Measures would address rise in retail theft, contamination at state labs and increase police transparency and accountability.
The Senate Law and Justice Committee last week acted on three public-safety measures from Spokane Valley Republican Sen. Mike Padden.
Senate Bill 5710, which received a hearing in the committee on Jan. 24, is aimed at reducing contamination in the state toxicology laboratory. An investigation revealed that between October 2018 and June 2019, at least eight cases of cross-contamination were found to have taken place at the state toxicology lab in Seattle.
“For twelve years, I served as a Spokane County District Court judge, and during that time I presided over many DUI cases, where technicians from the state toxicology lab were called upon to testify,” Padden explained. “Law enforcement and the judicial system rely on the work of the toxicology lab, and it’s important that their reports be accurate and credible.”
This bill would require testing for contamination at the lab and require that the lab produce an annual report on its findings and submit it to the Washington State Forensic Investigations Council, the Senate Law and Justice Committee and the House Public Safety Committee.
“For the most part, the lab does a great job, but the contamination issue has diminished faith in the reliability of its results,” said Padden, who serves as the lead Republican on the committee. “This bill would restore a level of trust in those results. Regular testing by a qualified third-party would also help ensure future samples are free from this contamination issue.”
Magda Baker with the Washington Defender Association and Bruce Adsero with the Washington Association of Criminal Defense Lawyers testified in support of the bill.
The committee also held a hearing on Senate Bill 5733, which deals with the issue of civil-asset forfeiture. The bipartisan bill would require government agencies that seize personal property during a criminal investigation, prior to a conviction, to keep certain records about the property seized and forfeited under state law and any agreement with any federal agency for each forfeiture.
“I consider myself a strong friend of law enforcement, but I do have concerns about property being seized when there is not a conviction, and there should be safeguards and transparency,” said Padden. “People have a constitutional right to be secure in their property and have full due process under the law. This bill would also require recordkeeping so that everyone knows where things stand.”
The Law and Justice Committee voted on Jan. 27 to advance both measures.
On Thursday, the committee also heard testimony on a third Padden measure, Senate Bill 5781, which deals with organized retail theft. It is one of the bills included in the Republican “Safe Washington” package. Under the bill, a person would be guilty of second-degree organized retail theft for stealing property with a cumulative value of at least $750 with two or more accomplices who enter the store within five minutes of one another.
“We appreciate the prime sponsor, Senator Padden, for championing this very important issue,” Mark Johnson, senior vice president for policy with the Washington Retail Association, told the committee.
“Washington ranks second in the nation in theft per capita, with over 2.7 billion dollars in goods stolen from retailers every year. This leads to increased costs to consumers and approximately 250 million dollars in lost tax revenue to state and local governments. …Unfortunately, these crimes are getting more aggressive and violent, truly making this a public-safety issue.
“Senate Bill 5781 is one prong in a multi-prong approach needed to combat retail theft and protect public safety. This legislation will both serve as a deterrent and serve as important tool for law enforcement.”
SB 5781 is scheduled to receive a vote in the committee this Thursday.