H-1661              _______________________________________________

                                                    HOUSE BILL NO. 994

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Locke, Winsley, D. Nelson, Lux, Brekke and Long

Read first time 2/8/85 and referred to Committee on Judiciary.

AN ACT Relating to shoplifting; and amending RCW 4.24.230.

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

        Sec. 1.  Section 1, chapter 59, Laws of 1975 1st ex. sess. as last amended by section 1, chapter 126, Laws of 1981 and RCW 4.24.230 are each amended to read as follows:

          (1) An adult or emancipated minor who takes possession of any goods, wares, or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner or seller, and with the intention of converting such goods, wares, or merchandise to his own use without having paid the purchase price thereof shall be liable in addition to actual damages, for a penalty to the owner or seller in the amount of the retail value thereof not to exceed one thousand dollars, plus an additional penalty of not less than one hundred dollars nor more than two hundred dollars.  A customer who orders a meal in a restaurant or other eating establishment, receives at least a portion thereof, and then leaves without paying, is subject to liability under this section.

          (2) The parent or legal guardian having the custody of an unemancipated minor who takes possession of any goods, wares, or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment without the consent of the owner or seller and with the intention of converting such goods, wares, or merchandise to his own use without having paid the purchase price thereof, shall be liable as a penalty to the owner or seller for the retail value of such goods, wares, or merchandise not to exceed five hundred dollars plus an additional penalty of not less than one hundred dollars nor more than two hundred dollars.  The parent or legal guardian having the custody of an unemancipated minor, who orders a meal in a restaurant or other eating establishment, receives at least a portion thereof, and then leaves without paying, is subject to liability under this section.  For the purposes of this subsection, liability shall not be imposed upon any governmental entity or private agency which has been assigned responsibility for the minor child pursuant to court order or action of the department of social and health services.

          (3) Judgments, but not claims, arising under this section may be assigned.

          (4) A conviction for violation of chapter 9A.56 RCW shall not be a condition precedent to maintenance of a civil action authorized by this section, however if there is a criminal proceeding payment of a penalty shall not occur prior to a civil adjudication.

(5) Before payment of any penalty under this section, the alleged offender shall be given notice that:

(a) Payment is not required absent a civil court order requiring payment of a penalty; and

(b) Payment of a civil penalty whether or not pursuant to a civil court order shall not affect any criminal proceeding.