AN ACT Relating to crimes motivated by bigotry or bias; amending RCW 9A.36.080; adding a new section to chapter 36.28A RCW; and creating new sections.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

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 perceives, accurately or inaccurately, that another person is of a particular race, color, religion, ancestry, national origin, sexual orientation, or has a mental, physical, or sensory handicap, and maliciously and with the intent to intimidate or harass ((~~another~~)) that person because of, or in a way that is reasonably related to, associated with, or directed toward, that person's perceived race, color, religion, ancestry, national origin, sexual orientation, 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 perceived race, color, religion, ancestry, national origin, sexual orientation, 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

(2) The words or conduct do not have to be communicated or conducted on the victim's property to violate subsection (1)(b) of this section.

(3) "Sexual orientation" for the purposes of this section, means heterosexuality, homosexuality, or bisexuality.

(4) The following constitute ((~~per se~~)) prima facie evidence of violations of this section:

(a) Cross burning on the victim's property; 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.

A judicial finding that conduct is not prima facie evidence of a violation of this section shall not preclude the state from prosecuting a person under subsection (1) of this section.

((~~(3)~~)) (5) Malicious harassment is a class C felony.

((~~(4)~~)) (6) In addition to the criminal penalty provided in subsection ((~~(3)~~)) (5) 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)~~)) (7) The penalties provided in this section for malicious harassment do not preclude the victims from seeking any other remedies otherwise available under law or preclude the state from prosecuting other applicable crimes.

(8) Nothing in this section confers or expands any civil rights or protections to any group or class identified under this section, beyond those rights or protections that exist under the federal or state Constitution or the civil laws of the state of Washington.

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

(1) The Washington association of sheriffs and police chiefs shall establish and maintain a central repository for the collection and classification of information regarding violations of RCW 9A.36.080. Upon establishing such a repository, the association shall develop a procedure to monitor, record, and classify information relating to violations of RCW 9A.36.080 and any other crimes of bigotry or bias apparently directed against other persons because the people committing the crimes perceived, accurately or inaccurately, that their victims were of a particular race, color, religion, ancestry, national origin, sexual orientation, or had a mental, physical, or sensory handicap.

(2) All local law enforcement agencies shall report monthly to the association concerning all violations of RCW 9A.36.080 and any other crimes of bigotry or bias in such form and in such manner as prescribed by rules adopted by the association. Agency participation in the association's reporting programs, with regard to the specific data requirements associated with violations of RCW 9A.36.080 and any other crimes of bigotry or bias, shall be deemed to meet agency reporting requirements. The association must summarize the information received and file an annual report with the governor and the senate law and justice committee and the house of representatives judiciary committee.

(3) The association shall disseminate the information according to the provisions of chapters 10.97 and 10.98 RCW, and all other confidentiality requirements imposed by federal or Washington law.

(4) The criminal justice training commission shall provide training for law enforcement officers in identifying, responding to, and reporting all violations of RCW 9A.36.080 and any other crimes of bigotry or bias.

NEW SECTION. Sec. 3. The provisions of this act shall be liberally construed in order to effectuate its purpose.

NEW SECTION. Sec. 4. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 5. If specific funding for the purposes of implementing section 2(4) of this act, referencing this act by bill and section number, is not provided by June 30, 1992, in the supplemental omnibus appropriations act, section 2 of this act shall be null and void.