6704-S.E AMH SCCS H4647.1

6704-S.E AMH SCCS H4647.1

ESSB 6704 - H COMM AMD ADOPTED 3/6/02

By Select Committee on Community Security

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. LEGISLATIVE FINDINGS‑-INTENT. The legislature finds that the events of September 11, 2001, have focused our nation's attention on the importance of preparedness in preventing, investigating, and prosecuting acts of terrorism against its citizens. The legislature further finds that, to be effective, this effort requires a partnership among the federal, state, and local governments. In furtherance of this partnership, it is the legislature's intent to strengthen the laws of the state of Washington to better protect the health and safety of Washington state and its residents from acts of terrorism. It is also the intent of the legislature that this act be interpreted to provide the greatest measure of protection and safety for the people of this state and to preserve and protect their constitutional rights, including the right to petition their governments and to exercise their rights under the First Amendment to the United States Constitution.

NEW SECTION. Sec. 2. DEFINITIONS. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

(1) "Biological agent" means any microorganism, virus, infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring microorganism, virus, infectious substance, biological product, or toxin or vector, or any naturally occurring or bioengineered component thereof, capable of causing:

(a) Death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism; or

(b) Deterioration of food, water equipment, supplies, or material of any kind; or

(2) "Chemical agent" means any weapon, device, material, or substance that is designed or intended to cause widespread death or physical injury through the release, dissemination, or impact of toxic or poisonous chemicals or precursors of toxic or poisonous chemicals.

(3) "Imitation weapon of mass destruction" means any device, object, or substance that is not a weapon of mass destruction, but which by appearance or representation would lead a reasonable person to believe that the device or substance is a weapon of mass destruction.

(4) "Material support or resources" means currency or other financial securities, financial services, lodging, training, safehouses, false documentation or identification, intelligence information, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other assets.

(5) "Physical damage" has the meaning given in RCW 9A.48.100.

(6) "Public water system" means any publicly or privately owned system, including a system serving only one single-family residence, providing piped water for human consumption, including any collection, treatment, storage, or distribution facilities.

(7) "Radioactive material" means any material containing, emitting, or otherwise releasing radiation or radioactivity at a level dangerous to human life.

(8) "Toxin" means the toxic material of plants, animals, microorganisms, viruses, fungi, or infectious substances, or a recombinant molecule, whatever its origin or method of production, including:

(a) Any poisonous substance or biological product that may be engineered as a result of biotechnology produced by a living organism; or

(b) Any poisonous isomer or biological product, homolog, or derivative of such a substance.

(9) "Vector" means a living organism, or molecule, including a recombinant molecule, or biological product that may be engineered as a result of biotechnology, capable of carrying a biological agent or toxin to a host.

(10) "Weapon of mass destruction" means any device, object, or substance that is designed, or that a person intends to use, to cause multiple human deaths, or a biological agent, radioactive material, or chemical agent that is possessed, released, or disseminated without lawful authority.

NEW SECTION. Sec. 3. TERRORISM IN THE FIRST DEGREE. (1) A person is guilty of terrorism in the first degree if such person, with the intent to significantly disrupt the conduct of government or of the general civilian population of the state or the United States, commits an act which manifests an extreme indifference to human life and thereby causes the death of another person.

(2) For the purposes of this section, "another person," in addition to its ordinary meaning, includes, but is not limited to, any emergency services personnel or a member of the civilian population responding, at any point in time, to render aid in response to the act referred to in subsection (1) of this section.

(3) Terrorism in the first degree is a class A felony and, any other provision of law notwithstanding, is punishable as provided in RCW 10.95.010, 10.95.030 through 10.95.900, and section 13 of this act.

NEW SECTION. Sec. 4. TERRORISM IN THE SECOND DEGREE. (1) A person is guilty of terrorism in the second degree if such person, with the intent to significantly disrupt the conduct of government or of the general civilian population of the state or the United States, commits an act which manifests an extreme indifference to human life and thereby:

(a) Causes substantial bodily harm to any other person; or

(b) Causes substantial damage to a habitable building or structure, whether or not occupied, sufficient to create a substantial risk of death to another person if the building or structure had been occupied by any such person; or

(c) Causes substantial physical damage sufficient to disrupt the normal functioning of a critical public or private infrastructure system including, but not limited to, a public water system, or an emergency, governmental, medical, fire, or law enforcement response system.

(2) Terrorism in the second degree is a class A felony.

NEW SECTION. Sec. 5. UNLAWFUL USE OR POSSESSION OF A WEAPON OF MASS DESTRUCTION. (1) Any person who, with the intent to significantly disrupt the conduct of government or of the general civilian population of the state or the United States by engaging in conduct manifesting extreme indifference to human life, uses, manufactures, transports, possesses, spills, disposes of, or otherwise releases a weapon of mass destruction is guilty of unlawful use or possession of a weapon of mass destruction.

(2) Unlawful use or possession of a weapon of mass destruction is a class A felony.

NEW SECTION. Sec. 6. THREATENING ACTS OF TERRORISM. (1) Any person who knowingly threatens to use or release, or falsely claims to have used or released, a weapon of mass destruction, or who takes any other action intended to cause a reasonable belief that a weapon of mass destruction has been or will be used or released, including, but not limited to, placement of an imitation weapon of mass destruction in an area open to or frequented by the public, is guilty of:

(a) Threatening acts of terrorism in the first degree if the offense is committed with the intent to significantly disrupt the conduct of government or of the general civilian population of the state or the United States by threatening to engage in conduct which manifests an extreme indifference to human life. Threatening acts of terrorism in the first degree is a class B felony;

(b) Threatening acts of terrorism in the second degree if the offense is committed under circumstances not amounting to threatening acts of terrorism in the first degree. Threatening acts of terrorism in the second degree is a class C felony.

(2) It is not a defense to any prosecution under this section that the defendant did not have the intention or capability of actually using or releasing a weapon of mass destruction.

NEW SECTION. Sec. 7. PROVIDING MATERIAL SUPPORT OR RESOURCES TO TERRORISTS. (1) Any person who knowingly provides material support or resources or conceals or disguises the nature, location, source, or ownership of material support or resources, intending that the material support or resources are to be used in planning, preparing for, or carrying out a crime defined in this chapter, or in planning, preparing for, or carrying out the concealment or an escape from the commission of any such offense, is guilty of providing material support or resources to terrorists.

(2) Providing material support or resources to terrorists is a class B felony.

NEW SECTION. Sec. 8. UNLAWFUL POSSESSION OF FALSE IDENTIFICATION FOR TERRORIST PURPOSES. (1) A person is guilty of unlawful possession of false identification for terrorist purposes if he or she, with the intent to commit or facilitate the commission of a crime defined in this chapter, possesses or uses any document or record that contains false information relating to the person who is the subject of such document or record.

(2) Unlawful possession of false identification for terrorist purposes is a class B felony.

Sec. 9. RCW 9A.82.010 and 2001 c 222 s 3 and 2001 c 217 s 11 are each reenacted and amended to read as follows:

Unless the context requires the contrary, the definitions in this section apply throughout this chapter.

