S-3640.1          _______________________________________________

 

                                 SENATE BILL 6423

                  _______________________________________________

 

State of Washington              52nd Legislature             1992 Regular Session

 

By Senators Erwin and Craswell

 

Read first time 01/29/92.  Referred to Committee on Law & Justice.Revising the statute prohibiting malicious harassment.


     AN ACT Relating to malicious harassment because of race, color, religion, ancestry, national origin, or mental, physical, or sensory handicap; amending RCW 9A.36.080; adding a new section to chapter 36.28A RCW; creating new sections; and prescribing penalties.

 

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 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,)) intentionally threatens or intimidates a specific person or group of persons because of that person's race, color, religion, ancestry, national origin, ((or)) mental, physical, or sensory handicap, or other characteristics which are the subject of discrimination:

     (a) Causes physical injury to ((another)) that person or members of that group of persons; or

     (b) ((By words or conduct places another person in reasonable fear of harm to his 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, 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)) that person or members of that group of persons; or

     (c) Creates a reasonable fear in the mind of that person, or in the minds of members of that group of persons, that he or she is, or they are, likely to suffer imminent harm to person or property.

     (2) The following ((constitute per se violations)) create a rebuttable presumption of a violation 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:

     (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 the 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 persons because of their race, color, religion, ancestry, national origin, mental, physical, or sensory handicap, or other characteristics which are the subject of discrimination.

     (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 program, 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, senate law and justice committee, and house of representatives judiciary committee.

     (3) The association shall disseminate the information according to the provisions of chapters 10.97 and 10.98 RCW, the federal hate crime statistics act (104 Stat. 140), 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.

     (5) In the biennial appropriations act, the legislature shall provide sufficient funds to the criminal justice training commission to implement subsections (1), (3), and (4) of this section.

 

     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 number, is not provided by June 30, 1992, in the supplemental omnibus appropriations act for the 1991-93 biennium, section 2 of this act is null and void.