H-4378              _______________________________________________

                                          SUBSTITUTE HOUSE BILL NO. 1586

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By House Committee on Judiciary (originally sponsored by Representatives Armstrong, Appelwick, Fisch, Padden, Brough, Sanders, Isaacson and P. King)

Read first time 2/3/86 and passed to Committee on Rules.

AN ACT Relating to service of process; and amending RCW 9A.52.090 and 9A.52.010.

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

        Sec. 1.  Section 9A.52.090, chapter 260, Laws of 1975 1st ex. sess. and RCW 9A.52.090 are each amended to read as follows:

          In any prosecution under RCW 9A.52.070 and 9A.52.080, it is a defense that:

          (1) A building involved in an offense under RCW 9A.52.070 was abandoned; or

          (2) The premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or

          (3) The actor reasonably believed that the owner of the premises, or other person empowered to license access thereto, would have licensed him to enter or remain; or

(4) The actor was attempting to serve legal process.  This defense applies only if the actor did not enter into a private residence or other building not open to the public and the entry onto the premises was reasonable and necessary for service of the legal process.

        Sec. 2.  Section 1, chapter 289, Laws of 1985 and RCW 9A.52.010 are each amended to read as follows:

          The following definitions apply in this chapter:

          (1) "Premises" includes any building, dwelling, structure used for commercial aquaculture, or any real property;

          (2) "Enter".  The word "enter" when constituting an element or part of a crime, shall include the entrance of the person, or the insertion of any part of his body, or any instrument or weapon held in his hand and used or intended to be used to threaten or intimidate a person or to detach or remove property;

          (3) "Enters or remains unlawfully".  A person "enters or remains unlawfully" in or upon premises when he is not then licensed, invited, or otherwise privileged to so enter or remain.

          A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of a building which is not open to the public.  A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner.  Land that is used for commercial aquaculture or for growing an agricultural crop or crops, other than timber, is not unimproved and apparently unused land if a crop or any other sign of cultivation is clearly visible or if notice is given by posting in a conspicuous manner.  Similarly, a field fenced in any manner is not unimproved and apparently unused land;

          (4) "Data" means a representation of information, knowledge, facts, concepts, or instructions that are being prepared or have been prepared in a formalized manner and are intended for use in a computer;

          (5) "Computer program" means an ordered set of data representing coded instructions or statements that when executed by a computer cause the computer to process data;

          (6) "Access" means to approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of a computer, directly or by electronic means;

(7) "Legal process" means any document required or allowed to be served upon persons or property by any statute, court rule, ordinance, regulation, or court order.