, did not pass out of committee.
One of the bedrocks of our society is that a person is innocent until proven guilty. The legislation would have mandated DNA collection from certain categories of arrestees – a major invasion of the privacy of individuals not yet proven guilty of any crime. Many people who are arrested are never charged with a crime, and even more are never convicted of a crime. Read More »
 

Marijuana Legalization

Position: support
Status: Had a hearing and work session in House, did not advance to a floor vote.
The bill would legalize and comprehensively regulate marijuana for adult use. Washington's marijuana laws are failing our communities. They waste scarce public safety resources. They unfairly burden individuals, their families, and especially communities of color with the harsh consequences of marijuana convictions. And they have not decreased marijuana use.  Read More »
 

Gang Injunctions

Bill: HB 1126
Position: oppose
Status: Had hearing in House, did not advance out of committee.
Atty. Gen. Rob McKenna promoted an omnibus “anti-gang” bill that would have made the serious problem of gangs worse; Rep. Ross introduced the measure at the AG’s request.  Instead of focusing on those committing violent crimes, the bill pushed expensive sanctions that could result in innocent youth being arrested. This approach only strengthens gangs by cutting off vulnerable youth from the family members, jobs, and school they need to stay out of gangs. Research shows that gangs are best controlled by focusing enforcement efforts at violent criminals, along with directing prevention and intervention services for young people who are vulnerable to joining gangs. Read More »
 

Bail Changes

Bill: SB 5056
Position: oppose
Status: Did not pass.
Fairness in determining bail is vital because bail is a fundamental protection of our legal system against incarceration of individuals who have been accused but not convicted of crimes.  Following last session’s passage of a constitutional amendment to make bail denial easier, the ACLU-WA participated in a task force over the summer designed to review the bail process and make improvements.

The resulting bill was a mixed bag, including both positive and problematic provisions from the standpoint of due process. Included was a poorly executed risk assessment tool that could have worsened systemic bias, as well as bail provisions that jeopardized the rights of mentally ill arrestees. Although we were successful in having amendments included to fix those concerns, the bill eventually died for reasons unrelated to civil liberties issues. Read More »

 

Recognizing Out-of-State Relationships

Bill: HB 1649
Position: support
Status: Passed
In 2009 the legislature passed and voters affirmed an ACLU-backed measure extending to registered domestic partners all the rights and responsibilities of marriage under state law. Currently, state law recognizes domestic partnerships and civil unions from other states but excludes marriages of same-sex couples. This year’s bill recognizes marriages of same-sex couples from other states as valid domestic partnerships in Washington. Read More »
 
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