HOUSE BILL REPORT

                  SB 5039

 

             As Reported By House Committee On:

                        Law & Justice

 

Title:  An act relating to luring.

 

Brief Description:  Clarifying the elements of the crime of luring.

 

Sponsors:  Senator Fairley.

 

Brief History:

  Committee Activity:

Law & Justice:  3/17/95, 3/21/95 [DPA].

 

HOUSE COMMITTEE ON LAW & JUSTICE

 

Majority Report:  Do pass as amended.  Signed by 16 members:  Representatives Padden, Chairman; Hickel, Vice Chairman; Appelwick, Ranking Minority Member; Costa, Assistant Ranking Minority Member; Campbell; Carrell; Chappell; Cody; Lambert; McMahan; Morris; Robertson; Sheahan; Smith; Thibaudeau and Veloria.

 

Staff:  Pat Shelledy (786-7149).

 

Background:  The crime of luring is committed if, without the parent's or guardian's consent, a stranger orders or lures a minor or a person with a developmental disability into a motor vehicle or into a structure that is obscured from or inaccessible to the public.   A minor is child under age 16.  Luring is a class C felony.

 

Summary of Amended Bill:  The elements of the crime of luring are expanded to include luring a minor or a person with a developmental disability into any area that is obscured from or inaccessible to the public, whether or not the area is a structure.

 

Amended Bill Compared to Substitute Bill:  Reference to "developmentally disabled person" is changed to "person with a developmental disability."

 

Appropriation:  None.

 

Fiscal Note:  Not requested.

 

Effective Date of Amended Bill:  Ninety days after adjournment of session in which bill is passed.

 

Testimony For:  The state has been unable to prosecute some cases of luring because the person did not take the child into a "structure" or "motor vehicle" but tried to lure the child into an enclosed area obscured from view.

 

Testimony Against:  None.

 

Testified:  Senator Fairley, prime sponsor (pro); Mike Patrick and Detective Tim Wear, Washington State Council of Police Officers (pro); and Bill Sellars, Washington Assembly for Citizens with Disabilities (pro, with concerns).