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HOUSE BILL 1133
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Passed Legislature - 1994 Regular Session
State of Washington 53rd Legislature 1993
Regular Session
By
Read first time 01/15/93. Referred to Committee
on Judiciary.
Allowing the assignment of claims
for unlawful conversion of goods and unlawful leaving without paying.
AN ACT Relating to
assignment of claims for unlawful conversion and unlawful leaving without
paying; and amending RCW 4.24.230.
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 any wholesale or retail store or other
mercantile establishment without the consent of the owner or seller, and with
the intention of converting such goods, wares, or merchandise to his own use
without having paid the purchase price thereof shall be liable in addition to
actual damages, for a penalty to the owner or seller in the amount of the
retail value thereof not to exceed 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. 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 receive
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.
(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 without the consent of the
owner or seller and with the intention of converting such goods, wares, or
merchandise to his own use without having paid the purchase price thereof,
shall be liable as a penalty to the owner or seller for the retail value of
such goods, wares, or merchandise not to exceed five hundred 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. 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. 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)) and claims((,)) arising under this section may be
assigned.
(4) A conviction for
violation of chapter 9A.56 RCW ((or RCW 9.45.040)) shall not be a
condition precedent to maintenance of a civil action authorized by this section.
(5) An owner or seller
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.
