ORD 06-526ORDINANCE NO. D(o
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF FEDERAL WAY, WASHINGTON, AMENDING
CHAPTER 6, ARTICLE VIII, OF THE CRIMINAL CODE
OF THE CITY OF FEDERAL WAY TO CRIMINALIZE
DOMESTIC VIOLENCE IN THE PRESENCE OF
CHILDREN AND DOMESTIC VIOLENCE
STRANGULATION (Amending Ordinance Nos 97 -297 and
97 -299)
WHEREAS, Article XI, Section 11 of the Washington State Constitute authorizes the
City Council to establish additional crimes as long as said crimes do not conflict with State
Law; and
WHEREAS, the City Council has enacted the City's law as set forth in the Federal Way
City Code; and
WHEREAS, the Chapter 6 of the Federal Way City Code identifies certain criminal
violations designed to provide for public health, welfare and safety within the City; and,
WHEREAS, crimes of domestic violence are pervasive with long term consequences
suffered by not just the direct victims, but also the child witnesses; and
WHEREAS, the City of Federal Way has partnered with South King County Community
Network on a project studying the adverse effect on children whom are present and/or victims of
domestic violence in Federal Way; and
WHEREAS, statistics show that in 2004 children were present during domestic violence
in 232 domestic violence charges; and
WHEREAS, studies show that strangulation domestic violence crimes are some of the
ORD # 06 -526 , PAGE 1
most lethal, with the perpetrators using strangulation as a form of power and control, and studies
show that perpetrators who have used strangulation in the past are far more likely to commit
homicide; and
WHEREAS, the City Council finds it is the best interest of the citizens to add the crime
of domestic violence involving children witnesses and the crime domestic violence involving
strangulation,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6, Article VIII, Section 6 -192 of the Federal Way City Code is
hereby amended to read as follows: .
6 -192 Crimes occurring between family or household members — Domestic violence.
RGW 26 09 inn 26 26 138 26.4 4 063 26.4 4 067 ,a Chapters 1099 and 26.50 RC-W as
euffently eedified or as hefeafter- amended, are hereby adopted by. fefer-enee.
RCW . ,
(1) Domestic violence anti- merger clause- EvM person who in the commission of a crime
of domestic violence shall commit any other crime maybe punished therefore as well as for
the crime of domestic violence and mate prosecuted for each crime separately.
(2) Strangulatio
(a) A person is guilty of Strangulation if, under circumstances not amounting to a
felony, he or she assaults another by means of strangulation.
(b) Strangulation shall mean intentionally impeding normal breathing or circulation of
the blood by pplying pressure on the throat or neck or by obstructing the nose or mouth
of another person.
(c) Strangulation is a gross misdemeanor. AU person convicted of this crime shall be
punished by imprisonment for not less than 30 days.
(3) Exposing children to domestic violence
(a) A person commits the crime of exposing children to domestic violence when he or
she:
ORD # 06 -526 , PAGE 2
(i) Commits a crime of domestic violence as defined in RCW 10.99.020; and
(ii) The crime is committed in' the immediate presence of or is witnessed by, the
person's or the victim's minor child stepchild or a minor child residing within the
household of the person or victim.
(b) For the p_umoses of this section "witnessed" shall mean if the crime is seen or
directly perceived in any other manner by the child
(c) Exposing children to domestic violence is a gross misdemeanor. Any person
convicted of this crime shall be punished by imprisonment of not less than 30 days. If
the person is sentenced to less than the maximum statutory sentence, the court shall
place the defendant on probation and the court shall impose conditions of probation that
include attendance at a certified domestic violence perpetrator treatment program as well
as a treatment program that addresses the effects of domestic violence on children.
(4) The following state statutes including all future amendments additions or deletions, are
adopted by reference:
(a) RCW 26.09.300, Restraining orders — Notice — Refusal to comply — Arrest —
Penalty — Defense — Peace officers, immunity.
(b) RCW 26.26.138, Restraining order — Knowing violation — Penalty — Law
enforcement immunity.
(c) RCW 26.44.063, Temporary restraining order or preliminary injunction — Enforcement
— Notice of modification or termination of restraining order.
(d) RCW 26.44.067, Temporary restraining order or p-reliminm iLaj unction — Contents —
Notice — Noncompliance — Defense — Penally.
e) Chapter 10.99 RCW Domestic violence — official response
fl Chapter 26.50 RCW Domestic violence prevention
e) RCW 9A.36.150, Interfering with the reporting of domestic violence.
(h) RCW 26.10.220, Restraining orders — Notice — Refusal to comply — Arrest —
Penalty — Defense — Peace officers, immunity.
SECTION 2. Severability. The provisions of this ordinance are declared separate and
severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of
ORD # 06 -526 , PAGE
this ordinance or the invalidity of the application thereof to any person or circumstance, shall
not affect the validity of the remainder of the ordinance, or the validity of its application to other
persons or circumstances.
SECTION 3. Ratification. Any and all acts consistent with the authority and prior to the
effective date of this ordinance are hereby ratified and affirmed.
SECTION 4. Effective Date. This ordinance shall take effect and be in force five days
from its passage, approval and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this �day ofjUA,(-,_,
111•
CITY OF FEDERAL WAY
ATTEST:
4LURV.AHATHAWA , CMC, CITY CLERK
APPROVED AS TO FORM:
CI Y ATTORNEY, PATRICIA RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
K: \0rdinance\2006 \Crimina1 update DV.doc
ORD # 06 -526 , PAGE 4
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