HB 1160 Increasing Litter Penalty

[bigtex]

HB 1160 would increase the fine for littering under a cubic foot of litter. The current offense is a class 3 civil infraction with a fine of $103. The bill would increase the offense to a class 2 civil infraction, as well as instituting a special fine which will increase the fine to $410. Under the bill the difference in the revenue to the state will then be given to State Parks.

Out of the current law the revenue that gets diverted to the state general fund is $39.76. Under the bill the state portion would be $173.76. This means $133.60 of each ticket for this offense would go to State Parks.

There are an average of 541 citations for this offense written every year in WA. If all of those offenders paid their ticket under the proposed bill State Parks would get around $72,000. However, only about 63% of those cited paid their fines which means Parks would get about $45,000.  These figures also do not include reduced penalties ordered by judges.

Littering over a cubic foot of litter is a crime, however many county prosecutors don't prosecute criminal littering offenses and tell LEOs to just cite for this offense.

The bill is sponsored by Representatives Pike, Moeller, Fitzgibbon, Bergquist, Gregerson, Ormsby, Ryu, and Tharinger

http://apps.leg.wa.gov/billinfo/summary.aspx?year=2015&bill=1160

[trophyhunt]

The fines should never affect me so I'm all for it, hate seeing litter and the a holes that do it.

[bearpaw]

100% in favor, Washington is the most littered state in the northwest, no excuse for it. LEO should emphasize writing tickets for littering.

[bigtex]

100% in favor, Washington is the most littered state in the northwest, no excuse for it. LEO should emphasize writing tickets for littering.

And prosecutors should actually prosecute those who litter in an amount of criminal statutes. It's not right that someone can go out and dump their entire bed of their pickup which under state law is a gross misdemeanor, but only be given the ticket for under a cubic foot of litter simply because the county prosecutor doesn't want to spend the $ on criminal littering cases.

[bearpaw]

100% in favor, Washington is the most littered state in the northwest, no excuse for it. LEO should emphasize writing tickets for littering.

And prosecutors should actually prosecute those who litter in an amount of criminal statutes. It's not right that someone can go out and dump their entire bed of their pickup which under state law is a gross misdemeanor, but only be given the ticket for under a cubic foot of litter simply because the county prosecutor doesn't want to spend the $ on criminal littering cases.

Perhaps the language of this bill should be modified so that the level of offense is lower to make it easier for prosecutors but the fine is much higher for more than 1 cubic foot?

[Skinnyguts]

I say just lill em. Anyone who breaks any law whatsoever for any reason just get shot on site, right now.  Leavr it up to the cop to just shoot whoever he wants. That way no one will be left to break laws. Then the "good guys" can get on with being productive in life rather than spending thier lives trying to figure out how to take more from people who earned it.

I am sure you have broken some petty law that hardly anybody even knows about, lets start with you.

[CementFinisher]

is this the littering while hunting thing or does it apply to everyone?

[bigtex]

is this the littering while hunting thing or does it apply to everyone?

Everyone. It's the current law.

[Gopher]

What about littering dangerous material....lit cigs, glass, etc.   $1025 fine for that one!

[CementFinisher]

all for it 

[bigtex]

100% in favor, Washington is the most littered state in the northwest, no excuse for it. LEO should emphasize writing tickets for littering.

And prosecutors should actually prosecute those who litter in an amount of criminal statutes. It's not right that someone can go out and dump their entire bed of their pickup which under state law is a gross misdemeanor, but only be given the ticket for under a cubic foot of litter simply because the county prosecutor doesn't want to spend the $ on criminal littering cases.

Perhaps the language of this bill should be modified so that the level of offense is lower to make it easier for prosecutors but the fine is much higher for more than 1 cubic foot?

