HOUSE BILL ANALYSIS

                  SB 5085

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.

HOUSE COMMITTEE ON LAW & JUSTICE

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) has not been prosecuted or convicted; (2) has been convicted of a different offense; (3) is not amenable to justice; (4) has been acquitted; or (5) 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.

Fiscal Note:  Not requested.

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

                 Office of Program Research