(1)(a) "Beneficial interest" means:

(i) The interest of a person as a beneficiary under a trust established under Title 11 RCW in which the trustee for the trust holds legal or record title to real property;

(ii) The interest of a person as a beneficiary under any other trust arrangement under which a trustee holds legal or record title to real property for the benefit of the beneficiary; or

(iii) The interest of a person under any other form of express fiduciary arrangement under which one person holds legal or record title to real property for the benefit of the other person.

(b) "Beneficial interest" does not include the interest of a stockholder in a corporation or the interest of a partner in a general partnership or limited partnership.

(2) "Control" means the possession of a sufficient interest to permit substantial direction over the affairs of an enterprise.

(3) "Creditor" means a person making an extension of credit or a person claiming by, under, or through a person making an extension of credit.

(4) "Criminal profiteering" means any act, including any anticipatory or completed offense, committed for financial gain, or any offense, including any anticipatory or completed offense, which is defined in chapter 9A.‑- RCW (sections 1 through 8 and 19 through 25 of this act), whether or not committed for financial gain, that is chargeable or indictable under the laws of the state in which the act occurred and, if the act occurred in a state other than this state, would be chargeable or indictable under the laws of this state had the act occurred in this state and punishable as a felony and by imprisonment for more than one year, regardless of whether the act is charged or indicted, as any of the following:

(a) Murder, as defined in RCW 9A.32.030 and 9A.32.050;

(b) Robbery, as defined in RCW 9A.56.200 and 9A.56.210;

(d) Forgery, as defined in RCW 9A.60.020 and 9A.60.030;

(e) Theft, as defined in RCW 9A.56.030, 9A.56.040, 9A.56.060, and 9A.56.080;

(f) Unlawful sale of subscription television services, as defined in RCW 9A.56.230;

(g) Theft of telecommunication services or unlawful manufacture of a telecommunication device, as defined in RCW 9A.56.262 and 9A.56.264;

(h) Child selling or child buying, as defined in RCW 9A.64.030;

(i) Bribery, as defined in RCW 9A.68.010, 9A.68.020, 9A.68.040, and 9A.68.050;

(j) Gambling, as defined in RCW 9.46.220 and 9.46.215 and 9.46.217;

(k) Extortion, as defined in RCW 9A.56.120 and 9A.56.130;

(l) Extortionate extension of credit, as defined in RCW 9A.82.020;

(m) Advancing money for use in an extortionate extension of credit, as defined in RCW 9A.82.030;

(n) Collection of an extortionate extension of credit, as defined in RCW 9A.82.040;

(o) Collection of an unlawful debt, as defined in RCW 9A.82.045;

(p) Delivery or manufacture of controlled substances or possession with intent to deliver or manufacture controlled substances under chapter 69.50 RCW;

(q) Trafficking in stolen property, as defined in RCW 9A.82.050;

(r) Leading organized crime, as defined in RCW 9A.82.060;

(s) Money laundering, as defined in RCW 9A.83.020;

(t) Obstructing criminal investigations or prosecutions in violation of RCW 9A.72.090, 9A.72.100, 9A.72.110, 9A.72.120, 9A.72.130, 9A.76.070, or 9A.76.180;

(u) Fraud in the purchase or sale of securities, as defined in RCW 21.20.010;

(v) Promoting pornography, as defined in RCW 9.68.140;

(w) Sexual exploitation of children, as defined in RCW 9.68A.040, 9.68A.050, and 9.68A.060;

(x) Promoting prostitution, as defined in RCW 9A.88.070 and 9A.88.080;

(y) Arson, as defined in RCW 9A.48.020 and 9A.48.030;

(z) Assault, as defined in RCW 9A.36.011 and 9A.36.021;

(aa) Assault of a child, as defined in RCW 9A.36.120 and 9A.36.130;

(bb) A pattern of equity skimming, as defined in RCW 61.34.020;

(cc) Commercial telephone solicitation in violation of RCW 19.158.040(1);

(dd) Trafficking in insurance claims, as defined in RCW 48.30A.015;

(ee) Unlawful practice of law, as defined in RCW 2.48.180;

(ff) Commercial bribery, as defined in RCW 9A.68.060;

(gg) Health care false claims, as defined in RCW 48.80.030;

(hh) Unlicensed practice of a profession or business, as defined in RCW 18.130.190(7);

(ii) Improperly obtaining financial information, as defined in RCW 9.35.010; ((or))

(jj) Identity theft, as defined in RCW 9.35.020;

(kk) Terrorism in the first degree, as defined in section 3 of this act;

(ll) Terrorism in the second degree, as defined in section 4 of this act;

(mm) Unlawful use or possession of a weapon of mass destruction, as defined in section 5 of this act;

(nn) Threatening acts of terrorism in the first degree, as defined in section 6(1)(a) of this act;

(oo) Threatening acts of terrorism in the second degree, as defined in section 6(1)(b) of this act;

(pp) Providing material support or resources to terrorists, as defined in section 7 of this act; or

(qq) Unlawful possession of false identification for terrorist purposes, as defined in section 8 of this act.

(5) "Dealer in property" means a person who buys and sells property as a business.

(6) "Debtor" means a person to whom an extension of credit is made or a person who guarantees the repayment of an extension of credit or in any manner undertakes to indemnify the creditor against loss resulting from the failure of a person to whom an extension is made to repay the same.

(7) "Documentary material" means any book, paper, document, writing, drawing, graph, chart, photograph, phonograph record, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into usable form, or other tangible item.

(8) "Enterprise" includes any individual, sole proprietorship, partnership, corporation, business trust, or other profit or nonprofit legal entity, and includes any union, association, or group of individuals associated in fact although not a legal entity, and both illicit and licit enterprises and governmental and nongovernmental entities.

(9) "Extortionate extension of credit" means an extension of credit with respect to which it is the understanding of the creditor and the debtor at the time the extension is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or property of any person.

(10) "Extortionate means" means the use, or an express or implicit threat of use, of violence or other criminal means to cause harm to the person, reputation, or property of any person.

(11) "Financial institution" means any bank, trust company, savings and loan association, savings bank, mutual savings bank, credit union, or loan company under the jurisdiction of the state or an agency of the United States.

(12) "Pattern of criminal profiteering activity" means engaging in at least three acts of criminal profiteering, one of which occurred after July 1, 1985, and the last of which occurred within five years, excluding any period of imprisonment, after the commission of the earliest act of criminal profiteering. In order to constitute a pattern, the three acts must have the same or similar intent, results, accomplices, principals, victims, or methods of commission, or be otherwise interrelated by distinguishing characteristics including a nexus to the same enterprise, and must not be isolated events. However, in any civil proceedings brought pursuant to RCW 9A.82.100 by any person other than the attorney general or county prosecuting attorney in which one or more acts of fraud in the purchase or sale of securities are asserted as acts of criminal profiteering activity, it is a condition to civil liability under RCW 9A.82.100 that the defendant has been convicted in a criminal proceeding of fraud in the purchase or sale of securities under RCW 21.20.400 or under the laws of another state or of the United States requiring the same elements of proof, but such conviction need not relate to any act or acts asserted as acts of criminal profiteering activity in such civil action under RCW 9A.82.100.

