HOUSE BILL REPORT

SB 5480

BYSenators Pullen, Fleming, Talmadge, Smitherman, McCaslin, Nelson, Niemi, Madsen, Rinehart and Lee

Clarifying the crime of malicious harassment.

House Committe on Judiciary

Majority Report:  Do pass with amendments.  (12)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Belcher, Brough, Dellwo, Inslee, P. King, Locke, R. Meyers, H. Myers, Scott and Wineberry.

Minority Report:  Do not pass.  (7)

      Signed by Representatives Padden, Ranking Republican Member; Hargrove, Moyer, Patrick, Schmidt, D. Sommers and Tate.

House Staff:Pat Shelledy (786-7149)

AS PASSED HOUSE APRIL 11, 1989

BACKGROUND:

A defendant is guilty of malicious harassment if the defendant, with intent to intimidate or harass a victim because of the victim's race, color, religion, ancestry, national origin, or handicap, causes injury to the victim's person or property, or; by words or conduct, places the victim in reasonable fear of harm to the victim's or a third person's person or property.

Critical, insulting, or deprecatory words or actions do not constitute malicious harassment if the words or actions do not contain threats of harm. The law does not specify particular acts or words that constitute threats of harm.

SUMMARY:

The definition of malicious harassment is expanded to clarify that the defendant's motivation must be reasonably related to, but not solely because of, the victim's race, color, religion, ancestry, national origin, or handicap.

Specific examples of acts or words that constitute threats of harm are listed, including cross burning and depicting on the victim's property, symbols that historically connote hatred or threats.  Cross burning or defacement of property of the victim or a third person with symbols or words that historically connote hatred or threats toward the victim are per se violations.

Critical, insulting, or deprecatory words or actions may constitute malicious harassment if the context surrounding the words or acts place the victim in reasonable fear of injury to self or others.

The office of the administrator for the courts is required to develop by July 1, 1989 an educational program for judges concerning malicious harassment.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Prime Sponsor; Bobbe Bridge, Washington Privacy Lobby; Marvin Stern, Anti-Defamation League; Donald Fasts, Citizen; Michael Harmon, Citizen; Bill Wasmuth, N.W. Coalition Against Malicious Harassment; Sharane Glatzmaiermace, The Dorian Group.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Clarifying language will help reduce confusion about the bill's application.  Crimes against homosexuals are increasing so adding sexual orientation to the protected classes is warranted.

House Committee - Testimony Against:      None Presented.