H-3180              _______________________________________________

                                                   HOUSE BILL NO. 1586

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Representatives Armstrong, Appelwick, Fisch, Padden, Brough, Sanders, Isaacson and P. King

Read first time 1/20/86 and referred to Committee on Judiciary.

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

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 for a court proceeding.  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.