H-1090.2  _______________________________________________

                          HOUSE BILL 1331

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State of Washington      55th Legislature     1997 Regular Session

By Representatives Sheahan and Costa

Read first time 01/22/97.  Referred to Committee on Law & Justice.

Clarifying included and alternative offenses.

    AN ACT Relating to criminal procedure; and amending RCW 10.61.006.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 10.61.006 and 1891 c 28 s 76 are each amended to read as follows:

    In all other cases the defendant may be found guilty of an offense the commission of which is necessarily included within that with which he is charged in the indictment or information.

When this section is applied to offenses defined with multiple alternative sets of elements constituting the offense, a first offense is deemed to be necessarily included within a second offense when at least one of the multiple alternative sets of elements constituting the first offense is included within at least one of the multiple alternative sets of elements constituting the second offense.

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