S-3688

AN ACT Relating to fraud; amending RCW 4.24.230 and 19.48.110; and prescribing penalties.

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

Sec. 1. RCW 4.24.230 and 1987 c 353 s 1 are each amended to read as follows:

(1) An adult or emancipated minor who takes possession of any goods, wares, or merchandise displayed or offered for sale, by contract or otherwise, by any wholesale or retail store, mercantile, or other mercantile establishment, any public utility, any rental or leased property, or any service offered by a service provider without the consent of the owner ((or)), seller, landlord, or service provider, and with the intention of converting such goods, wares, ((or)) merchandise, utility service, rental property, or service to his or her own use without having paid the purchase, rental, or service price thereof shall be liable in addition to actual damages, for a penalty to the owner ((or)), seller, utility, landlord, or service provider in the amount of the retail value, rental amount, or service price thereof not to exceed ((~~one~~)) two thousand dollars, ((~~plus an additional penalty of not less than one hundred dollars nor more than two hundred dollars,~~)) plus all reasonable attorney's fees and court costs expended by the owner ((or)), seller, utility, landlord, or service provider. A customer who orders a meal in a restaurant or other eating establishment, receives at least a portion thereof, and then leaves without paying, is subject to liability under this section. A person who ((~~shall~~)) receives any food, money, credit, lodging, or accommodation at any hotel, motel, boarding house, or lodging house, and then leaves without paying the proprietor, manager, or authorized employee thereof, is subject to liability under this section. A person who intentionally gives false information in order to receive goods, wares, merchandise, utility service, or other service, who fails or refuses to make payment at the time service is provided, who fails or refuses to return rented goods at the end of the rental period, or who fails or refuses to make a contracted-for payment after service is rendered, is subject to liability under this section. Tenants who intentionally give false information in order to secure a rental property or who move and fail or refuse to make any rental payments due, are subject to liability under this section.

(2) The parent or legal guardian having the custody of an unemancipated minor who takes possession of any goods, wares, or merchandise displayed or offered for sale by any wholesale or retail store or other mercantile establishment or any services offered by a service provider without the consent of the owner ((or)), seller, or service provider and with the intention of converting such goods, wares, ((or)) merchandise, or services to his or her own use without having paid the purchase price thereof, shall be liable as a penalty to the owner ((or)), seller, or service provider for the retail value of such goods, wares, ((or)) merchandise, or service not to exceed ((~~five hundred~~)) one thousand dollars ((~~plus an additional penalty of not less than one hundred dollars nor more than two hundred dollars~~)), plus all reasonable attorney's fees and court costs expended by the owner ((or)), seller, or service provider. The parent or legal guardian having the custody of an unemancipated minor, who orders a meal in a restaurant or other eating establishment, receives at least a portion thereof, and then leaves without paying, is subject to liability under this section. The parent or legal guardian having the custody of an unemancipated minor, who receives any food, money, credit, lodging, or accommodation at any hotel, motel, boarding house, or lodging house, and then leaves without paying the proprietor, manager, or authorized employee thereof, is subject to liability under this section. The parent or legal guardian having the custody of an unemancipated minor who intentionally gives false information in order to receive goods, wares, merchandise, utility service, or other service, who fails or refuses to make payment at the time service is provided, who fails or refuses to return rented goods at the end of the rental period, or who fails or refuses to make a contracted-for payment after service is rendered, is subject to liability under this section. For the purposes of this subsection, liability shall not be imposed upon any governmental entity, private agency, or foster parent assigned responsibility for the minor child pursuant to court order or action of the department of social and health services.

(3) Judgments, but not claims, arising under this section may be assigned.

(4) A conviction for violation of chapter 9A.56 RCW or RCW ((~~9.45.040~~)) 19.48.110 shall not be a condition precedent to maintenance of a civil action authorized by this section.

(5) An owner ((or)), seller, utility, landlord, or service provider demanding payment of a penalty under subsection (1) or (2) of this section shall give written notice to the person or persons from whom the penalty is sought. The notice shall state:

"IMPORTANT NOTICE: The payment of any penalty demanded of you does not prevent criminal prosecution under a related criminal provision."

This notice shall be boldly and conspicuously displayed, in at least the same size type as is used in the demand, and shall be sent with the demand for payment of a penalty described in subsection (1) ((~~of [or]~~)) or (2) of this section.

(6) For the purposes of this section, "service provider" means any person who performs work or labor of any kind for which he or she reasonably expects to be paid.

(7) For the purposes of this section, "services" means work or labor of any kind.

Sec. 2. RCW 19.48.110 and 1985 c 129 s 2 are each amended to read as follows:

Any person who shall willfully obtain food, money, credit, use of ski area facilities, lodging or accommodation at any hotel, inn, restaurant, commercial ski area, boarding house, or lodging house, without paying therefor, with intent to defraud the proprietor, owner, operator, or keeper thereof; or who obtains services, utility service, or the use of rental property without paying therefor; or who obtains food, money, credit, use of ski area facilities, lodging or accommodation at such hotel, inn, restaurant, commercial ski area, boarding house, or lodging house, by the use of any false pretense; or who, after obtaining food, money, credit, use of ski area facilities, lodging, or accommodation at such hotel, inn, restaurant, commercial ski area, boarding house, or lodging house, removes or causes to be removed from such hotel, inn, restaurant, commercial ski area, boarding house, or lodging house, his or her baggage, without the permission or consent of the proprietor, manager, or authorized employee thereof, before paying for such food, money, credit, use of ski area facilities, lodging, or accommodation, shall be guilty of a gross misdemeanor: PROVIDED, That if the aggregate amount of food, money, use of ski area facilities, services, utility service, use of rental property, lodging, or accommodation, or credit so obtained is seventy-five dollars or more such person shall be guilty of a felony. Proof that food, money, credit, use of ski area facilities, services, utility service, use of rental property, lodging, or accommodation were obtained by false pretense or by false or fictitious show or pretense of any baggage or other property, or that the person refused or neglected to pay for such food, money, credit, use of ski area facilities, services, utility service, use of rental property, lodging, or accommodation on demand, or that he or she gave in payment for such food, money, credit, use of ski area facilities, services, utility service, use of rental property, lodging, or accommodation, negotiable paper on which payment was refused, or that he or she absconded, or departed from, or left, the premises without paying for such food, money, credit, use of ski area facilities, services, utility service, use of rental property, lodging, or accommodation, or that he or she removed, or attempted to remove, or caused to be removed, or caused to be attempted to be removed his or her property or baggage, shall be prima facie evidence of the fraudulent intent hereinbefore mentioned.

For the purposes of this section, "services" means work or labor of any kind for which the person performing the work or labor reasonably expects to be paid.