(13) "Real property" means any real property or interest in real property, including but not limited to a land sale contract, lease, or mortgage of real property.

(14) "Records" means any book, paper, writing, record, computer program, or other material.

(15) "Repayment of an extension of credit" means the repayment, satisfaction, or discharge in whole or in part of a debt or claim, acknowledged or disputed, valid or invalid, resulting from or in connection with that extension of credit.

(16) "Stolen property" means property that has been obtained by theft, robbery, or extortion.

(17) "To collect an extension of credit" means to induce in any way a person to make repayment thereof.

(18) "To extend credit" means to make or renew a loan or to enter into an agreement, tacit or express, whereby the repayment or satisfaction of a debt or claim, whether acknowledged or disputed, valid or invalid, and however arising, may or shall be deferred.

(19) "Traffic" means to sell, transfer, distribute, dispense, or otherwise dispose of stolen property to another person, or to buy, receive, possess, or obtain control of stolen property, with intent to sell, transfer, distribute, dispense, or otherwise dispose of the property to another person.

(20)(a) "Trustee" means:

(i) A person acting as a trustee under a trust established under Title 11 RCW in which the trustee holds legal or record title to real property;

(ii) A person who holds legal or record title to real property in which another person has a beneficial interest; or

(iii) A successor trustee to a person who is a trustee under (a)(i) or (ii) of this subsection.

(b) "Trustee" does not mean a person appointed or acting as:

(i) A personal representative under Title 11 RCW;

(ii) A trustee of any testamentary trust;

(iii) A trustee of any indenture of trust under which a bond is issued; or

(iv) A trustee under a deed of trust.

(21) "Unlawful debt" means any money or other thing of value constituting principal or interest of a debt that is legally unenforceable in the state in full or in part because the debt was incurred or contracted:

(a) In violation of any one of the following:

(i) Chapter 67.16 RCW relating to horse racing;

(ii) Chapter 9.46 RCW relating to gambling;

(b) In a gambling activity in violation of federal law; or

(c) In connection with the business of lending money or a thing of value at a rate that is at least twice the permitted rate under the applicable state or federal law relating to usury.

Sec. 10. RCW 9A.82.090 and 2001 c 222 s 13 are each amended to read as follows:

During the pendency of any criminal case charging a violation of RCW 9A.82.060 or ((~~a violation of RCW~~)) 9A.82.080, or of an offense defined in chapter 9A.‑- RCW (sections 1 through 8 and 19 through 25 of this act) whether or not committed for financial gain, the superior court may, in addition to its other powers, issue an order pursuant to RCW 9A.82.100 (2) or (3). Upon conviction of a person for a violation of RCW 9A.82.060 or ((~~a violation of RCW~~)) 9A.82.080, or of an offense defined in chapter 9A.‑- RCW (sections 1 through 8 and 19 through 25 of this act) whether or not committed for financial gain, the superior court may, in addition to its other powers of disposition, issue an order pursuant to RCW 9A.82.100.

Sec. 11. RCW 9A.82.100 and 2001 c 222 s 14 are each amended to read as follows:

(1)(a) A person who sustains injury to his or her person, business, or property by an act of criminal profiteering that is part of a pattern of criminal profiteering activity, or by an offense defined in chapter 9A.‑- RCW (sections 1 through 8 and 19 through 25 of this act) whether or not committed for financial gain, or by a violation of RCW 9A.82.060 or 9A.82.080 may file an action in superior court for the recovery of damages and the costs of the suit, including reasonable investigative and attorney's fees.

(b) The attorney general or county prosecuting attorney may file an action: (i) On behalf of those persons injured or, respectively, on behalf of the state or county if the entity has sustained damages, or (ii) to prevent, restrain, or remedy a pattern of criminal profiteering activity, or an offense defined in chapter 9A.‑- RCW (sections 1 through 8 and 19 through 25 of this act) whether or not committed for financial gain, or a violation of RCW 9A.82.060 or 9A.82.080.

(c) An action for damages filed by or on behalf of an injured person, the state, or the county shall be for the recovery of damages and the costs of the suit, including reasonable investigative and attorney's fees.

(d) In an action filed to prevent, restrain, or remedy a pattern of criminal profiteering activity, or an offense defined in chapter 9A.‑- RCW (sections 1 through 8 and 19 through 25 of this act) whether or not committed for financial gain, or a violation of RCW 9A.82.060 or 9A.82.080, the court, upon proof of the violation, may impose a civil penalty not exceeding two hundred fifty thousand dollars, in addition to awarding the cost of the suit, including reasonable investigative and attorney's fees.

(2) The superior court has jurisdiction to prevent, restrain, and remedy a pattern of criminal profiteering, or an offense defined in chapter 9A.‑- RCW (sections 1 through 8 and 19 through 25 of this act) whether or not committed for financial gain, or a violation of RCW 9A.82.060 or 9A.82.080 after making provision for the rights of all innocent persons affected by the violation and after hearing or trial, as appropriate, by issuing appropriate orders.

(3) Prior to a determination of liability, orders issued under subsection (2) of this section may include, but are not limited to, entering restraining orders or prohibitions or taking such other actions, including the acceptance of satisfactory performance bonds, in connection with any property or other interest subject to damages, forfeiture, or other restraints pursuant to this section as the court deems proper. The orders may also include attachment, receivership, or injunctive relief in regard to personal or real property pursuant to Title 7 RCW. In shaping the reach or scope of receivership, attachment, or injunctive relief, the superior court shall provide for the protection of bona fide interests in property, including community property, of persons who were not involved in the violation of this chapter, except to the extent that such interests or property were acquired or used in such a way as to be subject to forfeiture under RCW 9A.82.100(4)(f).

(4) Following a determination of liability, orders may include, but are not limited to:

(a) Ordering any person to divest himself or herself of any interest, direct or indirect, in any enterprise.

(b) Imposing reasonable restrictions on the future activities or investments of any person, including prohibiting any person from engaging in the same type of endeavor as the enterprise engaged in, the activities of which affect the laws of this state, to the extent the Constitutions of the United States and this state permit.

(d) Ordering the payment of actual damages sustained to those persons injured by a violation of RCW 9A.82.060 or 9A.82.080, or an offense defined in chapter 9A.‑- RCW (sections 1 through 8 and 19 through 25 of this act) whether or not committed for financial gain, or an act of criminal profiteering that is part of a pattern of criminal profiteering, and in the court's discretion, increasing the payment to an amount not exceeding three times the actual damages sustained.

(e) Ordering the payment of all costs and expenses of the prosecution and investigation of a pattern of criminal profiteering activity, or an offense defined in chapter 9A.‑- RCW (sections 1 through 8 and 19 through 25 of this act) whether or not committed for financial gain, or a violation of RCW 9A.82.060 or 9A.82.080, civil and criminal, incurred by the state or county, including any costs of defense provided at public expense, as appropriate to the state general fund or the antiprofiteering revolving fund of the county.

