5671-S AMH JUDI H2604.1

SSB 5671 - H COMM AMD ADOPTED 04/13/99

By Committee on Judiciary

    Strike everything after the enacting clause and insert the following:

    "Sec. 1.  RCW 9.05.030 and 1992 c 7 s 2 are each amended to read as follows:

    Whenever two or more persons assemble for the purpose of ((advocating or teaching the doctrines of criminal anarchy)) committing criminal sabotage, as defined in RCW ((9.05.010)) 9.05.060, such an assembly is unlawful, and every person voluntarily and knowingly participating therein by his or her presence, aid, or instigation, shall be punished by imprisonment in a state correctional facility for not more than ten years, or by a fine of not more than five thousand dollars, or both.

    Sec. 2.  RCW 9.05.060 and 1919 c 173 s 1 are each amended to read as follows:

(1) Whoever, with intent that his or her act shall, or with reason to believe that it may, injure, interfere with, interrupt, supplant, nullify, impair, or obstruct the owner's or operator's management, operation, or control of any agricultural, stockraising, lumbering, mining, quarrying, fishing, manufacturing, transportation, mercantile, or building enterprise, or any other public or private business or commercial enterprise, wherein ((persons are)) any person is employed for wage, shall willfully ((injure)) damage or destroy, or attempt or threaten to ((injure)) damage or destroy, any property whatsoever, or shall ((wilfully derange, or attempt or threaten to derange,)) unlawfully take or retain, or attempt or threaten unlawfully to take or retain, possession or control of any property, instrumentality, machine, mechanism, or appliance used in such business or enterprise, shall be guilty of criminal sabotage.

(2) Criminal sabotage is a felony.

    Sec. 3.  RCW 9.05.090 and 1919 c 173 s 4 are each amended to read as follows:

    RCW 9.05.030 and 9.05.060 ((through 9.05.080)) shall not be construed to repeal or amend any existing penal statute.

NEW SECTION. Sec. 4.  The following acts or parts of acts are each repealed:

(1) RCW 9.05.010 (Criminal anarchy defined) and 1941 c 215 s 1, 1909 c 249 s 310, & 1903 c 45 s 1;

(2) RCW 9.05.020 (Advocating criminal anarchy--Penalty) and 1992 c 7 s 1, 1941 c 215 s 2, 1909 c 249 s 311, & 1903 c 45 s 2;

(3) RCW 9.05.040 (Permitting premises to be used for assemblages of anarchists) and 1909 c 249 s 315;

(4) RCW 9.05.050 (Evidence--Self-incrimination) and 1909 c 249 s 316;

(5) RCW 9.05.070 (Interference with owner's control) and 1919 c 173 s 2;

(6) RCW 9.05.080 (Penalty for advocating sabotage) and 1919 c 173 s 3;

(7) RCW 9.05.100 (Displaying emblems of seditious and anarchistic groups) and 1919 c 181 s 1;

(8) RCW 9.05.110 (Possession of emblems unlawful) and 1919 c 181 s 2;

(9) RCW 9.05.120 (Penalty) and 1919 c 181 s 3;

(10) RCW 9.05.130 (Searches and seizures) and 1919 c 181 s 4;

(11) RCW 9.05.140 (Exceptions) and 1919 c 181 s 5;

(12) RCW 9.05.150 (Publishing matter inciting breach of peace) and 1909 c 249 s 312; and

(13) RCW 9.05.160 (Liability of editors and others) and 1909 c 249 s 313 & 1905 c 45 s 3."

    Correct the title.

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