Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Public Safety & Emergency Preparedness Committee

HB 2660

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Establishing the crime of rendering aggravated criminal assistance in the first degree involving murder in the first degree of a peace officer.

Sponsors: Representatives Hope, O'Brien, Klippert, Condotta, Pearson, Roach, Simpson, Campbell, Kelley, McCune, Morrell and Warnick.

Brief Summary of Bill

  • Creates a new crime called Rendering Aggravated Criminal Assistance in the first degree.

Hearing Date: 1/27/10

Staff: Yvonne Walker (786-7841).

Background:

A person commits the crime of Rendering Criminal Assistance if the person, in any of a variety of ways, tries to hinder the apprehension or prosecution of a person who has committed an offense.

The ways in which a person may commit the crime include the following:  harboring or concealing the offender; warning the offender of impending apprehension; giving the offender money, transportation, or disguise; committing an act of force, threat, or deception to prevent apprehension; concealing, altering, or destroying physical evidence; and giving the offender a weapon.

Rendering Criminal Assistance in the first degree is a seriousness level V, class C felony offense if the person is not related to the offender and the crime the offender committed or is being sought for is a class A felony.  The crime is a gross misdemeanor when the person is related to the offender. 

Rendering Criminal Assistance in the second degree is a gross misdemeanor offense if the person is not related to the offender and the crime the offender committed or is being sought for is a class B or C felony offense or a violation of parole, probation, or community supervision.  If the person is a relative of the offender then the crime of Rendering Criminal Assistance is a misdemeanor offense.

Rendering Criminal Assistance in the third degree is a misdemeanor offense if the person renders criminal assistance to a person who has committed a gross misdemeanor or misdemeanor offense.

A "relative" is defined as a person who is related as: husband, wife, brother, sister, parent, grandparent, child, grandchild, step-child, or step-parent to the person to whom criminal assistance is rendered.

Summary of Bill:

A new crime called Rendering Aggravated Criminal Assistance in the first degree is created.

A person commits Rendering Aggravated Criminal Assistance if he or she renders criminal assistance to a person who has committed or is being sought for Murder in the first degree of a peace officer and if convicted, the offender would become a persistent offender under the Three Strikes or Two Strikes and You're Out Law. Rendering Aggravating Criminal Assistance is an unranked class B felony offense unless the person is related to the person being sought for Murder in which case the offense is an unranked class C felony offense.

The maximum penalty for any person convicted of an unranked felony is one-year in jail. The sentence may also include community service, legal financial obligations, a term of community supervision not to exceed one-year and a fine.

Appropriation: None.

Fiscal Note: Requested on January 21, 2010.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.