AN ACT Relating to the crime of swarming; amending RCW 9A.84.010 and 9A.84.030; adding a new section to chapter 9A.84 RCW; creating new sections; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. This act may be known and cited as the antiswarming act.

NEW SECTION. Sec. 2. Concerning creating the crime of swarming, the legislature finds that in recent years an increasingly common occurrence during public protests or demonstrations has been for crowds of protesters to block or otherwise obstruct or impede the flow of vehicular traffic on public streets and highways. Such obstruction also occurs in parking lots or other private properties, in which crowds of demonstrators will surround an automobile to hamper or prevent its movement. These obstructions are often accompanied by threats to drivers seeking passage through the protest area, and sometimes by physical attacks on automobiles or even on their drivers and passengers. The legislature finds such blockages, especially when accompanied by threats or physical attacks, can be traumatic and frightening to drivers and passengers in the targeted vehicles. Swarming actions can also be dangerous to the protesters involved, as drivers attempt to escape from the protest and in the process may cause bodily injury or even death to the protesters. In the interest of public safety, including the safety of both protesters and drivers, the legislature intends to prevent such actions and prohibit protesters from unlawfully blocking vehicular passage on public roadways or in commercial parking lots and to provide for criminal and civil penalties for violating this act.

NEW SECTION. Sec. 3. A new section is added to chapter 9A.84 RCW to read as follows:

(1) No person or group of persons, whether acting singly or in concert, may knowingly engage in the practice of swarming a motor vehicle.

(2)(a) Swarming is a gross misdemeanor.

(b) If the offender has a previous conviction for swarming, the offense is a class C felony.

(c) These penalties shall be in addition to the penalty for any other crime or crimes of which the person has been or may be convicted, including without limitation any civil penalties awarded under subsection (3) of this section.

(3)(a) All persons proven to have knowingly participated in a swarming shall be liable for any damages that arise from an act of swarming.

(b) Conviction of swarming shall constitute prima facie evidence of responsibility for any such damage or injury, but such conviction shall not be necessary to establish proof of liability.

(c) The court shall assess damages using joint and several liability among all named persons participating in the same swarming incident, and suit therefore, may be brought against any or all of such named persons, but recovery may be sought from any one or more of them.

(d) No defense of contributory negligence shall be permitted in such a lawsuit, nor shall there be permitted any set-off against injuries which might have occurred to the defendants during such incident.

(e) Jurisdiction for such lawsuit shall lie in the superior court of the county in which the swarming incident occurred, or the county in which the plaintiff resides, or the county of residence of any of the defendants.

(4)(a) 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 participating in an act of swarming under this section at the time of the injury.

(b) A person shall not be immune from criminal prosecution or civil liability if the actions leading to the injury were willful or wanton.

(c) (a) of this subsection shall not apply if the injured person participating in a protest or demonstration was doing so with a valid permit allowing persons to protest or demonstrate on the public street or highway where the injury occurred.

(5)(a) "Swarming" means one or more persons who, while participating in a protest or demonstration, whether or not having received a permit therefore, knowingly approach, surround, block, attack, threaten, or otherwise unlawfully impede or attempt to impede the lawful progress of a motor vehicle.

(b) "Progress of a motor vehicle" means movement of a motor vehicle, on a public street or highway, which is then open to traffic; or entering or attempting to enter onto or exit from a public street or highway, which is then open to traffic, whether to or from another public street or highway or to or from private property; or on, into, or through private property if such property is a parking lot for a commercial business establishment, or if the owner or any person in lawful possession or control thereof has verbally instructed such persons or in case of an emergency vehicle, uses sirens, bullhorns, or other means, to the persons swarming to permit free vehicular passage.

Sec. 4. 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.

(b) The crime of criminal mischief is a class C felony if the actor is armed with a deadly weapon.

(b) A person shall not be immune from criminal prosecution or civil liability if the actions leading to the injury were willful or wanton.

Sec. 5. RCW 9A.84.030 and 2007 c 2 s 1 are each amended to read as follows:

(1) A person is guilty of disorderly conduct if the person:

(a) Uses abusive language and thereby intentionally creates a risk of assault;

(b) Intentionally disrupts any lawful assembly or meeting of persons without lawful authority;

(d)(i) Intentionally engages in fighting or in tumultuous conduct or makes unreasonable noise, within five hundred feet of:

(A) The location where a funeral or burial is being performed;

(B) A funeral home during the viewing of a deceased person;

(C) A funeral procession, if the person described in this subsection (1)(d) knows that the funeral procession is taking place; or

(D) A building in which a funeral or memorial service is being conducted; and

(ii) Knows that the activity adversely affects the funeral, burial, viewing, funeral procession, or memorial service.

(2) Disorderly conduct is a misdemeanor.

(3)(a) 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 violating subsection (1)(c) of this section or was participating in an act of swarming under section 3 of this act at the time of the injury.

(b) A person shall not be immune from criminal prosecution or civil liability if the actions leading to the injury were willful or wanton.

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