S-0437.4
SENATE BILL 5310
State of Washington
67th Legislature
2021 Regular Session
BySenators Holy, Dozier, Fortunato, Padden, Rivers, Schoesler, Van De Wege, and Wilson, L.
Read first time 01/20/21.Referred to Committee on Law & Justice.
AN ACT Relating to combatting violence, disorder, and looting while ensuring protection for law enforcement; amending RCW 9A.36.031, 9A.46.020, 9.94A.515, 9A.84.010, 9A.48.090, 82.14.310, and 82.14.320; reenacting and amending RCW 46.61.250; adding a new section to chapter 9A.82 RCW; adding a new section to chapter 46.61 RCW; adding a new section to chapter 9A.84 RCW; adding new sections to chapter 35.21 RCW; adding new sections to chapter 36.01 RCW; creating new sections; prescribing penalties; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION.  Sec. 1. This act may be known and cited as the combatting violence, disorder, and looting and law enforcement protection act.
NEW SECTION.  Sec. 2. The legislature finds that government exists, in part, to secure rights and equal justice for all citizens, while at the same time maintain social order. Statutory and common law vests in the state the police powers essential to the preservation of social order, which it has delegated to local governments. For example, in Chicago v. Sturges, 222 U.S. 313 (1911), the United States supreme court held that liability may exist when a local government fails to protect property destroyed by unpeaceful protests, riots, or mob violence. The legislature intends to hold local governments responsible when they willfully fail to discharge their delegated power to maintain social order. The legislature further finds that law enforcement officers and first responders are vital public servants who put their lives at risk for the betterment of their community and that intentionally withdrawing or reducing these services leads to increases in violent crime and decreases in overall public safety.
Sec. 3. RCW 9A.36.031 and 2013 c 256 s 1 are each amended to read as follows:
(1) A person is guilty of assault in the third degree if he or she, under circumstances not amounting to assault in the first or second degree:
(a) With intent to prevent or resist the execution of any lawful process or mandate of any court officer or the lawful apprehension or detention of himself, herself, or another person, assaults another; or
(b) Assaults a person employed as a transit operator or driver, the immediate supervisor of a transit operator or driver, a mechanic, or a security officer, by a public or private transit company or a contracted transit service provider, while that person is performing his or her official duties at the time of the assault; or
(c) Assaults a school bus driver, the immediate supervisor of a driver, a mechanic, or a security officer, employed by a school district transportation service or a private company under contract for transportation services with a school district, while the person is performing his or her official duties at the time of the assault; or
(d) With criminal negligence, causes bodily harm to another person by means of a weapon or other instrument or thing likely to produce bodily harm; or
(e) Assaults a firefighter or other employee of a fire department, county fire marshal's office, county fire prevention bureau, or fire protection district who was performing his or her official duties at the time of the assault; or
(f) With criminal negligence, causes bodily harm accompanied by substantial pain that extends for a period sufficient to cause considerable suffering; or
(g) Assaults a law enforcement officer or other employee of a law enforcement agency who was performing his or her official duties at the time of the assault; or
(h) Assaults a peace officer with a projectile stun gun; or
(i) Assaults a nurse, physician, or health care provider who was performing his or her nursing or health care duties at the time of the assault. For purposes of this subsection: "Nurse" means a person licensed under chapter 18.79 RCW; "physician" means a person licensed under chapter 18.57 or 18.71 RCW; and "health care provider" means a person certified under chapter 18.71 or 18.73 RCW who performs emergency medical services or a person regulated under Title 18 RCW and employed by, or contracting with, a hospital licensed under chapter 70.41 RCW; or
(j) Assaults a judicial officer, court-related employee, county clerk, or county clerk's employee, while that person is performing his or her official duties at the time of the assault or as a result of that person's employment within the judicial system. For purposes of this subsection, "court-related employee" includes bailiffs, court reporters, judicial assistants, court managers, court managers' employees, and any other employee, regardless of title, who is engaged in equivalent functions; or
(k) Assaults a person located in a courtroom, jury room, judge's chamber, or any waiting area or corridor immediately adjacent to a courtroom, jury room, or judge's chamber. This section shall apply only: (i) During the times when a courtroom, jury room, or judge's chamber is being used for judicial purposes during court proceedings; and (ii) if signage was posted in compliance with RCW 2.28.200 at the time of the assault.
(2) Assault in the third degree is a class C felony.
(3) Notwithstanding any other provision of law, a person convicted of assaulting a law enforcement officer in furtherance of a riot or unlawful assembly prohibited under chapter 9A.84 RCW must be sentenced to a minimum term of total confinement of 180 days.
Sec. 4. RCW 9A.46.020 and 2011 c 64 s 1 are each amended to read as follows:
(1) A person is guilty of harassment if:
(a) Without lawful authority, the person knowingly threatens:
(i) To cause bodily injury immediately or in the future to the person threatened or to any other person; or
(ii) To cause physical damage to the property of a person other than the actor; or
(iii) To subject the person threatened or any other person to physical confinement or restraint; or
(iv) Maliciously to do any other act which is intended to substantially harm the person threatened or another with respect to his or her physical or mental health or safety; and
(b) The person by words or conduct places the person threatened in reasonable fear that the threat will be carried out. "Words or conduct" includes, in addition to any other form of communication or conduct, the sending of an electronic communication.
(2)(a) Except as provided in (b) of this subsection, a person who harasses another is guilty of a gross misdemeanor.
(b) A person who harasses another is guilty of a class C felony if any of the following apply: (i) The person has previously been convicted in this or any other state of any crime of harassment, as defined in RCW 9A.46.060, of the same victim or members of the victim's family or household or any person specifically named in a no-contact or no-harassment order; (ii) the person harasses another person under subsection (1)(a)(i) of this section by threatening to kill the person threatened or any other person; (iii) the person harasses a criminal justice participant who is performing his or her official duties at the time the threat is made; ((or)) (iv) the person harasses a criminal justice participant because of an action taken or decision made by the criminal justice participant during the performance of his or her official duties; or (v)(A) the person would not be capable of harassing another person unless the person crossed state lines within the previous 10 days; and (B) the harassment occurs in a place of public accommodation or private residence. For the purposes of (b)(iii) and (iv) of this subsection, the fear from the threat must be a fear that a reasonable criminal justice participant would have under all the circumstances. Threatening words do not constitute harassment if it is apparent to the criminal justice participant that the person does not have the present and future ability to carry out the threat.
(3) Any criminal justice participant who is a target for threats or harassment prohibited under subsection (2)(b)(iii) or (iv) of this section, and any family members residing with him or her, shall be eligible for the address confidentiality program created under RCW 40.24.030.
(4) For purposes of this section, a criminal justice participant includes any (a) federal, state, or local law enforcement agency employee; (b) federal, state, or local prosecuting attorney or deputy prosecuting attorney; (c) staff member of any adult corrections institution or local adult detention facility; (d) staff member of any juvenile corrections institution or local juvenile detention facility; (e) community corrections officer, probation, or parole officer; (f) member of the indeterminate sentence review board; (g) advocate from a crime victim/witness program; or (h) defense attorney.
(5) The penalties provided in this section for harassment do not preclude the victim from seeking any other remedy otherwise available under law.
Sec. 5. RCW 9.94A.515 and 2020 c 344 s 4 are each amended to read as follows:
 
