CERTIFICATION OF ENROLLMENT

                        SENATE BILL 6115

                    Chapter 35, Laws of 1996

                        54th Legislature

                      1996 Regular Session

              MALICIOUS MISCHIEF--ELEMENTS REVISED

                    EFFECTIVE DATE:  6/6/96

Passed by the Senate February 7, 1996   YEAS 48   NAYS 1             JOEL PRITCHARD President of the Senate Passed by the House February 27, 1996   YEAS 98   NAYS 0

CERTIFICATE I, Marty Brown, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 6115 as passed by the Senate and the House of Representatives on the dates hereon set forth.

CLYDE BALLARD Speaker of the       House of Representatives

MARTY BROWN                             Secretary

Approved March 7, 1996 Place Style On Codes above, and Style Off Codes below.

FILED                      March 7, 1996 - 11:59 p.m.

MIKE LOWRY Governor of the State of Washington

Secretary of State                   State of Washington

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                         SENATE BILL 6115

          _______________________________________________

             Passed Legislature - 1996 Regular Session

State of Washington      54th Legislature     1996 Regular Session

By Senators Wojahn, Snyder, Haugen, Goings, Winsley, Bauer and Oke

Read first time 01/08/96.  Referred to Committee on Law & Justice.

Revising penalties for persons who damage property with graffiti.

    AN ACT Relating to malicious mischief; amending RCW 9A.48.090 and 4.24.190; and prescribing penalties.

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

    Sec. 1.  RCW 9A.48.090 and 1975 1st ex.s. c 260 s 9A.48.090 are each amended to read as follows:

    (1) A person is guilty of malicious mischief in the third degree if he or she:

(a) Knowingly and maliciously causes physical damage to the property of another, under circumstances not amounting to malicious mischief in the first or second degree; or

(b) Writes, paints, or draws any inscription, figure, or mark of any type on any public or private building or other structure or any real or personal property owned by any other person unless the person has obtained the express permission of the owner or operator of the property, under circumstances not amounting to malicious mischief in the first or second degree.

    (2)(a) Malicious mischief in the third degree under subsection (1)(a) of this section is a gross misdemeanor if the damage to the property is in an amount exceeding fifty dollars; otherwise, it is a misdemeanor.

(b) Malicious mischief in the third degree under subsection (1)(b) of this section is a gross misdemeanor.

    Sec. 2.  RCW 4.24.190 and 1992 c 205 s 116 are each amended to read as follows:

    The parent or parents of any minor child under the age of eighteen years who is living with the parent or parents and who shall willfully or maliciously destroy or deface property, real or personal or mixed, or who shall willfully and maliciously inflict personal injury on another person, shall be liable to the owner of such property or to the person injured in a civil action at law for damages in an amount not to exceed five thousand dollars.  This section shall in no way limit the amount of recovery against the parent or parents for their own common law negligence.

    Passed the Senate February 7, 1996.

    Passed the House February 27, 1996.

Approved by the Governor March 7, 1996.

    Filed in Office of Secretary of State March 7, 1996.