CERTIFICATION OF ENROLLMENT

 

                        HOUSE BILL 1117

 

 

 

 

 

 

 

                        54th Legislature

                      1995 Regular Session

Passed by the House April 21, 1995

  Yeas 94   Nays 3

 

 

 

 

Speaker of the

       House of Representatives

 

Passed by the Senate April 20, 1995

  Yeas 46   Nays 0

               CERTIFICATE

 

I, Timothy A. Martin, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1117 as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

 

President of the Senate

 

                               Chief Clerk

 

 

Approved Place Style On Codes above, and Style Off Codes below.

                                     FILED

          

 

 

Governor of the State of Washington

                        Secretary of State

                       State of Washington


                  _______________________________________________

 

                                  HOUSE BILL 1117

                  _______________________________________________

 

                             AS AMENDED BY THE SENATE

 

                     Passed Legislature - 1995 Regular Session

 

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, 9.94.041, and 9.94.049; and prescribing penalties.

 

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)) 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)) 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 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.

 


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