TABLE 2
 
 
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
 
XVI
Aggravated Murder 1 (RCW 10.95.020)
 
XV
Homicide by abuse (RCW 9A.32.055)
 
 
Malicious explosion 1 (RCW 70.74.280(1))
 
 
Murder 1 (RCW 9A.32.030)
 
XIV
Murder 2 (RCW 9A.32.050)
 
 
Trafficking 1 (RCW 9A.40.100(1))
 
XIII
Malicious explosion 2 (RCW 70.74.280(2))
 
 
Malicious placement of an explosive 1 (RCW 70.74.270(1))
 
XII
Assault 1 (RCW 9A.36.011)
 
 
Assault of a Child 1 (RCW 9A.36.120)
 
 
Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))
 
 
Promoting Commercial Sexual Abuse of a Minor (RCW 9.68A.101)
 
 
Rape 1 (RCW 9A.44.040)
 
 
Rape of a Child 1 (RCW 9A.44.073)
 
 
Trafficking 2 (RCW 9A.40.100(3))
 
XI
Manslaughter 1 (RCW 9A.32.060)
 
 
Rape 2 (RCW 9A.44.050)
 
 
Rape of a Child 2 (RCW 9A.44.076)
 
 
Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)
 
 
Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)
 
X
Child Molestation 1 (RCW 9A.44.083)
 
 
Criminal Mistreatment 1 (RCW 9A.42.020)
 
 
Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))
 
 
Kidnapping 1 (RCW 9A.40.020)
 
 
Leading Organized Crime (RCW 9A.82.060(1)(a))
 
 
Malicious explosion 3 (RCW 70.74.280(3))
 
 
Sexually Violent Predator Escape (RCW 9A.76.115)
 
IX
Abandonment of Dependent Person 1 (RCW 9A.42.060)
 
 
Assault of a Child 2 (RCW 9A.36.130)
 
 
Explosive devices prohibited (RCW 70.74.180)
 
 
Hit and Run—Death (RCW 46.52.020(4)(a))
 
 
Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 79A.60.050)
 
 
Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))
 
 
Malicious placement of an explosive 2 (RCW 70.74.270(2))
 
 
Robbery 1 (RCW 9A.56.200)
 
 
Sexual Exploitation (RCW 9.68A.040)
 
VIII
Arson 1 (RCW 9A.48.020)
 
 
Commercial Sexual Abuse of a Minor (RCW 9.68A.100)
 
 
Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050)
 
 
Manslaughter 2 (RCW 9A.32.070)
 
 
Promoting Prostitution 1 (RCW 9A.88.070)
 
 
Theft of Ammonia (RCW 69.55.010)
 
VII
Air bag diagnostic systems (causing bodily injury or death) (RCW 46.37.660(2)(b))
 
 
Air bag replacement requirements (causing bodily injury or death) (RCW 46.37.660(1)(b))
 
 
Burglary 1 (RCW 9A.52.020)
 
 
Child Molestation 2 (RCW 9A.44.086)
 
 
Civil Disorder Training (RCW 9A.48.120)
 
 
Dealing in depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.050(1))
 
 
Drive-by Shooting (RCW 9A.36.045)
 
 
False Reporting 1 (RCW 9A.84.040(2)(a))
 
 
Homicide by Watercraft, by disregard for the safety of others (RCW 79A.60.050)
 
 
Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))
 
 
Introducing Contraband 1 (RCW 9A.76.140)
 
