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File #: 2021-0249    Version: 1
Type: Ordinance Status: Passed
File created: 7/6/2021 In control: Budget and Fiscal Management Committee
On agenda: Final action: 7/27/2021
Enactment date: 8/12/2021 Enactment #: 19319
Title: AN ORDINANCE related to the Washington state Supreme Court's decision in State v. Blake, 197 Wn.2d 170 (2021); making a supplemental appropriation of $19,545,000 to several general fund agencies; and amending the 2021-2022 Biennial Budget Ordinance, Ordinance 19210, Sections 30, 31, 32, 34, 39 and 51, as amended.
Sponsors: Jeanne Kohl-Welles
Indexes: Appropriation, Budget, Funds
Attachments: 1. Ordinance 19319, 2. 2021-0249 transmittal letter, 3. 2021-0249 Blake Operating Crosswalk, 4. 2021-0249 fiscal note, 5. 2021-0249 Legislative Review Form, 6. 2021-0249_SR_Blake, 7. 2021-0249_ATT4_Revised Blake transmittal crosswalk 7.19.21
Related files: 2020-0306
Staff: Giambattista, Jenny
title
AN ORDINANCE related to the Washington state Supreme Court's decision in State v. Blake, 197 Wn.2d 170 (2021); making a supplemental appropriation of $19,545,000 to several general fund agencies; and amending the 2021-2022 Biennial Budget Ordinance, Ordinance 19210, Sections 30, 31, 32, 34, 39 and 51, as amended.
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BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Findings:
A. On April 20, 2021, the Washington state Supreme Court issued a decision in State v. Blake, 197 Wn.2d 170 (2021), finding the statute creating the crime of simple drug possession, RCW 69.50.4013, unconstitutional because it does not contain a knowledge element.
B. The State v. Blake decision invalidates convictions dating back to 1971, which were obtained in the name and by the authority of the state of Washington. The superior court, the district court, the prosecuting attorney and the court clerks acted as agents of the state in connection with prosecutions and convictions for drug possession.
C. The decision in State v. Blake results in cases that must be dismissed, warrants that must be quashed and defendants who must be resentenced. It is estimated that between 750 and 1,200 King County cases will require resentencing, some through agreed orders and others through sentencing hearings where victims and defendants will be entitled to address the court.
D. The decision in State v. Blake also requires that some defendants who have completed their sentences be provided with relief in the form of vacated convictions and the reimbursement of fines and fees paid to the state of Washington as part of the conviction. It is estimated that petitions from as many as 50,000 defendants will need to be carefully screened to determine legal eligibility for vacation and reimbursement.
E. As the convictions affected by the decision in State v. Blake and the effort to unwind drug possession convictions since 1971 are brought in the name of and by the authority of the state ...

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