(f) Ordering forfeiture first as restitution to any person damaged by an act of criminal profiteering that is part of a pattern of criminal profiteering, or by an offense defined in chapter 9A.‑- RCW (sections 1 through 8 and 19 through 25 of this act) whether or not committed for financial gain, then to the state general fund or antiprofiteering revolving fund of the county, as appropriate, to the extent not already ordered to be paid in other damages, of the following:

(i) Any property or other interest acquired or maintained in violation of RCW 9A.82.060 or 9A.82.080 to the extent of the investment of funds, and any appreciation or income attributable to the investment, from a violation of RCW 9A.82.060 or 9A.82.080.

(ii) Any property, contractual right, or claim against property used to influence any enterprise that a person has established, operated, controlled, conducted, or participated in the conduct of, in violation of RCW 9A.82.060 or 9A.82.080.

(iii) All proceeds traceable to or derived from an offense included in the pattern of criminal profiteering activity, or an offense defined in chapter 9A.‑- RCW (sections 1 through 8 and 19 through 25 of this act) whether or not committed for financial gain, and all moneys, negotiable instruments, securities, and other things of value significantly used or intended to be used significantly to facilitate commission of the offense.

(g) Ordering payment to the state general fund or antiprofiteering revolving fund of the county, as appropriate, of an amount equal to the gain a person has acquired or maintained through an offense included in the definition of criminal profiteering.

(5) In addition to or in lieu of an action under this section, the attorney general or county prosecuting attorney may file an action for forfeiture to the state general fund or antiprofiteering revolving fund of the county, as appropriate, to the extent not already ordered paid pursuant to this section, of the following:

(a) Any interest acquired or maintained by a person in violation of RCW 9A.82.060 or 9A.82.080 to the extent of the investment of funds obtained from a violation of RCW 9A.82.060 or 9A.82.080 and any appreciation or income attributable to the investment.

(b) Any property, contractual right, or claim against property used to influence any enterprise that a person has established, operated, controlled, conducted, or participated in the conduct of, in violation of RCW 9A.82.060 or 9A.82.080.

(c) All proceeds traceable to or derived from an offense included in the pattern of criminal profiteering activity, or an offense defined in chapter 9A.‑- RCW (sections 1 through 8 and 19 through 25 of this act) whether or not committed for financial gain, and all moneys, negotiable instruments, securities, and other things of value significantly used or intended to be used significantly to facilitate the commission of the offense.

(6) A defendant convicted in any criminal proceeding is precluded in any civil proceeding from denying the essential allegations of the criminal offense proven in the criminal trial in which the defendant was convicted. For the purposes of this subsection, a conviction shall be deemed to have occurred upon a verdict, finding, or plea of guilty, notwithstanding the fact that appellate review of the conviction and sentence has been or may be sought. If a subsequent reversal of the conviction occurs, any judgment that was based upon that conviction may be reopened upon motion of the defendant.

(7) The initiation of civil proceedings under this section shall be commenced within three years after discovery of the pattern of criminal profiteering activity or after the pattern should reasonably have been discovered or, in the case of an offense which is defined in chapter 9A.‑- RCW (sections 1 through 8 and 19 through 25 of this act), within three years after the final disposition of any criminal charges relating to the offense, whichever is later.

(8) The attorney general or county prosecuting attorney may, in a civil action brought pursuant to this section, file with the clerk of the superior court a certificate stating that the case is of special public importance. A copy of that certificate shall be furnished immediately by the clerk to the presiding chief judge of the superior court in which the action is pending and, upon receipt of the copy, the judge shall immediately designate a judge to hear and determine the action. The judge so designated shall promptly assign the action for hearing, participate in the hearings and determination, and cause the action to be expedited.

(9) The standard of proof in actions brought pursuant to this section is the preponderance of the evidence test.

(10) A person other than the attorney general or county prosecuting attorney who files an action under this section shall serve notice and one copy of the pleading on the attorney general within thirty days after the action is filed with the superior court. The notice shall identify the action, the person, and the person's attorney. Service of the notice does not limit or otherwise affect the right of the state to maintain an action under this section or intervene in a pending action nor does it authorize the person to name the state or the attorney general as a party to the action.

(11) Except in cases filed by a county prosecuting attorney, the attorney general may, upon timely application, intervene in any civil action or proceeding brought under this section if the attorney general certifies that in the attorney general's opinion the action is of special public importance. Upon intervention, the attorney general may assert any available claim and is entitled to the same relief as if the attorney general had instituted a separate action.

(12) In addition to the attorney general's right to intervene as a party in any action under this section, the attorney general may appear as amicus curiae in any proceeding in which a claim under this section has been asserted or in which a court is interpreting RCW 9A.82.010, 9A.82.080, 9A.82.090, 9A.82.110, or 9A.82.120, or this section.

(13) A private civil action under this section does not limit any other civil or criminal action under this chapter or any other provision. Private civil remedies provided under this section are supplemental and not mutually exclusive.

(14) Upon motion by the defendant, the court may authorize the sale or transfer of assets subject to an order or lien authorized by this chapter for the purpose of paying actual attorney's fees and costs of defense. The motion shall specify the assets for which sale or transfer is sought and shall be accompanied by the defendant's sworn statement that the defendant has no other assets available for such purposes. No order authorizing such sale or transfer may be entered unless the court finds that the assets involved are not subject to possible forfeiture under RCW 9A.82.100(4)(f). Prior to disposition of the motion, the court shall notify the state of the assets sought to be sold or transferred and shall hear argument on the issue of whether the assets are subject to forfeiture under RCW 9A.82.100(4)(f). Such a motion may be made from time to time and shall be heard by the court on an expedited basis.

(15) In an action brought under subsection (1)(a) and (b)(i) of this section, either party has the right to a jury trial.

Sec. 12. RCW 9A.82.120 and 2001 c 222 s 16 are each amended to read as follows:

(1) The state, upon filing a criminal action under RCW 9A.82.060 or 9A.82.080 or for an offense defined in chapter 9A.‑- RCW (sections 1 through 8 and 19 through 25 of this act) whether or not committed for financial gain, or a civil action under RCW 9A.82.100, may file in accordance with this section a criminal profiteering lien. A filing fee or other charge is not required for filing a criminal profiteering lien.