 
Malicious placement of an explosive 3 (RCW 70.74.270(3))
 
 
Manufacture or import counterfeit, nonfunctional, damaged, or previously deployed air bag (causing bodily injury or death) (RCW 46.37.650(1)(b))
 
 
Negligently Causing Death By Use of a Signal Preemption Device (RCW 46.37.675)
 
 
Sell, install, or reinstall counterfeit, nonfunctional, damaged, or previously deployed airbag (RCW 46.37.650(2)(b))
 
 
Sending, bringing into state depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.060(1))
 
 
Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1))
 
 
Use of a Machine Gun or Bump-fire Stock in Commission of a Felony (RCW 9.41.225)
 
 
Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)
 
VI
Bail Jumping with Murder 1 (RCW 9A.76.170(3)(a))
 
 
Bribery (RCW 9A.68.010)
 
 
Incest 1 (RCW 9A.64.020(1))
 
 
Intimidating a Judge (RCW 9A.72.160)
 
 
Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)
 
 
Leading an Organized Riot and Display Deadly Weapon During Commission (section 6(2)(a) of this act)
 
 
Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))
 
 
Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.070(1))
 
 
Rape of a Child 3 (RCW 9A.44.079)
 
 
Theft of a Firearm (RCW 9A.56.300)
 
 
Theft from a Vulnerable Adult 1 (RCW 9A.56.400(1))
 
 
Unlawful Storage of Ammonia (RCW 69.55.020)
 
V
Abandonment of Dependent Person 2 (RCW 9A.42.070)
 
 
Advancing money or property for extortionate extension of credit (RCW 9A.82.030)
 
 
Air bag diagnostic systems (RCW 46.37.660(2)(c))
 
 
Air bag replacement requirements (RCW 46.37.660(1)(c))
 
 
Assault 3 (of a Law Enforcement Officer or Employee and Assault 3 of a Peace Officer with a Projectile Stun Gun) (RCW 9A.36.031(1) (g) and (h))
 
 
Bail Jumping with class A Felony (RCW 9A.76.170(3)(b))
 
 
Child Molestation 3 (RCW 9A.44.089)
 
 
Criminal Mistreatment 2 (RCW 9A.42.030)
 
 
Custodial Sexual Misconduct 1 (RCW 9A.44.160)
 
 
Dealing in Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.050(2))
 
 
Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26B.050, 26.50.110, 26.52.070, or 74.34.145)
 
 
Extortion 1 (RCW 9A.56.120)
 
 
Extortionate Extension of Credit (RCW 9A.82.020)
 
 
Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)
 
 
Incest 2 (RCW 9A.64.020(2))
 
 
Kidnapping 2 (RCW 9A.40.030)
 
 
Leading an Organized Riot (section 6 of this act except subsection (2)(b))
 
 
Manufacture or import counterfeit, nonfunctional, damaged, or previously deployed air bag (RCW 46.37.650(1)(c))
 
 
Perjury 1 (RCW 9A.72.020)
 
 
Persistent prison misbehavior (RCW 9.94.070)
 
 
Possession of a Stolen Firearm (RCW 9A.56.310)
 
 
Rape 3 (RCW 9A.44.060)
 
 
Rendering Criminal Assistance 1 (RCW 9A.76.070)
 
 
Sell, install, or reinstall counterfeit, nonfunctional, damaged, or previously deployed airbag (RCW 46.37.650(2)(c))
 
 
Sending, Bringing into State Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.060(2))
 
 
Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
 
 
Sexually Violating Human Remains (RCW 9A.44.105)
 
 
Stalking (RCW 9A.46.110)
 
 
Taking Motor Vehicle Without Permission 1 (RCW 9A.56.070)
 
IV
Arson 2 (RCW 9A.48.030)
 
 
Assault 2 (RCW 9A.36.021)
 
 
((Assault 3 (of a Peace Officer with a Projectile Stun Gun) (RCW 9A.36.031(1)(h))))
 
 
Assault 4 (third domestic violence offense) (RCW 9A.36.041(3))
 
 
Assault by Watercraft (RCW 79A.60.060)
 
 
Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)
 
 
Cheating 1 (RCW 9.46.1961)
 
 
Commercial Bribery (RCW 9A.68.060)
 
 
Counterfeiting (RCW 9.16.035(4))
 
 
Driving While Under the Influence (RCW 46.61.502(6))
 
 
Endangerment with a Controlled Substance (RCW 9A.42.100)
 
 
Escape 1 (RCW 9A.76.110)
 
 
Harassment Crossing State Lines and in Place of Public Accommodation or Private Residence (RCW 9A.46.020(2)(b)(v))
 
 
Hate Crime (RCW 9A.36.080)
 
 
Hit and Run—Injury (RCW 46.52.020(4)(b))
 
 
Hit and Run with Vessel—Injury Accident (RCW 79A.60.200(3))
 
 
Identity Theft 1 (RCW 9.35.020(2))
 
 
Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010)
 
 
Influencing Outcome of Sporting Event (RCW 9A.82.070)
 
 
Physical Control of a Vehicle While Under the Influence (RCW 46.61.504(6))
 
 
Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.070(2))
 
 
Residential Burglary (RCW 9A.52.025)
 
 
Robbery 2 (RCW 9A.56.210)
 
 
Theft of Livestock 1 (RCW 9A.56.080)
 
 
Threats to Bomb (RCW 9.61.160)
 
