1117 AAS 4/5/95 S2888.1
HB 1117 - S COMM AMD
By Committee on Human Services & Corrections
ADOPTED 4/5/95
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 9.94.010 and 1955 c 241 s 1 are each amended to read as follows:
Whenever two or more
inmates of a ((state penal)) correctional institution assemble
for any purpose, and act in such a manner as to disturb the good order of ((such))
the institution and contrary to the commands of the officers of ((such))
the institution, by the use of force or violence, or the threat thereof,
and whether acting in concert or not, they shall be guilty of prison riot.
Sec. 2. RCW 9.94.020 and 1992 c 7 s 19 are each amended to read as follows:
Every inmate of a ((state))
correctional ((facility)) institution who is guilty of prison
riot or of voluntarily participating therein by being present at, or by
instigating, aiding or abetting the same, shall be punished by imprisonment in
a state correctional ((facility)) institution for not less than
one year nor more than ten years, which shall be in addition to the sentence
being served.
Sec. 3. RCW 9.94.030 and 1992 c 7 s 20 are each amended to read as follows:
Whenever any inmate of
a ((state)) correctional ((facility)) institution shall
hold, or participate in holding, any person as a hostage, by force or violence,
or the threat thereof, or shall prevent, or participate in preventing an
officer of such institution from carrying out his or her duties, by force or
violence, or the threat thereof, he or she shall be guilty of a felony and upon
conviction shall be punished by imprisonment in a state correctional ((facility))
institution for not less than one year nor more than ten years.
Sec. 4. RCW 9.94.040 and 1979 c 121 s 1 are each amended to read as follows:
(1) Every person
serving a sentence in any ((penal)) state correctional
institution ((of this state)) who, without legal authorization ((pursuant
to law)), while in ((such penal)) the institution ((or
while being conveyed to or from such penal institution, or while at any penal
institution farm or forestry camp of such institution, or while being conveyed
to or from any such place)), or while under the custody or supervision of
institution officials, officers, or employees, or while on any premises subject
to the control of the institution, knowingly possesses or carries upon his or
her person or has under his or her control any weapon, firearm, or any
instrument which, if used, could produce serious bodily injury to the person of
another, is guilty of a class B felony.
(2) Every person confined in a county or local correctional institution who, without legal authorization, while in the institution or while being conveyed to or from the institution, or while under the custody or supervision of institution officials, officers, or employees, or while on any premises subject to the control of the institution, knowingly possesses or has under his or her control a deadly weapon, as defined in RCW 9A.04.110, is guilty of a class B felony.
(3) The sentence imposed under this section shall be in addition to any sentence being served.
Sec. 5. RCW 9.94.041 and 1979 c 121 s 2 are each amended to read as follows:
(1) Every person
serving a sentence in any ((penal)) state correctional
institution ((of this state)) who, without legal authorization,
while in ((such penal)) the institution or while being conveyed
to or from ((such penal)) the institution, ((or while at any
penal institution farm or forestry camp of such institution, or while being
conveyed to or from any such place,)) or while under the custody or
supervision of institution officials, officers, or employees, or while on any
premises subject to the control of the institution, knowingly possesses or
carries upon his or her person or has under his or her control any narcotic drug
or controlled substance as defined in chapter 69.50 RCW is guilty of a class C
felony.
(2) Every person confined in a county or local correctional institution who, without legal authorization, while in the institution or while being conveyed to or from the institution, or while under the custody or supervision of institution officials, officers, or employees, or while on any premises subject to the control of the institution, knowingly possesses or has under his or her control any narcotic drug or controlled substance, as defined in chapter 69.50 RCW, is guilty of a class C felony.
(3) The sentence imposed under this section shall be in addition to any sentence being served.
Sec. 6. RCW 9.94.049 and 1992 c 7 s 21 are each amended to read as follows:
(1) For the purposes of this chapter, the term "correctional institution" means any place designated by law for the keeping of persons held in custody under process of law, or under lawful arrest, including state prisons, county and local jails, and other facilities operated by the department of corrections or local governmental units primarily for the purposes of punishment, correction, or rehabilitation following conviction of a criminal offense.
(2) For the purposes of RCW 9.94.043 and 9.94.045, "state correctional institution" means all state correctional facilities under the supervision of the secretary of the department of corrections used solely for the purpose of confinement of convicted felons."
HB 1117 - S COMM AMD
By Committee on Human Services & Corrections
ADOPTED 4/5/95
On page 1, line 1 of the title, after "institutions;" strike the remainder of the title and insert "and amending RCW 9.94.010, 9.94.020, 9.94.030, 9.94.040, 9.94.041, and 9.94.049."
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