FINAL BILL REPORT

                   SB 5085

                           C 17 L 97

                      Synopsis as Enacted

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

Sponsors:  Senators Roach, Swecker, McCaslin and Winsley.

Senate Committee on Law & Justice

House Committee on Law & Justice

Background:  A person is guilty of criminal conspiracy if he or she agrees with another person or persons to commit a crime, and any one of them takes a substantial step in pursuance of the agreement.

A recent Washington Supreme Court decision held that the crime of criminal conspiracy requires a bilateral agreement among the co-conspirators, meaning that both the conspirator and at least one other co-conspirator must intend for the crime to be committed. The court held that there was no Aagreement,@ for the purpose of conspiracy, if the only co-conspirator was an undercover police agent who did not intend for a crime to be committed.

Summary:  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 does not intend that a crime be committed.

Votes on Final Passage:

Senate 44 3

House     95 0

Effective:  July 27, 1997