5318-S2 AMH APPE H5058.1

 

 

 

2SSB 5318 - H AMD TO JUD COMM AMD (H-5024.2/92)  0312  ADOPTED  03/05/92

By Representative Appelwick

 

                                                                   

 

    On page 1, after line 10 of the amendment, insert the following:

    "(2) "Financial institution" means a bank, savings bank, credit union, or savings and loan institution."

 

    Renumber the subsections following consecutively.

 

    On page 1, line 18 of the amendment, after "agent, or" strike "having actual knowledge" and insert "knowing"

 

 

 

2SSB 5318 - H AMD TO JUD COMM AMD (H-5024.2/92)

By Representative Appelwick

 

                                                                   

 

    On page 2, line 9 of the amendment, after "(b)" strike "Has actual knowledge" and insert "Knows"

 

    On page 2, line 13 of the amendment, after "(c)" strike "Has actual knowledge" and insert "Knows"

 

    On page 2, after line 29 of the amendment, insert the following:

    "(3) An additional proof requirement is imposed when a case involves a financial institution and one or more of its employees.  In these situations, the prosecution is required to prove that proceeds of specified unlawful activity were accepted with intent:

    (a) To conceal or disguised the nature, location, source, ownership, or control of the proceeds, knowing the property is proceeds of specified unlawful activity; or

    (b) To avoid a transaction reporting requirement under federal law.

    The proof required by this subsection is in addition to the requirements contained in subsection (1) of this section."

 

    Renumber the subsections following consecutively.