SENATE BILL REPORT

                   SB 5085

                As Passed Senate, March 6, 1997

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:  1/20/97, 1/21/97 [DP].

Passed Senate, 3/6/97, 44-3.

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  Do pass.

  Signed by Senators Roach, Chair; Johnson, Vice Chair; Fairley, Goings, Hargrove, Haugen, Jacobsen, Long, McCaslin and Stevens.

Staff:  Mal Murphy (786-7412)

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 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 does not intend that a crime be committed.

Appropriation:  None.

Fiscal Note:  Not requested.

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

Testimony For:  None.

Testimony Against:  None.

Testified:  No one.