(2) A criminal profiteering lien shall be signed by the attorney general or the county prosecuting attorney representing the state in the action and shall set forth the following information:

(a) The name of the defendant whose property or other interests are to be subject to the lien;

(b) In the discretion of the attorney general or county prosecuting attorney filing the lien, any aliases or fictitious names of the defendant named in the lien;

(c) If known to the attorney general or county prosecuting attorney filing the lien, the present residence or principal place of business of the person named in the lien;

(d) A reference to the proceeding pursuant to which the lien is filed, including the name of the court, the title of the action, and the court's file number for the proceeding;

(e) The name and address of the attorney representing the state in the proceeding pursuant to which the lien is filed;

(f) A statement that the notice is being filed pursuant to this section;

(g) The amount that the state claims in the action or, with respect to property or other interests that the state has requested forfeiture to the state or county, a description of the property or interests sought to be paid or forfeited;

(h) If known to the attorney general or county prosecuting attorney filing the lien, a description of property that is subject to forfeiture to the state or property in which the defendant has an interest that is available to satisfy a judgment entered in favor of the state; and

(i) Such other information as the attorney general or county prosecuting attorney filing the lien deems appropriate.

(3) The attorney general or the county prosecuting attorney filing the lien may amend a lien filed under this section at any time by filing an amended criminal profiteering lien in accordance with this section that identifies the prior lien amended.

(4) The attorney general or the county prosecuting attorney filing the lien shall, as soon as practical after filing a criminal profiteering lien, furnish to any person named in the lien a notice of the filing of the lien. Failure to furnish notice under this subsection does not invalidate or otherwise affect a criminal profiteering lien filed in accordance with this section.

(5)(a) A criminal profiteering lien is perfected against interests in personal property in the same manner as a security interest in like property pursuant to RCW 62A.9-302, 62A.9-303, 62A.9-304, 62A.9-305, and 62A.9-306 or as otherwise required to perfect a security interest in like property under applicable law. In the case of perfection by filing, the state shall file, in lieu of a financing statement in the form prescribed by RCW 62A.9-402, a notice of lien in substantially the following form:

NOTICE OF LIEN

Pursuant to RCW 9A.82.120, the state of Washington claims a criminal profiteering lien on all real and personal property of:

Name:

. . . . . . . . . . .

Address:

. . . . . . . . . . .

State of Washington

...................................

By (authorized signature)

On receipt of such a notice from the state, a filing officer shall, without payment of filing fee, file and index the notice as if it were a financing statement naming the state as secured party and the defendant as debtor.

(b) A criminal profiteering lien is perfected against interests in real property by filing the lien in the office where a mortgage on the real estate would be filed or recorded. The filing officer shall file and index the criminal profiteering lien, without payment of a filing fee, in the same manner as a mortgage.

(6) The filing of a criminal profiteering lien in accordance with this section creates a lien in favor of the state in:

(a) Any interest of the defendant, in real property situated in the county in which the lien is filed, then maintained, or thereafter acquired in the name of the defendant identified in the lien;

(b) Any interest of the defendant, in personal property situated in this state, then maintained or thereafter acquired in the name of the defendant identified in the lien; and

(7) The lien created in favor of the state in accordance with this section, when filed or otherwise perfected as provided in subsection (5) of this section, has, with respect to any of the property described in subsection (6) of this section, the same priority determined pursuant to the laws of this state as a mortgage or security interest given for value (but not a purchase money security interest) and perfected in the same manner with respect to such property; except that any lien perfected pursuant to Title 60 RCW by any person who, in the ordinary course of his business, furnishes labor, services, or materials, or rents, leases, or otherwise supplies equipment, without knowledge of the criminal profiteering lien, is superior to the criminal profiteering lien.

(8) Upon entry of judgment in favor of the state, the state may proceed to execute thereon as in the case of any other judgment, except that in order to preserve the state's lien priority as provided in this section the state shall, in addition to such other notice as is required by law, give at least thirty days' notice of the execution to any person possessing at the time the notice is given, an interest recorded subsequent to the date the state's lien was perfected.

(9) Upon the entry of a final judgment in favor of the state providing for forfeiture of property to the state, the title of the state to the property:

(a) In the case of real property or a beneficial interest in real property, relates back to the date of filing the criminal profiteering lien or, if no criminal profiteering lien is filed, then to the date of recording of the final judgment or the abstract thereof; or

(b) In the case of personal property or a beneficial interest in personal property, relates back to the date the personal property was seized by the state, or the date of filing of a criminal profiteering lien in accordance with this section, whichever is earlier, but if the property was not seized and no criminal profiteering lien was filed then to the date the final judgment was filed with the department of licensing and, if the personal property is an aircraft, with the federal aviation administration.

(10) This section does not limit the right of the state to obtain any order or injunction, receivership, writ, attachment, garnishment, or other remedy authorized under RCW 9A.82.100 or appropriate to protect the interests of the state or available under other applicable law.

(11) In a civil or criminal action under this chapter, the superior court shall provide for the protection of bona fide interests in property, including community property, subject to liens of persons who were not involved in the violation of this chapter, except to the extent that such interests or property were acquired or used in such a way as to be subject to forfeiture pursuant to RCW 9A.82.100(4)(f).

NEW SECTION. Sec. 13. A new section is added to chapter 10.95 RCW to read as follows:

AGGRAVATED FIRST DEGREE MURDER‑-DEFINITION‑-ALTERNATIVE MEANS OF COMMISSION‑-TERRORISM IN THE FIRST DEGREE. A person is guilty of aggravated murder in the first degree if he or she commits terrorism in the first degree as defined by section 3 of this act and shall be punished in accordance with the provisions of this chapter.

Sec. 14. RCW 10.95.040 and 1981 c 138 s 4 are each amended to read as follows:

(1) If a person is charged with aggravated first degree murder as defined by RCW 10.95.020 or section 13 of this act, the prosecuting attorney shall file written notice of a special sentencing proceeding to determine whether or not the death penalty should be imposed when there is reason to believe that there are not sufficient mitigating circumstances to merit leniency.

(2) The notice of special sentencing proceeding shall be filed and served on the defendant or the defendant's attorney within thirty days after the defendant's arraignment upon the charge of aggravated first degree murder unless the court, for good cause shown, extends or reopens the period for filing and service of the notice. Except with the consent of the prosecuting attorney, during the period in which the prosecuting attorney may file the notice of special sentencing proceeding, the defendant may not tender a plea of guilty to the charge of aggravated first degree murder nor may the court accept a plea of guilty to the charge of aggravated first degree murder or any lesser included offense.

(3) If a notice of special sentencing proceeding is not filed and served as provided in this section, the prosecuting attorney may not request the death penalty.

