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                                          ENGROSSED SENATE BILL NO. 5744

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State of Washington                              50th Legislature                              1987 Regular Session

 

By Senators West and Talmadge

 

 

Read first time 2/9/87 and referred to Committee on Judiciary.

 

 


AN ACT Relating to violent civil disorders; adding a new section to chapter 9.41 RCW; creating new sections; and prescribing penalties.

 

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

 

          NEW SECTION.  Sec. 1.     As we approach 1989, the one hundredth anniversary of Washington becoming a state in the Union, the legislature reaffirms the commitment of the people of this state to upholding the rights guaranteed to every citizen of this state and nation in both the Constitution of the state of Washington and the Constitution of the United States.  Freedom of speech, the right of the people to peaceably assemble for the common good, and absolute freedom of conscience in all matters of religious sentiment, belief, and worship are cornerstones of our democracy and actions by private individuals or governmental entities interfering with these precious liberties cannot be condoned.  Terrorist actions by persons such as cross burnings or organized paramilitary activities designed to threaten or intimidate are often directed at citizens of this state who are Jewish, Hispanic, Black, Asian, or belong to other minorities.  Such actions desecrate the precious constitutional rights of every citizen of this state and threaten our freedom.

          The legislature recognizes the dedication of the citizens of this state in preserving the rights of each and every citizen of this state to peacefully coexist and the responsibility of each citizen to uphold the Constitution of the state of Washington and the Constitution of the United States.  The legislature finds that actions violating these rights are repugnant to the people of this state.

 

          NEW SECTION.  Sec. 2.  A new section is added to chapter 9.41 RCW to read as follows:

          (1) A person who teaches, exhibits, or demonstrates to any other person the use, application, or manufacture of any firearm, explosive, or incendiary device, or any technique capable of causing injury or death to persons, knowing that the same is intended to be unlawfully employed for violent use in furtherance of a civil disorder directed against any person, group, institution, or property, shall be guilty of a class C felony under chapter 9A.20 RCW.

          (2) A person who assembles with one or more persons for training, practicing, or instruction in the use, application, or manufacture of any firearm, explosive, or incendiary device, or any technique capable of causing injury or death to persons intending that the same will be unlawfully employed for violent use in furtherance of a civil disorder directed against any person, group, institution, or property, shall be guilty of a class C felony under chapter 9A.20 RCW.

          (3) Nothing contained in this section makes unlawful any act of any law enforcement officer which is performed in the lawful performance of the law enforcement officer's official duties.  Nothing contained in this section makes unlawful any activity of the game department, or any law enforcement agency, or any hunting club, rifle club, rifle range, pistol range, shooting range, or other program or individual instruction intended to teach the safe handling or use of firearms, archery equipment, crossbows, knives, or other weapons or techniques employed in connection with lawful sports, or any activity intended to teach or practice self-defense or self-defense techniques or other lawful activities.

          (4) As used in this section the following terms have the meanings indicated unless the context clearly requires otherwise:

          (a) "Civil disorder" means any public disturbance involving acts of violence by assemblages of three or more persons, which acts cause an immediate danger of or result in damage or injury to the property or person of any other individual;

          (b) "Firearm", in addition to the meaning under RCW 9.41.010, means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive; or the frame or receiver of any such weapon.  "Firearm" does not mean any emergency signaling device such as a flare gun.

          (c) "Explosive or incendiary device" means:

          (i) Dynamite and all other forms of high explosives;

          (ii) Any explosive bomb, grenade, missile, or similar device; and

          (iii) Any incendiary bomb or grenade, fire bomb, or similar device, including any device which consists of or includes a breakable container including a flammable liquid or compound, and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound, and can be carried or thrown by one individual acting alone.

 

          NEW SECTION.  Sec. 3.     (1) A select committee is hereby created to study the activities and influence of groups in this state that advocate and teach methods of violence in furtherance of civil disorder.

          (2) The committee shall be composed of eight members as follows:  Two members shall be selected from the majority caucus of the senate and two members shall be selected from the minority caucus of the senate by the president, two members shall be selected from the majority caucus of the house of representatives and two members shall be selected from the minority caucus of the house of representatives by the speaker.

          (3) The select committee shall report its findings to the legislature by January 15, 1988.