 
Trafficking in Stolen Property 1 (RCW 9A.82.050)
 
 
Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(b))
 
 
Unlawful transaction of health coverage as a health care service contractor (RCW 48.44.016(3))
 
 
Unlawful transaction of health coverage as a health maintenance organization (RCW 48.46.033(3))
 
 
Unlawful transaction of insurance business (RCW 48.15.023(3))
 
 
Unlicensed practice as an insurance professional (RCW 48.17.063(2))
 
 
Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))
 
 
Vehicle Prowling 2 (third or subsequent offense) (RCW 9A.52.100(3))
 
 
Vehicular Assault, by being under the influence of intoxicating liquor or any drug, or by the operation or driving of a vehicle in a reckless manner (RCW 46.61.522)
 
 
Viewing of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.075(1))
 
 
Willful Failure to Return from Furlough (RCW 72.66.060)
 
III
Animal Cruelty 1 (Sexual Conduct or Contact) (RCW 16.52.205(3))
 
 
Assault 3 (Except Assault 3 of a Law Enforcement Officer or Employee and Peace Officer With a Projectile Stun Gun) (RCW 9A.36.031 except subsection (1)(g) and (h))
 
 
Assault of a Child 3 (RCW 9A.36.140)
 
 
Bail Jumping with class B or C Felony (RCW 9A.76.170(3)(c))
 
 
Burglary 2 (RCW 9A.52.030)
 
 
Communication with a Minor for Immoral Purposes (RCW 9.68A.090)
 
 
Criminal Gang Intimidation (RCW 9A.46.120)
 
 
Custodial Assault (RCW 9A.36.100)
 
 
Cyberstalking (subsequent conviction or threat of death) (RCW 9.61.260(3))
 
 
Escape 2 (RCW 9A.76.120)
 
 
Extortion 2 (RCW 9A.56.130)
 
 
False Reporting 2 (RCW 9A.84.040(2)(b))
 
 
Harassment (RCW 9A.46.020 except subsection (2)(b)(v))
 
 
Intimidating a Public Servant (RCW 9A.76.180)
 
 
Introducing Contraband 2 (RCW 9A.76.150)
 
 
Malicious Injury to Railroad Property (RCW 81.60.070)
 
 
Manufacture of Untraceable Firearm with Intent to Sell (RCW 9.41.190)
 
 
Manufacture or Assembly of an Undetectable Firearm or Untraceable Firearm (RCW 9.41.325)
 
 
Mortgage Fraud (RCW 19.144.080)
 
 
Negligently Causing Substantial Bodily Harm By Use of a Signal Preemption Device (RCW 46.37.674)
 
 
Organized Retail Theft 1 (RCW 9A.56.350(2))
 
 
Perjury 2 (RCW 9A.72.030)
 
 
Possession of Incendiary Device (RCW 9.40.120)
 
 
Possession of Machine Gun, Bump-Fire Stock, Undetectable Firearm, or Short-Barreled Shotgun or Rifle (RCW 9.41.190)
 
 
Promoting Prostitution 2 (RCW 9A.88.080)
 
 
Retail Theft with Special Circumstances 1 (RCW 9A.56.360(2))
 
 
Rioting (section 9 of this act)
 
 
Securities Act violation (RCW 21.20.400)
 
 
Tampering with a Witness (RCW 9A.72.120)
 
 
Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230(2))
 
 
Theft of Livestock 2 (RCW 9A.56.083)
 
 
Theft with the Intent to Resell 1 (RCW 9A.56.340(2))
 
 
Trafficking in Stolen Property 2 (RCW 9A.82.055)
 
 
Unlawful Hunting of Big Game 1 (RCW 77.15.410(3)(b))
 
 
Unlawful Imprisonment (RCW 9A.40.040)
 
 
Unlawful Misbranding of Fish or Shellfish 1 (RCW 77.140.060(3))
 
 
Unlawful possession of firearm in the second degree (RCW 9.41.040(2))
 
 
Unlawful Taking of Endangered Fish or Wildlife 1 (RCW 77.15.120(3)(b))
 
 
Unlawful Trafficking in Fish, Shellfish, or Wildlife 1 (RCW 77.15.260(3)(b))
 
 
Unlawful Use of a Nondesignated Vessel (RCW 77.15.530(4))
 
 
Vehicular Assault, by the operation or driving of a vehicle with disregard for the safety of others (RCW 46.61.522)
 
 
Willful Failure to Return from Work Release (RCW 72.65.070)
 
II
Commercial Fishing Without a License 1 (RCW 77.15.500(3)(b))
 
 
Computer Trespass 1 (RCW 9A.90.040)
 
 
Counterfeiting (RCW 9.16.035(3))
 
 
Electronic Data Service Interference (RCW 9A.90.060)
 
 
Electronic Data Tampering 1 (RCW 9A.90.080)
 
 
Electronic Data Theft (RCW 9A.90.100)
 
 
Engaging in Fish Dealing Activity Unlicensed 1 (RCW 77.15.620(3))
 
 
Escape from Community Custody (RCW 72.09.310)
 
 
Failure to Register as a Sex Offender (second or subsequent offense) (RCW 9A.44.130 prior to June 10, 2010, and RCW 9A.44.132)
 
 
Health Care False Claims (RCW 48.80.030)
 
 
Identity Theft 2 (RCW 9.35.020(3))
 
 
Improperly Obtaining Financial Information (RCW 9.35.010)
 
