H-0267.2  _______________________________________________

                          HOUSE BILL 1117

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Representatives Lambert, Costa, Blanton, Silver, Ballasiotes, Backlund, Robertson, Boldt, Buck, Thompson, Hargrove and Huff

Read first time 01/13/95.  Referred to Committee on Law and Justice.

Providing a deterrence for crimes committed at county or local penal institutions.

    AN ACT Relating to penal institutions; and amending RCW 9.94.010, 9.94.020, 9.94.030, 9.94.040, and 9.94.041.

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

    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 institution or a county or local penal facility assemble for any purpose, and act in such a manner as to disturb the good order of such institution and contrary to the commands of the officers of such 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 or a county or local penal facility 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 or a county or local penal facility 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 or a county or local penal facility 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 or a county or local penal facility 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:

    Every person serving a sentence in any state, county, or local penal institution of this state who, without authorization ((pursuant to)) under law, while in ((such)) the penal institution or while being conveyed to or from ((such)) the penal institution, or while at any state, county, or local penal institution farm or forestry camp of ((such)) the 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.  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:

    Every person serving a sentence in any state, county, or local penal institution of this state who, without authorization, while in ((such)) the penal institution or while being conveyed to or from ((such)) the penal institution, or while at any penal institution farm or forestry camp of ((such)) the 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.  The sentence imposed under this section shall be in addition to any sentence being served.

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