ORD 11-704ORDINANCE NO. 11-704
AN ORDINANCE of the City of Federal Way, Washington, relating to
the maximum penalty for a gross misdemeanor; revising sections FWRC
6.15.020 and 6.05.070. (Amending Ord. Nos. 91-89, 06-518 and 09-601)
WHEREAS, effective July 22, 2011, the Washington State Legislature passed SB 5168,
which reduces the maximum sentence for a gross misdemeanor from 365 days to 364 days; and
WHEREAS, the Federal Way Revised Code contains two sections that refer to the maximum
sentence for a gross misdemeanor as"one year;"
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. FWR.0 6.15.020 is hereby amended as follows:
6.15.020 Vehicular assault, nonfelony.
(1) A person is guilty of vehicular assault, nonfelony, when he or she (a) knowingly operates or
knowingly is in actual physical control of a vehicle; and (b) while doing so commits any act
defined as an infraction under FWRC Title 8 or RCW Title 46; and (c) such conduct is a
proximate cause of death, great bodily harm or substantial bodily harm to another. As used in
this section, "great bodily harm" and "substantial bodily harm" have the same meanings as in
RCW 9A.04.110 and "vehicle" has the same meaning as in RCW 46.04.670, as those statutes
now exist or may hereafter be amended. This section is intended to protect the public welfare.
No mens rea element that is not specifically stated in this section shall be inferred or required.
Prosecution or punishment under this section shall not preclude separate prosecution or
punishment for any other crime.
(2) Any person who violates the provisions of this section is guilty of a gross misdemeanor
, ,
#�a�-$�98A.
Section 2. FWRC 6.05.070 is hereby amended as follows:
6.05.070 Penalty.
(1) Unless otherwise provided, any person convicted of a gross misdemeanor shall be
punished by a fine not to exceed $5,000 or by imprisonment in jail for a term not to exceed 364
davser�e-yea�, or by both such fine and imprisonment.
(2) Unless otherwise provided, any person convicted of a misdemeanor shall be punished by
a fine not to exceed $1,000 or by imprisonment in jail for a term not to exceed 90 days, or by
both such fine and imprisonment
(3) A person who is convicted of a misdemeanor violation of any provision of Chapter 69.50
RCW adopted by reference shall be punished by imprisonment for not less than 24 consecutive
hours, and by a fine of not less than $250.00. On a second or subsequent conviction, the fine
Ordinance No. l l-704 Page 1 of 3
shaii not be less than $500.00. These fines shall be in addition to any other fine or penalty
imposed. Unless the court finds that the imposition of the minimum imprisonment will pose a
substantial risk to the defendanYs physical or mental well-being or that local jail facilities are in
an overcrowded condition, the minimum term of imprisonment shall not be suspended or
deferred. If the court finds such risk or overcrowding exists, it shall sentence the defendant to a
minimum of 40 hours of community service. If a minimum term of imprisonment is suspended or
deferred, the court shall state in writing the reason for granting the suspension or deferral and
the facts upon which the suspension or deferral is based. Unless the court finds the person to be
indigent, the minimum fine shall not be suspended or deferred.
Section 3. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the remaining portions of this
chapter or its application to any other person or situation. The City Council of the City of Federal
Way hereby declares that it would have adopted this chapter and each section, subsection,
sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 4. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 5. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
Ordinance No. ll -704 Page 2 of 3
PASSED by the City Council of the City of Federal Way this 4 day of October 2011.
ATTEST:
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C Y CLERK, CARO MCNE LY, CMC
APPROVED AS TO FORM:
.
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTNE DATE:
ORDINANCE NO.:
9-13-2011
10-4-2011
10-8-2011
11-7-2011
11-704
Ordinance No. l l-704 Page 3 of 3