 
Malicious Mischief 1 (RCW 9A.48.070)
 
 
Organized Retail Theft 2 (RCW 9A.56.350(3))
 
 
Possession of Stolen Property 1 (RCW 9A.56.150)
 
 
Possession of a Stolen Vehicle (RCW 9A.56.068)
 
 
Retail Theft with Special Circumstances 2 (RCW 9A.56.360(3))
 
 
Scrap Processing, Recycling, or Supplying Without a License (second or subsequent offense) (RCW 19.290.100)
 
 
Theft 1 (RCW 9A.56.030)
 
 
Theft of a Motor Vehicle (RCW 9A.56.065)
 
 
Theft of Rental, Leased, Lease-purchased, or Loaned Property (valued at five thousand dollars or more) (RCW 9A.56.096(5)(a))
 
 
Theft with the Intent to Resell 2 (RCW 9A.56.340(3))
 
 
Trafficking in Insurance Claims (RCW 48.30A.015)
 
 
Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(a))
 
 
Unlawful Participation of Non-Indians in Indian Fishery (RCW 77.15.570(2))
 
 
Unlawful Practice of Law (RCW 2.48.180)
 
 
Unlawful Purchase or Use of a License (RCW 77.15.650(3)(b))
 
 
Unlawful Trafficking in Fish, Shellfish, or Wildlife 2 (RCW 77.15.260(3)(a))
 
 
Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))
 
 
Voyeurism 1 (RCW 9A.44.115)
 
I
Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)
 
 
Criminal Mischief (RCW 9A.84.010)
 
 
False Verification for Welfare (RCW 74.08.055)
 
 
Forgery (RCW 9A.60.020)
 
 
Fraudulent Creation or Revocation of a Mental Health Advance Directive (RCW 9A.60.060)
 
 
Malicious Mischief 2 (RCW 9A.48.080)
 
 
Malicious Mischief 3 Armed with Deadly Weapon During Commission (RCW 9A.48.090(2)(b))
 
 
Mineral Trespass (RCW 78.44.330)
 
 
Obstructing a Highway (section 8 of this act)
 
 
Possession of Stolen Property 2 (RCW 9A.56.160)
 
 
Reckless Burning 1 (RCW 9A.48.040)
 
 
Spotlighting Big Game 1 (RCW 77.15.450(3)(b))
 
 
Suspension of Department Privileges 1 (RCW 77.15.670(3)(b))
 
 
Taking Motor Vehicle Without Permission 2 (RCW 9A.56.075)
 
 
Theft 2 (RCW 9A.56.040)
 
 
Theft from a Vulnerable Adult 2 (RCW 9A.56.400(2))
 
 
Theft of Rental, Leased, Lease-purchased, or Loaned Property (valued at seven hundred fifty dollars or more but less than five thousand dollars) (RCW 9A.56.096(5)(b))
 
 
Transaction of insurance business beyond the scope of licensure (RCW 48.17.063)
 
 
Unlawful Fish and Shellfish Catch Accounting (RCW 77.15.630(3)(b))
 
 
Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)
 
 
Unlawful Possession of Fictitious Identification (RCW 9A.56.320)
 
 
Unlawful Possession of Instruments of Financial Fraud (RCW 9A.56.320)
 
 
Unlawful Possession of Payment Instruments (RCW 9A.56.320)
 
 
Unlawful Possession of a Personal Identification Device (RCW 9A.56.320)
 
 
Unlawful Production of Payment Instruments (RCW 9A.56.320)
 
 
Unlawful Releasing, Planting, Possessing, or Placing Deleterious Exotic Wildlife (RCW 77.15.250(2)(b))
 
 
Unlawful Trafficking in Food Stamps (RCW 9.91.142)
 
 
Unlawful Use of Food Stamps (RCW 9.91.144)
 
 
Unlawful Use of Net to Take Fish 1 (RCW 77.15.580(3)(b))
 
 
Unlawful Use of Prohibited Aquatic Animal Species (RCW 77.15.253(3))
 
 
Vehicle Prowl 1 (RCW 9A.52.095)
 
 
Violating Commercial Fishing Area or Time 1 (RCW 77.15.550(3)(b))
 
