Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Public Safety Committee

HB 1252

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: Concerning crime committed by business entities.

Sponsors: Representatives Pellicciotti, Klippert, Dolan, Valdez, Orwall, Pollet, Riccelli, Goodman, Kilduff, Bergquist, Robinson, Doglio, Macri, Appleton, Hudgins, Peterson, Fitzgibbon, Stonier, Lovick, Jinkins, Tharinger, Stanford, Senn, Leavitt, Slatter, Chapman, Frame, Fey and Wylie.

Brief Summary of Bill

  • Modifies corporate criminal liability standards to include other specified business entities.

  • Increases maximum fines for crimes committed by business entities.

Hearing Date: 1/21/19

Staff: Kelly Leonard (786-7147).

Background:

Crimes Committed by Corporations. The Washington State Criminal Code (Criminal Code) contains criminal standards for corporate liability. In the Criminal Code, a "corporation" includes any joint stock association. A "high managerial agent" means an officer or director of a corporation or any other agent in a position of comparable authority with respect to the formulation of corporate policy or the supervision in a managerial capacity of subordinate employees.

A corporation is guilty of an offense when one of the following applies:

An individual is criminally liable for conduct constituting an offense which he or she performs or causes to be performed in the name of or on behalf of a corporation to the same extent as if such conduct were performed in his or her own name or on his or her behalf. In addition, whenever a duty to act is legally imposed upon a corporation, any agent who knows he or she has or shares primary responsibility for the duty is criminally liable for a reckless or, if a high managerial agent, criminally negligent omission to perform the required act to the same extent as if the duty were imposed directly upon the agent.

Every corporation convicted of criminal conspiracy to commit any offense forfeits the right to do business in Washington. The Attorney General is required to conduct proceedings to enforce the requirement relating to forfeiture of business rights.

Classification of Crimes and Fines. Crimes are classified as misdemeanors, gross misdemeanors, or felonies. The classification of a crime generally determines the maximum term of confinement (prison or jail) and/or fine for an offense. For each classification, the maximum terms of confinement and maximum fines are as follows:

Classification

Maximum Confinement

Maximum Fine

Misdemeanor

90 days

$1,000

Gross Misdemeanor

364 days

$5,000

Class C Felony

5 years

$10,000

Class B Felony

10 years

$20,000

Class A Felony

Life

$50,000

When a person is convicted of a felony, the Sentencing Reform Act applies and determines a specific range of confinement for the offender within the statutory maximum.

Other maximum fines are established for corporations convicted of crimes in some circumstances. If a prescribed penalty is unable to be executed or enforced against a corporation, the maximum fines are as follows:

Classification

Maximum Fine

Misdemeanor

$500

Gross Misdemeanor

$1,000

Felony

$10,000

If a corporation is found guilty of an offense and the court imposes a fine, the judgment is enforced in the same manner as a civil judgment.

Summary of Bill:

The criminal liability standards for corporations are modified to include business entities. "Business entity" includes any domestic entity formed under or governed as to its internal affairs by specified statutes, or any foreign business entity formed under or governed as to its internal affairs by the laws of a jurisdiction other than this state. Business entities governed by the specified statutes include all of those under Titles 23, 23B, and 25 RCW, and chapter 24.06 RCW, including business corporations, limited liability companies, partnerships, limited partnerships, mutual corporations, miscellaneous corporations, cooperative associations, employee cooperative associations, and Massachusetts Trusts.

The fines established for corporations convicted of offenses are expanded to include business entities. The maximum thresholds for fines are increased. Except where a special fine for business entities is expressly specified for an offense, the maximum fines for business entities are as follows:

Classification

Maximum Fine

Misdemeanor

$50,000

Gross Misdemeanor

$250,000

Class C Felony

$500,000

Class B Felony

$750,000

Class A Felony

$1,000,000

A business entity convicted of an offense may be ordered to pay legal financial obligations (LFOs), including restitution, crime victims' assessments, costs, fines, penalties, and other assessments authorized or required by law. Legal financial obligations bear interest from the date of the judgment until payment at the rate applicable to civil judgments. Payments on LFOs must be distributed to restitution prior to all other obligations. Payments must be collected and distributed according to current requirements applicable to LFOs imposed as a result of a criminal conviction.

Appropriation: None.

Fiscal Note: Requested on January 18, 2019.

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