CERTIFICATION OF ENROLLMENT

                        SENATE BILL 5085

                        55th Legislature

                      1997 Regular Session

Passed by the Senate March 6, 1997   YEAS 44   NAYS 3 President of the Senate Passed by the House April 8, 1997   YEAS 95   NAYS 0

CERTIFICATE I, Mike O=Connell, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 5085 as passed by the Senate and the House of Representatives on the dates hereon set forth.

Speaker of the       House of Representatives

Secretary

Approved Place Style On Codes above, and Style Off Codes below.

FILED

Governor of the State of Washington

Secretary of State                   State of Washington

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                         SENATE BILL 5085

          _______________________________________________

             Passed Legislature - 1997 Regular Session

State of Washington      55th Legislature     1997 Regular Session

By Senators Roach, Swecker, McCaslin and Winsley

Read first time 01/14/97.  Referred to Committee on Law & Justice.

Removing a defense to the crime of criminal conspiracy.   

    AN ACT Relating to criminal conspiracy; and amending RCW 9A.28.040.

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

    Sec. 1.  RCW 9A.28.040 and 1975 1st ex.s. c 260 s 9A.28.040 are each amended to read as follows:

    (1) A person is guilty of criminal conspiracy when, with intent that conduct constituting a crime be performed, he or she agrees with one or more persons to engage in or cause the performance of such conduct, and any one of them takes a substantial step in pursuance of such agreement.

    (2) It shall not be a defense to criminal conspiracy that the person or persons with whom the accused is alleged to have conspired:

    (a) Has not been prosecuted or convicted; or

    (b) Has been convicted of a different offense; or

    (c) Is not amenable to justice; or

    (d) Has been acquitted; or

    (e) Lacked the capacity to commit an offense; or

(f) Is a law enforcement officer or other government agent who did not intend that a crime be committed.

    (3) Criminal conspiracy is a:

    (a) Class A felony when an object of the conspiratorial agreement is murder in the first degree;

    (b) Class B felony when an object of the conspiratorial agreement is a class A felony other than murder in the first degree;

    (c) Class C felony when an object of the conspiratorial agreement is a class B felony;

    (d) Gross misdemeanor when an object of the conspiratorial agreement is a class C felony;

    (e) Misdemeanor when an object of the conspiratorial agreement is a gross misdemeanor or misdemeanor.

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