NEW SECTION.  Sec. 6. A new section is added to chapter 9A.82 RCW to read as follows:
(1) A person commits the offense of leading an organized riot by:
(a) Intentionally organizing, managing, directing, supervising, or financing any three or more persons with the intent to promote the accomplishment of a pattern of criminal mischief, harassment, or destruction of property; or
(b) Intentionally inciting or inducing others to engage in violence or intimidation with the intent to further or promote the accomplishment of a pattern of behavior which causes injury or substantial risk of injury to another person.
(2)(a) Except as provided in (b) of this subsection, leading an organized riot is a class C felony.
(b) Leading an organized riot is a class B felony when the person is armed with a deadly weapon and uses the deadly weapon in commission of the crime by intentionally displaying the deadly weapon in an intimidating or threatening manner during the riot.
Sec. 7. RCW 46.61.250 and 2019 c 403 s 9 and 2019 c 214 s 14 are each reenacted and amended to read as follows:
(1) Where sidewalks are provided and are accessible, it is unlawful for any pedestrian to walk or otherwise move along and upon an adjacent roadway. Where sidewalks are provided but wheelchair access is not available, persons with disabilities who require such access may walk or otherwise move along and upon an adjacent roadway until they reach an access point in the sidewalk.
(2) Where sidewalks are not provided or are inaccessible, a pedestrian walking or otherwise moving along and upon a highway, and any personal delivery device moving along and upon a highway, shall:
(a) When shoulders are provided and are accessible, walk or move on the shoulder of the roadway as far as is practicable from the edge of the roadway, facing traffic when a shoulder is available in this direction; or
(b) When shoulders are not provided or are inaccessible, walk or move as near as is practicable to the outside edge of the roadway facing traffic, and when practicable, move clear of the roadway upon meeting an oncoming vehicle.
(3) A pedestrian traveling to the nearest emergency reporting device on a one-way roadway of a controlled access highway is not required to travel facing traffic as otherwise required by subsection (2) of this section.
NEW SECTION.  Sec. 8. A new section is added to chapter 46.61 RCW to read as follows:
(1) A person is guilty of obstructing a highway if the person, acting with three or more other persons:
(a) Having no privilege to do so, recklessly, intentionally, or knowingly obstructs the passage of motor vehicles on a highway; or
(b) After receiving a verbal warning to disperse by a peace officer, intentionally obstructs the passage of motor vehicles on a highway.
(2) For purposes of this section, "obstruct" means to render impassable or to render passage unreasonably inconvenient or hazardous.
(3) Obstructing a highway under this section is a class C felony.
(4) A person lawfully operating a motor vehicle on a highway is not liable for civil damages for injuries sustained to persons or property while reasonably attempting to avoid or flee a person who was obstructing a highway at the time of the injury.
NEW SECTION.  Sec. 9. A new section is added to chapter 9A.84 RCW to read as follows:
(1) A person is guilty of the crime of rioting if, acting with seven or more persons, he or she knowingly and unlawfully participates in an assembly and causes damage to property or injury to other persons or there are acts of conduct within that group which create a substantial risk of causing injury to any person, or substantial harm to property.
(2)(a) Except as provided in (b) of this subsection, the crime of rioting is a gross misdemeanor.
(b) The crime of rioting is a class C felony if the person is armed with a deadly weapon during the commission of the crime and uses the deadly weapon to cause damage to property or injury to other persons.
Sec. 10. RCW 9A.84.010 and 2013 c 20 s 1 are each amended to read as follows:
(1) A person is guilty of the crime of criminal mischief if, acting with three or more other persons, he or she knowingly and unlawfully uses or threatens to use force, or in any way participates in the use of such force, against any other person or against property.
(2)(a) Except as provided in (b) of this subsection, the crime of criminal mischief is a ((gross misdemeanor))class C felony.
(b) The crime of criminal mischief is a class ((C))B felony if the actor is armed with a deadly weapon and uses the deadly weapon to threaten or intimidate during the commission of the crime.
Sec. 11. RCW 9A.48.090 and 2009 c 431 s 6 are each amended to read as follows:
(1) A person is guilty of malicious mischief in the third degree if he or she:
(a) Knowingly and maliciously causes physical damage to the property of another, under circumstances not amounting to malicious mischief in the first or second degree; or
(b) Writes, paints, or draws any inscription, figure, or mark of any type on any public or private building or other structure or any real or personal property owned by any other person unless the person has obtained the express permission of the owner or operator of the property, under circumstances not amounting to malicious mischief in the first or second degree.
(2) ((Malicious))(a) Except as provided in (b) of this subsection, malicious mischief in the third degree is a gross misdemeanor.
(b) Malicious mischief in the third degree is a class C felony if the person is armed with a deadly weapon and uses the deadly weapon to cause damage to property during the commission of the crime.
NEW SECTION.  Sec. 12. A new section is added to chapter 35.21 RCW to read as follows:
(1) Political subdivisions, including cities and towns, are prohibited from intentionally withdrawing law enforcement and fire and rescue services for indefinite periods of time, in specifically bounded areas, within their local jurisdiction.
(2) Any political subdivision that violates subsection (1) of this section may be liable for the loss of life, injury, theft, damage, or destruction of property resulting from any riot or unlawful assembly of persons engaged in disturbing the public peace if the police, or other proper authorities, have not exercised reasonable care or diligence in the prevention or suppression of such riot or assembly. In addition to other actual damages, damages may include loss of business or right of enjoyment for the failure to maintain public safety in public rights-of-way.
(3) In addition to any other remedies and sanctions provided in this section for a violation of subsection (1) of this section, based on a judicial finding or legislative determination, a political subdivision may be subject to a fine of $10,000 per day until its services are brought into compliance.
NEW SECTION.  Sec. 13. A new section is added to chapter 35.21 RCW to read as follows:
(1) Cities with a population of more than 50,000 inhabitants must maintain a law enforcement-to-inhabitant ratio of at least one law enforcement officer for each 1,000 inhabitants.
