CERTIFICATION OF ENROLLMENT

             ENGROSSED SUBSTITUTE SENATE BILL 5186

                   Chapter 509, Laws of 1993

                        53rd Legislature

                      1993 Regular Session

       LURING OF CHILD OR DEVELOPMENTALLY DISABLED PERSON

                    EFFECTIVE DATE:  7/25/93

Passed by the Senate April 19, 1993   YEAS 44   NAYS 0 JOEL PRITCHARD President of the Senate Passed by the House April 9, 1993   YEAS 96   NAYS 2

CERTIFICATE I, Marty Brown, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 5186 as passed by the Senate and the House of Representatives on the dates hereon set forth.

BRIAN EBERSOLE Speaker of the        House of Representatives

MARTY BROWN                                  Secretary

Approved May 18, 1993 Place Style On Codes above, and Style Off Codes below.

FILED                             May 18, 1993 - 2:40 p.m.

MIKE LOWRY Governor of the State of Washington

Secretary of State                        State of Washington

                              _______________________________________________

                                   ENGROSSED SUBSTITUTE SENATE BILL 5186

                              _______________________________________________

                                                            AS AMENDED BY THE HOUSE

                                                       Passed Legislature - 1993 Regular Session

State of Washington                              53rd Legislature                             1993 Regular Session

By Senate Committee on Law & Justice (originally sponsored by Senators von Reichbauer, A. Smith, McCaslin, Prentice, Gaspard, Hargrove, Quigley, Winsley and Erwin)

Read first time 02/08/93.

Prohibiting the luring of minors or incompetent persons into vehicles or structures.

          AN ACT Relating to luring; adding a new section to chapter 9A.40 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 9A.40 RCW to read as follows:

          A person commits the crime of luring if the person:

          (1)(a) Orders, lures, or attempts to lure a minor or developmentally disabled person into a structure that is obscured from or inaccessible to the public or into a motor vehicle;

          (b) Does not have the consent of the minor's parent or guardian or the developmentally disabled person's guardian; and

          (c) Is unknown to the child or developmentally disabled person.

          (2) It is a defense to luring, which the defendant must prove by a preponderance of the evidence, that the defendant's actions were reasonable under the circumstances and the defendant did not have any intent to harm the health, safety, or welfare of the minor or developmentally disabled person.

          (3) For purposes of this section:

          (a) "Minor" means a person under the age of sixteen;

          (b) "Developmentally disabled person" means a person with a developmental disability as defined in RCW 71A.10.020.

          (4) Luring is a class C felony.

          Passed the Senate April 19, 1993.

          Passed the House April 9, 1993.

Approved by the Governor May 18, 1993.

          Filed in Office of Secretary of State May 18, 1993.