Tribal rights, prison justice reform on AG Ferguson’s 2021 legislative agenda

Tom Smith

Jan. 26—Tribal legal rights and felony justice reform are substantial on Washington Legal professional General Bob Ferguson’s agenda for this legislative agenda. &#13 Ferguson’s legislative slate, which was declared Friday, consists of a bill to enshrine in condition legislation the Legal professional General’s Office’s initial-of-its-kind coverage that involves the office […]

Jan. 26—Tribal legal rights and felony justice reform are substantial on Washington Legal professional General Bob Ferguson’s agenda for this legislative agenda.

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Ferguson’s legislative slate, which was declared Friday, consists of a bill to enshrine in condition legislation the Legal professional General’s Office’s initial-of-its-kind coverage that involves the office environment to obtain knowledgeable consent from Washington’s 29 federally recognized tribes prior to initiating a system or task that impacts tribes, tribal rights, tribal lands and sacred internet sites.

Together with his tribal agenda, Ferguson is re-introducing his legislation abolishing the loss of life penalty and restricting significant-potential journals.

HIs agenda also incorporates a new monthly bill demanding the selection and publication of information on the use of deadly pressure by law enforcement, which currently has passed out of committee with bipartisan assistance, and a further prohibiting value gouging for the duration of emergencies.

“My office environment enforces and defends point out regulation — and we also do the job to make improvements to point out law to advantage Washingtonians,” Ferguson explained in a statement.

Here are some of the crucial problems on his agenda:

Public safety and felony justice reform

Use of fatal force facts selection: Ferguson is proposing laws to make a centralized, publicly accessible database made up of all incidents of law enforcement use of lethal power in Washington point out. At this time, there is no solitary locale exactly where the public and lawmakers can obtain details about the use of fatal pressure by legislation enforcement officers.

High-potential magazine limits: Ferguson is reintroducing legislation to prohibit the sale or possession of substantial-capacity magazines holding extra than 10 rounds. The bill contains exceptions for grandfathered journals, regulation enforcement, navy staff and recreational shooting ranges. A number of federal courts have upheld these community protection bans as constitutional.

Banning assault weapons: The Attorney Normal is reintroducing legislation in 2021 to ban the sale of military-design and style assault weapons in Washington point out. The bill incorporates exceptions for grandfathered weapons, regulation enforcement, armed forces personnel and recreational taking pictures ranges. Seven states presently have a equivalent ban that federal courts have upheld.

Repealing the loss of life penalty: For the fifth session, Ferguson is requesting a bill to repeal Washington’s loss of life penalty. In 2018, the point out Supreme Court docket observed that Washington’s use of the death penalty is “racially biased,” “arbitrary” and “lacks fundamental fairness,” but the ruling did not repeal the legislation. Ferguson’s invoice handed the Senate very last calendar year, but not the House.

Respecting tribal treaty legal rights

Totally free, prior and informed consent from tribes: This legislative session, Ferguson is requesting legislation that would codify this policy, guaranteeing it cannot be unilaterally removed by long term Attorneys Normal. As portion of the legislation, the Attorney General’s Place of work would be required to refrain from filing any litigation from a tribal federal government or tribal-owned small business with out initial engaging in significant session to solve the dispute.

Protecting off-reservation treaty rights and point out-tribal cooperative agreements: Ferguson and the point out Department of Fish & Wildlife are jointly proposing laws to repeal a 1984 unenforceable, anti-tribal statute codified in state law as RCW 77.110. The law casts a shadow around treaty fishing legal rights and the state’s well-set up cooperative fisheries management agreements with tribes, Ferguson contends.

Buyer protections

Selling price gouging: The Lawyer General’s Office environment has obtained more than 1,300 issues from citizens about extreme price raises on objects like facial area masks or hand sanitizer in the course of the pandemic. But Washington does not have a precise law to prohibit price tag gouging all through a state of crisis. Ferguson is proposing a monthly bill that delivers a crystal clear and unambiguous definition of cost gouging and establishes civil penalties for violations.

Strengthening the Buyer Protection Act: The condition Shopper Security Act at the moment enables up to $2,000 in penalties for every violation. These penalties have not increased because they have been adopted in 1970. Ferguson’s laws would alter the penalties to $13,350 for every every single unfair or misleading exercise that violates the act.

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