(2) Any city with a population of 50,000 or more that violates subsection (1) of this section may be liable for the loss of life, injury, theft, damage, or destruction of property resulting from any riot or unlawful assembly of persons engaged in disturbing the public peace if the police, or other proper authorities, have not exercised reasonable care or diligence in the prevention or suppression of such riot or assembly. In addition to other actual damages, damages may include loss of business or right of enjoyment for the failure to maintain public safety in public rights-of-way.
(3) In addition to any other remedies and sanctions provided in this section for a violation of subsection (1) of this section, based on a judicial finding or legislative determination, a city with a population of 50,000 or more may be subject to a fine of $10,000 per day until its services are brought into compliance.
NEW SECTION.  Sec. 14. A new section is added to chapter 36.01 RCW to read as follows:
(1) Political subdivisions, including counties, are prohibited from intentionally withdrawing law enforcement and fire and rescue services for indefinite periods of time, in specifically bounded areas, within their local jurisdiction.
(2) Any political subdivision that violates subsection (1) of this section may be liable for the loss of life, injury, theft, damage, or destruction of property resulting from any riot or unlawful assembly of persons engaged in disturbing the public peace if the police, or other proper authorities, have not exercised reasonable care or diligence in the prevention or suppression of such riot or assembly. In addition to other actual damages, damages may include loss of business or right of enjoyment for the failure to maintain public safety in public rights-of-way.
(3) In addition to any other remedies and sanctions provided in this section for a violation of subsection (1) of this section, based on a judicial finding or legislative determination, a political subdivision may be subject to a fine of $10,000 per day until its services are brought into compliance.
NEW SECTION.  Sec. 15. A new section is added to chapter 36.01 RCW to read as follows:
(1) Counties with a population of greater than 30,000 inhabitants must maintain a law enforcement-to-inhabitant ratio of at least one law enforcement officer for each 1,000 inhabitants.
(2) Any county with a population greater than 30,000 inhabitants that violates subsection (1) of this section may be liable for the loss of life, injury, theft, damage, or destruction of property resulting from any riot or unlawful assembly of persons engaged in disturbing the public peace if the police, or other proper authorities, have not exercised reasonable care or diligence in the prevention or suppression of such riot or assembly. In addition to other actual damages, damages may include loss of business or right of enjoyment for the failure to maintain public safety in public rights-of-way.
(3) In addition to any other remedies and sanctions provided herein for a violation of subsection (1) of this section, based on a judicial finding or legislative determination, a county with a population greater than 30,000 inhabitants may be subject to a fine of $10,000 per day until its services are brought into compliance.
Sec. 16. RCW 82.14.310 and 2019 c 415 s 988 are each amended to read as follows:
(1) The county criminal justice assistance account is created in the state treasury. Beginning in fiscal year 2000, the state treasurer must transfer into the county criminal justice assistance account from the general fund the sum of twenty-three million two hundred thousand dollars divided into four equal deposits occurring on July 1, October 1, January 1, and April 1. For each fiscal year thereafter, the state treasurer must increase the total transfer by the fiscal growth factor, as defined in RCW 43.135.025, forecast for that fiscal year by the office of financial management in November of the preceding year.
(2) The moneys deposited in the county criminal justice assistance account for distribution under this section, less any moneys appropriated for purposes under subsections (4) and (5) of this section, must be distributed at such times as distributions are made under RCW 82.44.150 and on the relative basis of each county's funding factor as determined under this subsection.
(a) A county's funding factor is the sum of:
(i) The population of the county, divided by one thousand, and multiplied by two-tenths;
(ii) The crime rate of the county, multiplied by three-tenths; and
(iii) The annual number of criminal cases filed in the county superior court, for each one thousand in population, multiplied by five-tenths.
(b) Under this section and RCW 82.14.320 and 82.14.330:
(i) The population of the county or city is as last determined by the office of financial management;
(ii) The crime rate of the county or city is the annual occurrence of specified criminal offenses, as calculated in the most recent annual report on crime in Washington state as published by the Washington association of sheriffs and police chiefs, for each one thousand in population;
(iii) The annual number of criminal cases filed in the county superior court must be determined by the most recent annual report of the courts of Washington, as published by the administrative office of the courts;
(iv) Distributions and eligibility for distributions in the 1989-1991 biennium must be based on 1988 figures for both the crime rate as described under (ii) of this subsection and the annual number of criminal cases that are filed as described under (iii) of this subsection. Future distributions must be based on the most recent figures for both the crime rate as described under (ii) of this subsection and the annual number of criminal cases that are filed as described under (iii) of this subsection.
(3) Moneys distributed under this section must be expended exclusively for criminal justice purposes and may not be used to replace or supplant existing funding. Criminal justice purposes are defined as activities that substantially assist the criminal justice system, which may include circumstances where ancillary benefit to the civil or juvenile justice system occurs, and which includes (a) domestic violence services such as those provided by domestic violence programs, community advocates, and legal advocates, as defined in RCW 70.123.020, and (b) during the 2001-2003 fiscal biennium, juvenile dispositional hearings relating to petitions for at-risk youth, truancy, and children in need of services. Existing funding for purposes of this subsection is defined as calendar year 1989 actual operating expenditures for criminal justice purposes. Calendar year 1989 actual operating expenditures for criminal justice purposes exclude the following: Expenditures for extraordinary events not likely to reoccur, changes in contract provisions for criminal justice services, beyond the control of the local jurisdiction receiving the services, and major nonrecurring capital expenditures.
(4) Not more than five percent of the funds deposited to the county criminal justice assistance account may be available for appropriations for enhancements to the state patrol crime laboratory system and the continuing costs related to these enhancements. Funds appropriated from this account for such enhancements may not supplant existing funds from the state general fund.