Sec. 15. RCW 9.94A.515 and 2001 2nd sp.s. c 12 s 361, 2001 c 300 s 4, 2001 c 217 s 12, and 2001 c 17 s 1 are each reenacted and amended to read as follows:

TABLE 2

CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL

XVIAggravated Murder 1 (RCW 10.95.020)

Terrorism 1 (RCW 9A.‑-.-‑- (section 3 of this act))

XVHomicide by abuse (RCW 9A.32.055)

Malicious explosion 1 (RCW 70.74.280(1))

Murder 1 (RCW 9A.32.030)

Terrorism 2 (RCW 9A.‑-.-‑- (section 4 of this act))

XIVMurder 2 (RCW 9A.32.050)

Unlawful Use or Possession of a Weapon of Mass Destruction (RCW 9A.‑-.-‑- (section 5 of this act))

XIIIMalicious explosion 2 (RCW 70.74.280(2))

Malicious placement of an explosive 1 (RCW 70.74.270(1))

XIIAssault 1 (RCW 9A.36.011)

Assault of a Child 1 (RCW 9A.36.120)

Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))

Rape 1 (RCW 9A.44.040)

Rape of a Child 1 (RCW 9A.44.073)

Threatening Acts of Terrorism 1

(RCW 9A.‑-.-‑- (section 6(1)(a) of this act))

XIManslaughter 1 (RCW 9A.32.060)

Rape 2 (RCW 9A.44.050)

Rape of a Child 2 (RCW 9A.44.076)

XChild Molestation 1 (RCW 9A.44.083)

Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))

Kidnapping 1 (RCW 9A.40.020)

Leading Organized Crime (RCW 9A.82.060(1)(a))

Malicious explosion 3 (RCW 70.74.280(3))

Manufacture of methamphetamine (RCW 69.50.401(a)(1)(ii))

Over 18 and deliver heroin, methamphetamine, a narcotic from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18 (RCW 69.50.406)

Providing Material Support or Resources to Terrorists (RCW 9A.‑-.-‑- (section 7 of this act))

Sexually Violent Predator Escape (RCW 9A.76.115)

Unlawful Possession of False Identification for Terrorist Purposes (RCW 9A.‑-.-‑- (section 8 of this act))

IXAssault of a Child 2 (RCW 9A.36.130)

Controlled Substance Homicide (RCW 69.50.415)

Explosive devices prohibited (RCW 70.74.180)

Hit and Run‑-Death (RCW 46.52.020(4)(a))

Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 79A.60.050)

Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))

Malicious placement of an explosive 2 (RCW 70.74.270(2))

Over 18 and deliver narcotic from Schedule III, IV, or V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V to someone under 18 and 3 years junior (RCW 69.50.406)

Robbery 1 (RCW 9A.56.200)

Sexual Exploitation (RCW 9.68A.040)

Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)

VIIIArson 1 (RCW 9A.48.020)

Deliver or possess with intent to deliver methamphetamine (RCW 69.50.401(a)(1)(ii))

Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050)

Manslaughter 2 (RCW 9A.32.070)

Manufacture, deliver, or possess with intent to deliver amphetamine (RCW 69.50.401(a)(1)(ii))

Manufacture, deliver, or possess with intent to deliver heroin or cocaine (RCW 69.50.401(a)(1)(i))

Possession of Ephedrine, Pseudoephedrine, or Anhydrous Ammonia with intent to manufacture methamphetamine (RCW 69.50.440)

Promoting Prostitution 1 (RCW 9A.88.070)

Selling for profit (controlled or counterfeit) any controlled substance (RCW 69.50.410)

Theft of Anhydrous Ammonia (RCW 69.55.010)

Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)

VIIBurglary 1 (RCW 9A.52.020)

Child Molestation 2 (RCW 9A.44.086)

Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)

Drive-by Shooting (RCW 9A.36.045)

Homicide by Watercraft, by disregard for the safety of others (RCW 79A.60.050)

Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))

Introducing Contraband 1 (RCW 9A.76.140)

Involving a minor in drug dealing (RCW 69.50.401(f))

Malicious placement of an explosive 3 (RCW 70.74.270(3))

Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)

Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)(a))

Use of a Machine Gun in Commission of a Felony (RCW 9.41.225)

Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)

VIBail Jumping with Murder 1 (RCW 9A.76.170(3)(a))

Bribery (RCW 9A.68.010)

Incest 1 (RCW 9A.64.020(1))

Intimidating a Judge (RCW 9A.72.160)

Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)

Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))

Manufacture, deliver, or possess with intent to deliver narcotics from Schedule I or II (except heroin or cocaine) or flunitrazepam from Schedule IV (RCW 69.50.401(a)(1)(i))

Rape of a Child 3 (RCW 9A.44.079)

Theft of a Firearm (RCW 9A.56.300)

Unlawful Storage of Anhydrous Ammonia (RCW 69.55.020)

VAbandonment of dependent person 1 (RCW 9A.42.060)

Advancing money or property for extortionate extension of credit (RCW 9A.82.030)

Bail Jumping with class A Felony (RCW 9A.76.170(3)(b))

Child Molestation 3 (RCW 9A.44.089)

Criminal Mistreatment 1 (RCW 9A.42.020)

Custodial Sexual Misconduct 1 (RCW 9A.44.160)

Delivery of imitation controlled substance by person eighteen or over to person under eighteen (RCW 69.52.030(2))

Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145)

Extortion 1 (RCW 9A.56.120)

Extortionate Extension of Credit (RCW 9A.82.020)

Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)

Incest 2 (RCW 9A.64.020(2))

Kidnapping 2 (RCW 9A.40.030)

Perjury 1 (RCW 9A.72.020)

Persistent prison misbehavior (RCW 9.94.070)

Possession of a Stolen Firearm (RCW 9A.56.310)

Rape 3 (RCW 9A.44.060)

Rendering Criminal Assistance 1 (RCW 9A.76.070)

Sexual Misconduct with a Minor 1 (RCW 9A.44.093)

Sexually Violating Human Remains (RCW 9A.44.105)

Stalking (RCW 9A.46.110)

IVArson 2 (RCW 9A.48.030)

Assault 2 (RCW 9A.36.021)

Assault by Watercraft (RCW 79A.60.060)

Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)

Commercial Bribery (RCW 9A.68.060)

Counterfeiting (RCW 9.16.035(4))

Escape 1 (RCW 9A.76.110)

Hit and Run‑-Injury (RCW 46.52.020(4)(b))

Hit and Run with Vessel‑-Injury Accident (RCW 79A.60.200(3))

Identity Theft 1 (RCW 9.35.020(2)(a))

Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010)

Influencing Outcome of Sporting Event (RCW 9A.82.070)

Knowingly Trafficking in Stolen Property (RCW 9A.82.050(2))

Malicious Harassment (RCW 9A.36.080)

Manufacture, deliver, or possess with intent to deliver narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW 69.50.401(a)(1) (iii) through (v))

Residential Burglary (RCW 9A.52.025)

Robbery 2 (RCW 9A.56.210)

Theft of Livestock 1 (RCW 9A.56.080)

Threats to Bomb (RCW 9.61.160)

Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))

Vehicular Assault, by being under the influence of intoxicating liquor or any drug, or by the operation or driving of a vehicle in a reckless manner (RCW 46.61.522)

Willful Failure to Return from Furlough (RCW 72.66.060)

IIIAbandonment of dependent person 2 (RCW 9A.42.070)

Assault 3 (RCW 9A.36.031)

Assault of a Child 3 (RCW 9A.36.140)

Bail Jumping with class B or C Felony (RCW 9A.76.170(3)(c))

Burglary 2 (RCW 9A.52.030)

Communication with a Minor for Immoral Purposes (RCW 9.68A.090)

Criminal Gang Intimidation (RCW 9A.46.120)

Criminal Mistreatment 2 (RCW 9A.42.030)

