_____________________________________________

               BILL REQUEST - CODE REVISER'S OFFICE

           _____________________________________________

BILL REQ. #:   S-4294.2/92 2nd draft

ATTY/TYPIST:   KT:sj

BRIEF TITLE:

1037‑S2.E AMS LAW S4294.2

2ESHB 1037 - S COMM AMD

By Committee on Law & Justice

    Strike everything after the enacting clause and insert the following:

    "Sec. 1.  RCW 9A.36.080 and 1989 c 95 s 1 are each amended to read as follows:

    (1) A person is guilty of malicious harassment if he or she maliciously and with the intent to intimidate or harass another person because of, or in a way that is reasonably related to, associated with, or directed toward, that person's race, color, religion, ancestry, national origin, gender, or mental, physical, or sensory handicap:

    (a) Causes physical injury to another person; or

    (b) By words or conduct places another person in reasonable fear of harm to his or her person or property or harm to the person or property of a third person.  Such words or conduct include, but are not limited to, (i) cross burning, (ii) painting, drawing, or depicting symbols or words on the property of the victim when the symbols or words historically or traditionally connote hatred or threats toward the victim, or (iii) written or oral communication designed to intimidate or harass because of, or in a way that is reasonably related to, associated with, or directed toward, that person's race, color, religion, ancestry, national origin, gender, or mental, physical, or sensory handicap.  However, it does not constitute malicious harassment for a person to speak or act in a critical, insulting, or deprecatory way unless the context or circumstances surrounding the words or conduct places another person in reasonable fear of harm to his or her person or property or harm to the person or property of a third person; or

    (c) Causes physical damage to or destruction of the property of another person.

    (2) The following ((constitute per se)) creates a rebuttable presumption of a violation((s)) of this section:

    (a) Cross burning; or

    (b) Defacement of the property of the victim or a third person with symbols or words when the symbols or words historically or traditionally connote hatred or threats toward the victim.

    (3) Malicious harassment is a class C felony.

    (4) In addition to the criminal penalty provided in subsection (3) of this section, there is hereby created a civil cause of action for malicious harassment.  A person may be liable to the victim of malicious harassment for actual damages and punitive damages of up to ten thousand dollars.

    (5) The penalties provided in this section for malicious harassment do not preclude the victims from seeking any other remedies otherwise available under law."

    "NEW SECTION. Sec. 2.  A new section is added to chapter 36.28A RCW to read as follows:

    Crime reports prepared by the Washington association of sheriffs and police chiefs on the crime of malicious harassment, RCW 9A.36.080, shall comply with the guidelines established by the United States attorney general under the authority of 28 U.S.C. 534 and the federal hate crime statistics act, P.L. 101-275."

2ESHB 1037 - S COMM AMD

By Committee on Law & Justice

    On page 1, line 1 of the title, after "bias" strike the remainder of the title and insert ", cross burning and defacement of property by replacing the per se standard of the malicious harassment statute with a rebuttable presumption standard; amending RCW 9A.36.080; adding a new section to chapter 36.28A RCW; and prescribing penalties."