1672-S AMS KLIN S5432.1
SHB 1672 - S AMD - 873
By Senators Kline, Hargrove and Fairley
Strike everything after the enacting clause and insert the following:
"Sec. 1. RCW 9A.16.090 and 1975 1st ex.s. c 260 s 9A.16.090 are each amended to read as follows:
(1)
No act committed by a person while in a state of voluntary intoxication shall
be deemed less criminal by reason of ((his)) the person's
condition((, but whenever the actual existence of any particular mental
state is a necessary element to constitute a particular species or degree of
crime, the fact of his intoxication may be taken into consideration in
determining such mental state)). Voluntary intoxication is not a
defense to any criminal charge, nor may the fact of voluntary intoxication be
used by a defendant to demonstrate the lack of recklessness, if recklessness is
an element of a crime charged. Nothing in this section prohibits the
prosecution from introducing evidence of a defendant's intoxication.
(2) This section applies to voluntary intoxication produced by any agent, including but not limited to alcohol or any drug.
Sec. 2. RCW 9A.08.010 and 1975 1st ex.s. c 260 s 9A.08.010 are each amended to read as follows:
(1) Kinds of Culpability Defined.
(a)
INTENT. A person acts with intent or intentionally when ((he)) the
person acts with the objective or purpose to accomplish a result which
constitutes a crime.
(b) KNOWLEDGE. A person knows or acts knowingly or with knowledge when:
(i)
((he)) The person is aware of a fact, facts, or circumstances or
result described by a statute defining an offense; or
(ii)
((he)) The person has information which would lead a reasonable
((man)) person in the same situation to believe that facts exist
which facts are described by a statute defining an offense.
(c)
RECKLESSNESS. A person is reckless or acts recklessly when ((he)):
(i)
The person knows of and disregards a substantial risk that a wrongful act
may occur and ((his)) the disregard of such substantial risk is a
gross deviation from conduct that a reasonable ((man)) person
would exercise in the same situation; or
(ii) The person is voluntarily intoxicated and acts in a manner that would be considered reckless if the person were not intoxicated.
(d)
CRIMINAL NEGLIGENCE. A person is criminally negligent or acts with criminal
negligence when ((he)) the person fails to be aware of a substantial
risk that a wrongful act may occur and ((his)) the failure to be
aware of such substantial risk constitutes a gross deviation from the standard
of care that a reasonable ((man)) person would exercise in the
same situation.
(2) Substitutes for Criminal Negligence, Recklessness, and Knowledge. When a statute provides that criminal negligence suffices to establish an element of an offense, such element also is established if a person acts intentionally, knowingly, or recklessly. When recklessness suffices to establish an element, such element also is established if a person acts intentionally or knowingly. When acting knowingly suffices to establish an element, such element also is established if a person acts intentionally.
(3) Culpability as Determinant of Grade of Offense. When the grade or degree of an offense depends on whether the offense is committed intentionally, knowingly, recklessly, or with criminal negligence, its grade or degree shall be the lowest for which the determinative kind of culpability is established with respect to any material element of the offense.
(4) Requirement of Wilfulness Satisfied by Acting Knowingly. A requirement that an offense be committed wilfully is satisfied if a person acts knowingly with respect to the material elements of the offense, unless a purpose to impose further requirements plainly appears."
SHB 1672 - S AMD - 873
By Senators Kline, Hargrove and Fairley
On page 1, line 2 of the title, after "charge;" strike the remainder of the title and insert "and amending RCW 9A.16.090 and 9A.08.010."
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