Custodial Assault (RCW 9A.36.100)

Delivery of a material in lieu of a controlled substance (RCW 69.50.401(c))

Escape 2 (RCW 9A.76.120)

Extortion 2 (RCW 9A.56.130)

Harassment (RCW 9A.46.020)

Intimidating a Public Servant (RCW 9A.76.180)

Introducing Contraband 2 (RCW 9A.76.150)

Maintaining a Dwelling or Place for Controlled Substances (RCW 69.50.402(a)(6))

Malicious Injury to Railroad Property (RCW 81.60.070)

Manufacture, deliver, or possess with intent to deliver marijuana (RCW 69.50.401(a)(1)(iii))

Manufacture, distribute, or possess with intent to distribute an imitation controlled substance (RCW 69.52.030(1))

Patronizing a Juvenile Prostitute (RCW 9.68A.100)

Perjury 2 (RCW 9A.72.030)

Possession of Incendiary Device (RCW 9.40.120)

Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW 9.41.190)

Promoting Prostitution 2 (RCW 9A.88.080)

Recklessly Trafficking in Stolen Property (RCW 9A.82.050(1))

Securities Act violation (RCW 21.20.400)

Tampering with a Witness (RCW 9A.72.120)

Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230)

Theft of Livestock 2 (RCW 9A.56.080)

Unlawful Imprisonment (RCW 9A.40.040)

Unlawful possession of firearm in the second degree (RCW 9.41.040(1)(b))

Unlawful Use of Building for Drug Purposes (RCW 69.53.010)

Vehicular Assault, by the operation or driving of a vehicle with disregard for the safety of others (RCW 46.61.522)

Willful Failure to Return from Work Release (RCW 72.65.070)

IIComputer Trespass 1 (RCW 9A.52.110)

Counterfeiting (RCW 9.16.035(3))

Create, deliver, or possess a counterfeit controlled substance (RCW 69.50.401(b))

Escape from Community Custody (RCW 72.09.310)

Health Care False Claims (RCW 48.80.030)

Identity Theft 2 (RCW 9.35.020(2)(b))

Improperly Obtaining Financial Information (RCW 9.35.010)

Malicious Mischief 1 (RCW 9A.48.070)

Possession of controlled substance that is either heroin or narcotics from Schedule I or II or flunitrazepam from Schedule IV (RCW 69.50.401(d))

Possession of phencyclidine (PCP) (RCW 69.50.401(d))

Possession of Stolen Property 1 (RCW 9A.56.150)

Theft 1 (RCW 9A.56.030)

Theft of Rental, Leased, or Lease-purchased Property (valued at one thousand five hundred dollars or more) (RCW 9A.56.096(4))

Trafficking in Insurance Claims (RCW 48.30A.015)

Unlawful Practice of Law (RCW 2.48.180)

Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))

IAttempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)

False Verification for Welfare (RCW 74.08.055)

Forged Prescription (RCW 69.41.020)

Forged Prescription for a Controlled Substance (RCW 69.50.403)

Forgery (RCW 9A.60.020)

Malicious Mischief 2 (RCW 9A.48.080)

Possess Controlled Substance that is a Narcotic from Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine or flunitrazepam) (RCW 69.50.401(d))

Possession of Stolen Property 2 (RCW 9A.56.160)

Reckless Burning 1 (RCW 9A.48.040)

Taking Motor Vehicle Without Permission (RCW 9A.56.070)

Theft 2 (RCW 9A.56.040)

Theft of Rental, Leased, or Lease-purchased Property (valued at two hundred fifty dollars or more but less than one thousand five hundred dollars) (RCW 9A.56.096(4))

Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)

Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))

Vehicle Prowl 1 (RCW 9A.52.095)

Sec. 16. RCW 13.40.0357 and 2001 c 217 s 13 are each amended to read as follows:

DESCRIPTION AND OFFENSE CATEGORY

juvenile juvenile disposition

disposition category for attempt,

offense bailjump, conspiracy,

category description (rcw citation) or solicitation

........................................

Arson and Malicious Mischief

A Arson 1 (9A.48.020) B+

B Arson 2 (9A.48.030) C

C Reckless Burning 1 (9A.48.040) D

D Reckless Burning 2 (9A.48.050) E

B Malicious Mischief 1 (9A.48.070) C

C Malicious Mischief 2 (9A.48.080) D

D Malicious Mischief 3 (<$50 is

E class) (9A.48.090) E

E Tampering with Fire Alarm

Apparatus (9.40.100) E

A Possession of Incendiary Device

(9.40.120) B+

Assault and Other Crimes

Involving Physical Harm

A Assault 1 (9A.36.011) B+

B+ Assault 2 (9A.36.021) C+

C+ Assault 3 (9A.36.031) D+

D+ Assault 4 (9A.36.041) E

B+ Drive-By Shooting

(9A.36.045) C+

D+ Reckless Endangerment

(9A.36.050) E

C+ Promoting Suicide Attempt

(9A.36.060) D+

D+ Coercion (9A.36.070) E

C+ Custodial Assault (9A.36.100) D+

Burglary and Trespass

B+ Burglary 1 (9A.52.020) C+

B Residential Burglary

(9A.52.025) C

B Burglary 2 (9A.52.030) C

D Burglary Tools (Possession of)

(9A.52.060) E

D Criminal Trespass 1 (9A.52.070) E

E Criminal Trespass 2 (9A.52.080) E

C Vehicle Prowling 1 (9A.52.095) D

D Vehicle Prowling 2 (9A.52.100) E

Drugs

E Possession/Consumption of Alcohol

(66.44.270) E

C Illegally Obtaining Legend Drug

(69.41.020) D

C+ Sale, Delivery, Possession of Legend

Drug with Intent to Sell

(69.41.030) D+

E Possession of Legend Drug

(69.41.030) E

B+ Violation of Uniform Controlled

Substances Act - Narcotic,

Methamphetamine, or Flunitrazepam

Sale (69.50.401(a)(1) (i) or (ii)) B+

C Violation of Uniform Controlled

Substances Act - Nonnarcotic Sale

(69.50.401(a)(1)(iii)) C

E Possession of Marihuana <40 grams

(69.50.401(e)) E

C Fraudulently Obtaining Controlled

Substance (69.50.403) C

C+ Sale of Controlled Substance

for Profit (69.50.410) C+

E Unlawful Inhalation (9.47A.020) E

B Violation of Uniform Controlled

Substances Act - Narcotic,

Methamphetamine, or Flunitrazepam

Counterfeit Substances

(69.50.401(b)(1) (i) or (ii)) B

C Violation of Uniform Controlled

Substances Act - Nonnarcotic

Counterfeit Substances

(69.50.401(b)(1) (iii), (iv), (v)) C

C Violation of Uniform Controlled

Substances Act - Possession of a

Controlled Substance

(69.50.401(d)) C

C Violation of Uniform Controlled

Substances Act - Possession of a

Controlled Substance

(69.50.401(c)) C

Firearms and Weapons

B Theft of Firearm (9A.56.300) C

B Possession of Stolen Firearm

(9A.56.310) C

E Carrying Loaded Pistol Without

Permit (9.41.050) E

C Possession of Firearms by Minor (<18)

