H-3321              _______________________________________________

 

                                                   HOUSE BILL NO. 1464

                        _______________________________________________

 

State of Washington                              49th Legislature                              1986 Regular Session

 

By Representatives Patrick, Brough and Padden

 

 

Read first time 1/15/86 and referred to Committee on Judiciary.

 

 


AN ACT Relating to bigamy; reenacting and amending RCW 9A.04.080; and amending RCW 9A.64.010.

 

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

 

        Sec. 1.  Section 9A.04.080, chapter 260, Laws of 1975 1st ex. sess. as last amended by section 1, chapter 186, Laws of 1985 and by section 19, chapter 455, Laws of 1985 and RCW 9A.04.080 are each reenacted and amended to read as follows:

          Prosecutions for the offenses of murder, and arson where death ensues, may be commenced at any period after the commission of the offense; for offenses the punishment of which may be imprisonment in a state correctional institution, committed by any public officer in connection with the duties of his office or constituting a breach of his public duty or a violation of his oath of office, and arson where death does not ensue, within ten years after their commission; for violations of RCW 9A.44.070, 9A.44.080, and 9A.44.100(1)(b), within seven years after their commission; for violations of RCW 9A.82.060 or 9A.82.080, within six years after their commission; for bigamy, within three years of the time specified in RCW 9A.64.010;  for all other offenses the punishment of which may be imprisonment in a state correctional institution, within three years after their commission; two years for gross misdemeanors; and for all other offenses, within one year after their commission:  PROVIDED, That any length of time during which the party charged was not usually and publicly resident within this state shall not be reckoned within the one, two, three, six, seven, and ten years respectively:  AND FURTHER PROVIDED, That where an indictment has been found, or complaint or an information filed, within the time limited for the commencement of a criminal action, if the indictment, complaint, or information be set aside, the time of limitation shall be extended by the length of time from the time of filing of such indictment, complaint, or information, to the time such indictment, complaint, or information was set aside.

 

        Sec. 2.  Section 9A.64.010, chapter 260, Laws of 1975 1st ex. sess. and RCW 9A.64.010 are each amended to read as follows:

          (1) A person is guilty of bigamy if he intentionally marries or purports to marry another person when either person has a living spouse.

          (2) In any prosecution under this section, it is a defense that at the time of the subsequent marriage or purported marriage:

          (a) The actor reasonably believed that the prior spouse was dead; or

          (b) A court had entered a judgment purporting to terminate or annul any prior disqualifying marriage and the actor did not know that such judgment was invalid; or

          (c) The actor reasonably believed that he was legally eligible to marry.

          (3) The limitation imposed by RCW 9A.04.080 on commencing a prosecution for bigamy shall not begin to run until the death of the prior or subsequent spouse of the actor or until a court enters a judgment terminating or annulling the prior or subsequent marriage.

          (4) Bigamy is a class C felony.