HOUSE BILL REPORT

                  SB 5085

             As Reported By House Committee On:

                        Law & Justice

Title:  An act relating to criminal conspiracy.

Brief Description:  Removing a defense to the crime of criminal conspiracy.

Sponsors:  Senators Roach, Swecker, McCaslin and Winsley.

Brief History:

Committee Activity:

Law & Justice:  3/26/97 [DP].

HOUSE COMMITTEE ON LAW & JUSTICE

Majority Report:  Do pass.  Signed by 13 members:  Representatives Sheahan, Chairman; McDonald, Vice Chairman; Sterk, Vice Chairman; Costa, Ranking Minority Member; Constantine, Assistant Ranking Minority Member; Carrell; Cody; Kenney; Lambert; Lantz; Radcliff; Sherstad and Skinner.

Staff:  Edie Adams (786-7180).

Background:  A person is guilty of criminal conspiracy if he or she intends that conduct constituting a crime be performed, agrees with another person or persons to cause the performance of such conduct, and anyone of them takes a substantial step in pursuance of the agreement.

It is not a defense to criminal conspiracy that the person or persons with whom the accused allegedly conspired:  (1) have not been prosecuted or convicted; (2) have been convicted of a different offense; (3) are not amenable to justice; (4) have been acquitted; or (5) have lacked the capacity to commit an offense.

As interpreted by the Washington Supreme Court, the crime of criminal conspiracy requires a bilateral agreement among the co‑conspirators, meaning that both the conspirator and at least one co-conspirator must intend for the crime to be committed.  A person is not guilty of conspiracy if the only co-conspirator is a police officer who did not intend for a crime to be committed.

Summary of Bill:  It is not a defense to a criminal conspiracy charge that the person with whom the accused is alleged to have conspired is a police officer or other government agent who did not intend for a crime to be committed.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  The Washington Supreme Court ruled, in a 5-4 decision based on legislative intent, that the criminal conspiracy statute requires a bilateral agreement between co-conspirators.  This bill clarifies that the Legislature intended that the criminal conspiracy statute only require a unilateral agreement.  This is good policy that is in conformance with the Model Penal Code and will enable law enforcement to nip criminal activity in the bud.

Testimony Against:  None.

Testified:  Art Curtis, Clark County Prosecuting Attorney and Washington Association of Prosecuting Attorneys.