S-4291.1  _______________________________________________

 

                         SENATE BILL 6523

          _______________________________________________

 

State of Washington      54th Legislature     1996 Regular Session

 

By Senator Smith

 

Read first time 01/17/96.  Referred to Committee on Law & Justice.

 

Prescribing penalties for civil disorder involving acts of violence.



    AN ACT Relating to civil disorder involving acts of violence; adding a new section to chapter 9A.84 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.84 RCW to read as follows:

    (1) Any person who:

    (a) Teaches or demonstrates to any other person the use, application, making of any explosive, or incendiary device, or technique capable of causing injury or death to persons, knowing, having reason to know, or intending that same will be unlawfully employed for use in, or in furtherance of, a civil disorder; or

    (b) Assembles with one or more persons for the purpose of training or instructing in the use of, or practicing with, any technique or means capable of causing property damage, bodily injury or death with the intent to employ such training, instruction, or practice in the commission of a civil disorder;

shall be fined not more than ten thousand dollars or imprisoned not more than five years, or both.

    (2) Nothing in this section makes unlawful the following:

    (a) Any act protected pursuant to Article I, section 24 of the state Constitution;

    (b) Any act of any peace officer which is performed in the lawful performance of the law enforcement officer's official duties;

    (c) Any activity of the department of fish and wildlife, state fish and wildlife commission, any governmental military force, the department of corrections, or any law enforcement agency;

    (d) Any activity intended to teach or practice self-defense or self-defense techniques, such as karate clubs or self-defense clinics, and similar lawful activity;

    (e) Any facility, program, or lawful activity related to firearms instruction and training intended to teach the safe handling and use of firearms; or

    (f) Any other lawful sports or activities related to the individual recreational use or possession of firearms, including but not limited to, hunting activities, target shooting, self-defense, firearms collection, or any organized activity including, but not limited to, any hunting club, rifle club, rifle range, or shooting range which does not include a subversive activity under chapter 9.81 RCW or the knowledge of or the intent to cause or further a civil disorder.

    (3) As used in this section:

    (a) "Civil disorder" means any public disturbance involving acts of violence by assemblages of one or more persons, which causes an immediate danger of, results in damage, or injury to the property or person of any other individual.

    (b) "Firearm" means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive; or the frame or receiver of any such weapon.

    (c) "Explosive or incendiary device" means (i) dynamite and all other forms of high explosives, (ii) any explosive bomb, grenade, missile, or similar device, and (iii) any incendiary bomb or grenade, fire bomb, or similar device, including any device which (A) consists of or includes a breakable container including a flammable liquid or compound, and a wick composed of any material which, when ignited, is capable of igniting such flammable liquid or compound, and (B) can be carried or thrown by one individual acting alone.

    (d) "Law enforcement officer" means any officer or employee of the United States, any state, any political subdivision of a state, or the District of Columbia, and such term shall specifically include, but not be limited to, members of the national guard, as defined in 10 U.S.C. Sec. 101(9), members of the organized militia of any state or territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, not included within the definition of national guard as defined in 10 U.S.C. Sec. 101(9) and members of the armed forces of the United States.

 


                            --- END ---