Here's the current law (RCW 70.93.060)
-Littering under a cubic foot $103 citation (under this bill it would be $410)
-Littering over a cubic foot, but less than a cubic yard is a misdemeanor which means the prosecutor must be involved
-Littering over a cubic yard is a gross misdemeanor which means the prosecutor must be involved
-Littering items that are potentially dangerous is a $1,025 citation

My idea/proposal would raise the penalty for the under a cubic foot offense, as well as decriminalizing the 1 cubic foot-yard offense. By decriminalizing this offense it would make the offense a ticket which means the prosecutor doesn't get involved. I propose making this offense a $1,025 citation similar to littering items that are potentially dangerous.

If we start to decriminalize some of these important but lesser offenses it makes it easier for officers to actually handle them. In my view, if it is basically unheard of for someone to get jail time for an offense, then the offense shouldn't be a crime but rather an infraction (ticket). I highly doubt someone will go to jail for littering under a cubic yard (or at all), fishing without a license, using a rake on a huckleberry bush, and the list goes on. But as of right now these are all criminal offenses which require prosecutor support. If you decriminalize those offenses it makes officers actually able to write tickets for them, as well as decrease the amount of backlog of cases in the prosecutors office. You can even decriminalize them and institute a minimum fine, such as this bill does with littering under a cubic foot.

[SemperFidelis97]

I am all for this.  Anyone who owns rural property knows all about cleaning up after the jackwagons who go out to the "country" to dump their trash.  I honestly believe if there was more effort by the prosecutors to go after these guys it would not be the issue it is. 

[CAMPMEAT]

I've been told Idaho has a garbage pickup tax in thier property taxes, so that's why there is very little garbage/litter in that state.

[Gopher]

So, what happens if I guy doesn't pay that infraction?  Send it to a collection agency?  No consequence like if he doesn't pay a traffic ticket and they suspend his driver's license.  Ignore a criminal ticket and you get a warrant issued for your ass.

[bowbuild]

100% in favor, Washington is the most littered state in the northwest, no excuse for it. LEO should emphasize writing tickets for littering.

And prosecutors should actually prosecute those who litter in an amount of criminal statutes. It's not right that someone can go out and dump their entire bed of their pickup which under state law is a gross misdemeanor, but only be given the ticket for under a cubic foot of litter simply because the county prosecutor doesn't want to spend the $ on criminal littering cases.

Perhaps the language of this bill should be modified so that the level of offense is lower to make it easier for prosecutors but the fine is much higher for more than 1 cubic foot?

Here's the current law (RCW 70.93.060)
-Littering under a cubic foot $103 citation (under this bill it would be $410)
-Littering over a cubic foot, but less than a cubic yard is a misdemeanor which means the prosecutor must be involved
-Littering over a cubic yard is a gross misdemeanor which means the prosecutor must be involved
-Littering items that are potentially dangerous is a $1,025 citation

My idea/proposal would raise the penalty for the under a cubic foot offense, as well as decriminalizing the 1 cubic foot-yard offense. By decriminalizing this offense it would make the offense a ticket which means the prosecutor doesn't get involved. I propose making this offense a $1,025 citation similar to littering items that are potentially dangerous.

If we start to decriminalize some of these important but lesser offenses it makes it easier for officers to actually handle them. In my view, if it is basically unheard of for someone to get jail time for an offense, then the offense shouldn't be a crime but rather an infraction (ticket). I highly doubt someone will go to jail for littering under a cubic yard (or at all), fishing without a license, using a rake on a huckleberry bush, and the list goes on. But as of right now these are all criminal offenses which require prosecutor support. If you decriminalize those offenses it makes officers actually able to write tickets for them, as well as decrease the amount of backlog of cases in the prosecutors office. You can even decriminalize them and institute a minimum fine, such as this bill does with littering under a cubic foot.

Can you define litter for us? Is grass clippings litter?? Would a gum wrapper your 5 yr. old throws out a car window fit your $1025 fine? If you shoot a deer and can't retrieve it because the landowner won't let you, could you be charged with littering? Just because he/she doesn't let you retrieve it, doesn't mean they wanted it there. Let's not forget we may have a lead ball or arrow on his/her land as well. Just curious.