(5) During the 2017-2019 fiscal biennium, the sum of one hundred fifty-three thousand dollars, and during the 2019-2021 fiscal biennium, the sum of five hundred ten thousand dollars, may be appropriated for the Washington state patrol to provide investigative assistance and report services to assist local law enforcement agencies to prosecute criminals. It is the intent of the legislature that this policy will be continued in subsequent fiscal biennia.
(6) If a county is found, based on a valid judicial finding or legislative determination, to be in violation of section 14 of this act, the county shall lose one-half of its share of the county criminal justice assistance account for up to one year, to begin at the commencement of the next fiscal year, or until its services are brought into compliance.
(7) If a county with a population greater than 30,000 inhabitants is found, based on a valid judicial finding or legislative determination, to have intentionally set or maintained a law enforcement-to-inhabitant ratio of a less than one full-time law enforcement officer per 1,000 inhabitants, in violation of section 15 of this act, the county shall lose up to one-half of its share of the county criminal justice assistance account for up to one year, to begin at the commencement of the fiscal year, or until services are brought into compliance.
Sec. 17. RCW 82.14.320 and 2011 1st sp.s. c 50 s 971 are each amended to read as follows:
(1) The municipal criminal justice assistance account is created in the state treasury. Beginning in fiscal year 2000, the state treasurer must transfer into the municipal criminal justice assistance account for distribution under this section from the general fund the sum of four million six hundred thousand dollars divided into four equal deposits occurring on July 1, October 1, January 1, and April 1. For each fiscal year thereafter, the state treasurer must increase the total transfer by the fiscal growth factor, as defined in RCW 43.135.025, forecast for that fiscal year by the office of financial management in November of the preceding year.
(2) No city may receive a distribution under this section from the municipal criminal justice assistance account unless:
(a) The city has a crime rate in excess of one hundred twenty-five percent of the statewide average as calculated in the most recent annual report on crime in Washington state as published by the Washington association of sheriffs and police chiefs;
(b) The city has levied the tax authorized in RCW 82.14.030(2) at the maximum rate or the tax authorized in RCW 82.46.010(3) at the maximum rate; and
(c) The city has a per capita yield from the tax imposed under RCW 82.14.030(1) at the maximum rate of less than one hundred fifty percent of the statewide average per capita yield for all cities from such local sales and use tax.
(3) The moneys deposited in the municipal criminal justice assistance account for distribution under this section, less any moneys appropriated for purposes under subsection (7) of this section, must be distributed at such times as distributions are made under RCW 82.44.150. The distributions must be made as follows:
(a) Unless reduced by this subsection, thirty percent of the moneys must be distributed ratably based on population as last determined by the office of financial management to those cities eligible under subsection (2) of this section that have a crime rate determined under subsection (2)(a) of this section which is greater than one hundred seventy-five percent of the statewide average crime rate. No city may receive more than fifty percent of any moneys distributed under this subsection (a) but, if a city distribution is reduced as a result of exceeding the fifty percent limitation, the amount not distributed must be distributed under (b) of this subsection.
(b) The remainder of the moneys, including any moneys not distributed in subsection (2)(a) of this section, must be distributed to all cities eligible under subsection (2) of this section ratably based on population as last determined by the office of financial management.
(4) No city may receive more than thirty percent of all moneys distributed under subsection (3) of this section.
(5) Notwithstanding other provisions of this section, the distributions to any city that substantially decriminalizes or repeals its criminal code after July 1, 1990, and that does not reimburse the county for costs associated with criminal cases under RCW 3.50.800 or 3.50.805(2), must be made to the county in which the city is located.
(6) Moneys distributed under this section must be expended exclusively for criminal justice purposes and may not be used to replace or supplant existing funding. Criminal justice purposes are defined as activities that substantially assist the criminal justice system, which may include circumstances where ancillary benefit to the civil justice system occurs, and which includes domestic violence services such as those provided by domestic violence programs, community advocates, and legal advocates, as defined in RCW 70.123.020, and publications and public educational efforts designed to provide information and assistance to parents in dealing with runaway or at-risk youth. Existing funding for purposes of this subsection is defined as calendar year 1989 actual operating expenditures for criminal justice purposes. Calendar year 1989 actual operating expenditures for criminal justice purposes exclude the following: Expenditures for extraordinary events not likely to reoccur, changes in contract provisions for criminal justice services, beyond the control of the local jurisdiction receiving the services, and major nonrecurring capital expenditures.
(7) Not more than five percent of the funds deposited to the municipal criminal justice assistance account may be available for appropriations for enhancements to the state patrol crime laboratory system and the continuing costs related to these enhancements. Funds appropriated from this account for such enhancements may not supplant existing funds from the state general fund.
(8) During the 2011-2013 fiscal biennium, the amount that would otherwise be transferred into the municipal criminal justice assistance account from the general fund under subsection (1) of this section must be reduced by 3.4 percent.
(9) If a city is found, based on a valid judicial finding or legislative determination, to be in violation of section 12 of this act, the city shall lose one-half of its share of the municipal criminal justice assistance account for one year, to begin at the commencement of the next fiscal year, or until its services are brought into compliance.
(10) If a city with a population greater than 50,000 inhabitants is found, based on a valid judicial finding or legislative determination, to have intentionally set or maintained a law enforcement-to-inhabitant ratio of a less than one full-time law enforcement officer per 1,000 inhabitants, in violation of section 13 of this act, the city shall lose up to one-half of its share of the municipal criminal justice assistance account for up to one year, to begin at the commencement of the fiscal year, or until services are brought into compliance.
NEW SECTION.  Sec. 18. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.
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