HOUSE BILL REPORT

                 SSB 5671

             As Reported By House Committee On:

                          Judiciary

Title:  An act relating to anarchy and sabotage.

Brief Description:  Changing provisions relating to anarchy and sabotage.

Sponsors:  Senate Committee on Judiciary (originally sponsored by Senators Kline, Fairley, Johnson and Thibaudeau).

Brief History:

  Committee Activity:

Judiciary:  3/30/99, 4/1/99 [DPA].

           Brief Summary of Substitute Bill

            (As Amended by House Committee)

$Repeals the majority of the laws relating to anarchy and sabotage.

$Prohibits a person from damaging, destroying, or taking property with the intent to interfere with a business enterprise.

CProhibits a person from assembling with others for the purpose of committing criminal sabotage.

HOUSE COMMITTEE ON JUDICIARY

Majority Report:  Do pass as amended.  Signed by 11 members:  Representatives Carrell, Republican Co-Chair; Constantine, Democratic Co-Chair; Hurst, Democratic Vice Chair; Lambert, Republican Vice Chair; Cox; Esser; Kastama; Lantz; Lovick; McDonald and Schindler.

Minority Report:  Do not pass.  Signed by 1 member:  Representative Dickerson.

Staff:  Jim Morishima (786-7191).

Background:

A person is guilty of anarchy if he or she advocates that organized government should be overthrown by force, violence, assassination, or any other unlawful means.  A person is guilty of sabotage if he or she destroys property or "deranges" any mechanism or appliance with the intent to disrupt any agricultural, stock raising, lumbering, mining, quarrying, fishing, manufacturing, transportation, mercantile, or building enterprise.  It is also unlawful to take any piece of property used in an enterprise listed above with the intent to disrupt an owner's management or control of that business.

Summary of Amended Bill:

The majority of the laws relating to anarchy and sabotage are repealed.

A person who damages, destroys, takes, or threatens to take property with the intent to interfere with a business enterprise is guilty of the felony of criminal sabotage.  Also, a person who voluntarily and knowingly assembles with others for the purpose of committing criminal sabotage is guilty of a crime punishable by up to 10 years in prison or a fine of up to $5,000.

Amended Bill Compared to Substitute Bill:  The substitute bill repealed all the laws relating to anarchy and sabotage.  The substitute bill also established the new crime of aggravated criminal trespass, which incorporated many of the repealed sections dealing with sabotage.

Appropriation:  None.

Fiscal Note:  Requested on March 25, 1999.

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

Testimony For:  The laws relating to anarchy and sabotage have not been used much in the last 30 or 40 years.  Some of the provisions raise First and Fifth Amendment concerns and could cause problems if used in the future.  The new crime of aggravated criminal trespass incorporates the sum total of the repealed crimes capable of being prosecuted.

Testimony Against:  None.

Testified:  Senator Kline, prime sponsor.