SENATE BILL REPORT

                                   ESB 5935

                      AS PASSED SENATE, FEBRUARY 11, 1992

Brief Description:  Dealing with the destruction of rural mailboxes.

SPONSORS: Senators Madsen and Sutherland

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  Do pass as amended. 

      Signed by Senators Nelson, Chairman; Erwin, M. Kreidler, Madsen, Newhouse, and Rasmussen.

Staff:  Jack Brummel (786‑7428)

Hearing Dates: January 30, 1992

BACKGROUND:

Malicious mischief in the second degree is a class C felony.  It includes causing more than $250 worth of physical damage to another's property, creating a risk of interruption or impairment of public services, and causing physical damage, destruction or injury to farm animals of another.  Damaging mailboxes would not be considered malicious mischief in the second degree if the amount of damage is less than $250.

SUMMARY:

A person is guilty of malicious mischief in the second degree if he knowingly and maliciously causes physical damage or destroys a mailbox.

Appropriation:  none

Revenue:  none

Fiscal Note:  requested January 30, 1992

TESTIMONY FOR:

Postmasters do not usually investigate or prosecute under federal law when mailboxes are destroyed.  The problem of mailbox destruction is not just found in rural settings.

TESTIMONY AGAINST:  None

TESTIFIED:  PRO:  Duane Kaiser; Mary Comstock