S-4318               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 4897

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Senate Committee on Judiciary (originally sponsored by Senators Bender, Newhouse and Bottiger)

Read first time 2/7/86.

AN ACT Relating to process servers; amending RCW 2.28.100, 9A.36.030, and 9A.52.090; and prescribing penalties.

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

        Sec. 1.  Section 2, chapter 51, Laws of 1927 as amended by section 1, chapter 54, Laws of 1933 and RCW 2.28.100 are each amended to read as follows:

          No court shall be open, nor shall any judicial business be transacted, on a legal holiday, except:

          (1) To give, upon their request, instructions to a jury when deliberating on their verdict;

          (2) To receive the verdict of a jury;

          (3) For the exercise of the powers of a magistrate in a criminal action, or in a proceeding of a criminal nature;

          (4) For hearing applications for and issuing writs of habeas corpus, injunction, prohibition and attachment;

(5) For the issuance of any process or subpoena not requiring immediate judicial or court action, and the service thereof.

          The governor, in declaring any legal holiday, in his discretion, may provide in his proclamation that such holiday shall not be applicable to the courts of or within the state.

        Sec. 2.  Section 9A.36.030, chapter 260, Laws of 1975 1st ex. sess. as last amended by section 1, chapter 140, Laws of 1982 and RCW 9A.36.030 are each amended to read as follows:

          (1) Every person who, under circumstances not amounting to assault in either the first or second degree, shall be guilty of assault in the third degree when he:

          (a) With intent to prevent or resist the execution or service of any lawful process or mandate or with the intent to commit an assault upon one who has presently attempted or effected the execution or service of any lawful process or mandate including civil service and subpoena of any court officer or other person or the lawful apprehension or detention of himself or another person shall assault another; or

          (b) With criminal negligence, shall cause physical injury to another person by means of a weapon or other instrument or thing likely to produce bodily harm; or

          (c) Assaults a person employed as a transit operator or driver by a public or private transit company while that person is operating or is in control of a vehicle owned or operated by the transit company.

          (2) Assault in the third degree is a class C felony.

        Sec. 3.  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 which includes any document required or allowed to be served upon persons or property, by any statute, rule, ordinance, regulation, or court order, excluding delivery by the mails of the United States.  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.