SENATE BILL REPORT

                   SB 5859

              As Reported By Senate Committee On:

                 Law & Justice, March 4, 1997

Title:  An act relating to coercion.

Brief Description:  Clarifying the crime of coercion.

Sponsors:  Senators Roach and Johnson.

Brief History:

Committee Activity:  Law & Justice:  2/26/97, 3/4/97 [DPS].

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  That Substitute Senate Bill No. 5859 be substituted therefor, and the substitute bill do pass.

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

Minority Report:  Do not pass substitute.

  Signed by Senator Fairley.

Staff:  Dick Armstrong (786-7460)

Background:  In Seattle vs. Ivan, the Court of Appeals decided that a Seattle municipal ordinance on coercion was unconstitutional.  The court held that the ordinance was vague and overbroad because there was no express requirement of criminal intent and the ordinance had the potential of infringing on protected speech.

The state statute on coercion uses the same wording as the Seattle ordinance.  It is suggested that the state statute should be amended to bring it into conformity with the reasoning of the Court of Appeals in the Ivan case.

Summary of Substitute Bill:  The coercion statute is amended to specify that a person must act with criminal intent to violate the coercion statute.

Substitute Bill Compared to Original Bill:  The original bill was not considered.

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.