5629-S.E AMH RAYB BURK2

ESSB 5629 - H AMD TO AG COMM AMD (H2804.2) 612 ADOPTED 4-19-91

     By Representatives Rayburn and Anderson

     On page 2 of the committee amendment, strike lines 19 through 23 and insert:

     "(2)  Any person or organization that plans or assists in the development of a plan to commit an intentional tort covered by subsection (1) of this section is liable for damages to the same extent as a person who has committed the tort.  However, a person or organization that assists in the development of a plan is not liable under this subsection, if, at the time of providing the assistance the person or organization does not know, or have reason to know, that the assistance is promoting the commission of the tort.  Membership in a liable organization does not in itself establish the member's liability under this subsection. The common law defense of prior renunciation is allowed in actions brought under this subsection." 

ESSB 5629 - H AMD TO AG COMM AMD (H2804.2)

     By Representative Rayburn

     On page 3 of the committee amendment, strike lines 9 through 13 and insert:

     "(2) Any person or organization that plans or assists in the development of a plan to commit an intentional tort covered by subsection (1) of this section is liable for damages to the same extent as a person who has committed the tort.  However, a person or organization that assists in the development of a plan is not liable under this subsection, if, at the time of providing the assistance the person or organization does not know, or have reason to know, that the assistance is promoting the commission of the tort.  Membership in a liable organization does not in itself establish the member's liability under this subsection. The common law defense of prior renunciation is allowed in actions brought under this subsection."

ESSB 5629 - H AMD TO AG COMM AMD (H2804.2)

     By Representative Rayburn

     On page 4 of the committee amendment, line 3, after "out" strike all material through "safety." on line 7 and insert: ", which is knowingly made for the purpose of stopping or modifying the use of animals, and which either (1) would cause injury to the person or property of the  recipient, or result in the recipient's physical confinement or restraint, or (2) is a malicious threat to do any other act intended to substantially cause harm to the recipient's mental health or safety.  In deciding a request for injunctive relief under this section, the court shall give full consideration to the constitutional rights of persons to speak freely, to picket, and to conduct other lawful protest activities." 

EFFECT:  The first two amendments clarify liability and insulate from liability  persons who do not knowingly participate in planning the intentional tort.  The last amendment corrects faulty grammar and requires the court to consider First Amendment rights when deciding a request for injuntive relief.