CERTIFICATION OF ENROLLMENT

                  SUBSTITUTE SENATE BILL 6518

                   Chapter 242, Laws of 1998

                        55th Legislature

                      1998 Regular Session

INCREASING DEGREE OF RAPE WHEN VICTIM IS INCAPACITATED

                    EFFECTIVE DATE:  6/11/98

Passed by the Senate March 12, 1998   YEAS 49   NAYS 0                BRAD OWEN President of the Senate Passed by the House March 4, 1998   YEAS 98   NAYS 0

CERTIFICATE I, Mike O=Connell, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  SUBSTITUTE SENATE BILL 6518 as passed by the Senate and the House of Representatives on the dates hereon set forth.

CLYDE BALLARD Speaker of the       House of Representatives

MIKE O'CONNELL                             Secretary

Approved March 30, 1998 Place Style On Codes above, and Style Off Codes below.

FILED                      March 30, 1998 - 3:21 p.m.

GARY LOCKE Governor of the State of Washington

Secretary of State                   State of Washington

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                    SUBSTITUTE SENATE BILL 6518

          _______________________________________________

                      AS AMENDED BY THE HOUSE

             Passed Legislature - 1998 Regular Session

State of Washington      55th Legislature     1998 Regular Session

By Senate Committee on Law & Justice (originally sponsored by Senators Roach, Benton, Long, Oke, Zarelli, Rossi, Sellar, Snyder, Johnson, Horn, McDonald, Hale, Strannigan, McCaslin, Prentice, Schow, Fraser, Deccio, Swecker, Morton, Goings, Bauer, Rasmussen and Haugen)

Read first time 02/06/98.

Increasing the degree of rape when the perpetrator incapacitates the victim.  

    AN ACT Relating to rape in the first degree; reenacting and amending RCW 9A.44.040; and prescribing penalties.

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

    Sec. 1.  RCW 9A.44.040 and 1983 c 118 s 1 and 1983 c 73 s 1 are each reenacted and amended to read as follows:

    (1) A person is guilty of rape in the first degree when such person engages in sexual intercourse with another person by forcible compulsion where the perpetrator or an accessory:

    (a) Uses or threatens to use a deadly weapon or what appears to be a deadly weapon; or

    (b) Kidnaps the victim; or

    (c) Inflicts serious physical injury, including but not limited to  physical injury which renders the victim unconscious; or

    (d) Feloniously enters into the building or vehicle where the victim is situated.

    (2) Rape in the first degree is a class A felony.

    Passed the Senate March 12, 1998.

    Passed the House March 4, 1998.

Approved by the Governor March 30, 1998.

    Filed in Office of Secretary of State March 30, 1998.