(9.41.040(1)(b)(iii)) C

D+ Possession of Dangerous Weapon

(9.41.250) E

D Intimidating Another Person by use

of Weapon (9.41.270) E

Homicide

A+ Murder 1 (9A.32.030) A

A+ Murder 2 (9A.32.050) B+

B+ Manslaughter 1 (9A.32.060) C+

C+ Manslaughter 2 (9A.32.070) D+

B+ Vehicular Homicide (46.61.520) C+

Kidnapping

A Kidnap 1 (9A.40.020) B+

B+ Kidnap 2 (9A.40.030) C+

C+ Unlawful Imprisonment

(9A.40.040) D+

Obstructing Governmental Operation

D Obstructing a Law Enforcement

Officer (9A.76.020) E

E Resisting Arrest (9A.76.040) E

B Introducing Contraband 1

(9A.76.140) C

C Introducing Contraband 2

(9A.76.150) D

E Introducing Contraband 3

(9A.76.160) E

B+ Intimidating a Public Servant

(9A.76.180) C+

B+ Intimidating a Witness

(9A.72.110) C+

Public Disturbance

C+ Riot with Weapon (9A.84.010) D+

D+ Riot Without Weapon

(9A.84.010) E

E Failure to Disperse (9A.84.020) E

E Disorderly Conduct (9A.84.030) E

Sex Crimes

A Rape 1 (9A.44.040) B+

A- Rape 2 (9A.44.050) B+

C+ Rape 3 (9A.44.060) D+

A- Rape of a Child 1 (9A.44.073) B+

B+ Rape of a Child 2 (9A.44.076) C+

B Incest 1 (9A.64.020(1)) C

C Incest 2 (9A.64.020(2)) D

D+ Indecent Exposure

(Victim <14) (9A.88.010) E

E Indecent Exposure

(Victim 14 or over) (9A.88.010) E

B+ Promoting Prostitution 1

(9A.88.070) C+

C+ Promoting Prostitution 2

(9A.88.080) D+

E O & A (Prostitution) (9A.88.030) E

B+ Indecent Liberties (9A.44.100) C+

A- Child Molestation 1 (9A.44.083) B+

B Child Molestation 2 (9A.44.086) C+

Terrorism

A+ Terrorism in the First

Degree (section 3 of this act) A

A Terrorism in the Second Degree

(section 4 of this act) B+

B+ Unlawful Use or Possession

of Weapon of Mass Destruction

(section 5 of this act) C+

B Threatening Acts of Terrorism 1

(section 6(1)(a) of this act) C

C+ Providing Material Support or

Resources to Terrorists (section

7 of this act) D+

C Unlawful Possession of False

Identification for Terrorist Purposes

(section 8 of this act) D

D+ Threatening Acts of Terrorism 2

(section 6(1)(b) of this act) E

Theft, Robbery, Extortion, and Forgery

B Theft 1 (9A.56.030) C

C Theft 2 (9A.56.040) D

D Theft 3 (9A.56.050) E

B Theft of Livestock (9A.56.080) C

C Forgery (9A.60.020) D

A Robbery 1 (9A.56.200) B+

B+ Robbery 2 (9A.56.210) C+

B+ Extortion 1 (9A.56.120) C+

C+ Extortion 2 (9A.56.130) D+

C Identity Theft 1 (9.35.020(2)(a)) D

D Identity Theft 2 (9.35.020(2)(b)) E

D Improperly Obtaining Financial

Information ((~~[(9.35.010)]~~))

(9.35.010) E

B Possession of Stolen Property 1

(9A.56.150) C

C Possession of Stolen Property 2

(9A.56.160) D

D Possession of Stolen Property 3

(9A.56.170) E

C Taking Motor Vehicle Without

Owner's Permission (9A.56.070) D

Motor Vehicle Related Crimes

E Driving Without a License

(46.20.005) E

B+ Hit and Run - Death

(46.52.020(4)(a)) C+

C Hit and Run - Injury

(46.52.020(4)(b)) D

D Hit and Run-Attended

(46.52.020(5)) E

E Hit and Run-Unattended

(46.52.010) E

C Vehicular Assault (46.61.522) D

C Attempting to Elude Pursuing

Police Vehicle (46.61.024) D

E Reckless Driving (46.61.500) E

D Driving While Under the Influence

(46.61.502 and 46.61.504) E

Other

B Bomb Threat (9.61.160) C

C Escape 11 (9A.76.110) C

C Escape 21 (9A.76.120) C

D Escape 3 (9A.76.130) E

E Obscene, Harassing, Etc.,

Phone Calls (9.61.230) E

A Other Offense Equivalent to an

Adult Class A Felony B+

B Other Offense Equivalent to an

Adult Class B Felony C

C Other Offense Equivalent to an

Adult Class C Felony D

D Other Offense Equivalent to an

Adult Gross Misdemeanor E

E Other Offense Equivalent to an

Adult Misdemeanor E

V Violation of Order of Restitution,

Community Supervision, or

Confinement (13.40.200)2 V

1Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:

1st escape or attempted escape during 12-month period - 4 weeks confinement

2nd escape or attempted escape during 12-month period - 8 weeks confinement

3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement

2If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.

JUVENILE SENTENCING STANDARDS

This schedule must be used for juvenile offenders. The court may select sentencing option A, B, or C.

OPTION A

JUVENILE OFFENDER SENTENCING GRID

STANDARD RANGE

A+ 180 WEEKS TO AGE 21 YEARS

A 103 WEEKS TO 129 WEEKS

A- 15-36 |52-65 |80-100 |103-129

WEEKS |WEEKS |WEEKS|WEEKS

EXCEPT | | |

30-40 | | |

WEEKS FOR | | |

15-17 | | |

YEAR OLDS | | |

Current B+ 15-36 |52-65 |80-100 |103-129

Offense WEEKS |WEEKS |WEEKS |WEEKS

Category

B LOCAL | |52-65

SANCTIONS (LS) |15-36 WEEKS |WEEKS

C+ LS |

|15-36 WEEKS

C LS |15-36 WEEKS

Local Sanctions: |

0 to 30 Days

D+ LS 0 to 12 Months Community Supervision

0 to 150 Hours Community Service

D LS $0 to $500 Fine

E LS

0 1 2 3 4 or more

PRIOR ADJUDICATIONS

NOTE: References in the grid to days or weeks mean periods of confinement.

(1) The vertical axis of the grid is the current offense category. The current offense category is determined by the offense of adjudication.

(2) The horizontal axis of the grid is the number of prior adjudications included in the juvenile's criminal history. Each prior felony adjudication shall count as one point. Each prior violation, misdemeanor, and gross misdemeanor adjudication shall count as 1/4 point. Fractional points shall be rounded down.

(3) The standard range disposition for each offense is determined by the intersection of the column defined by the prior adjudications and the row defined by the current offense category.

(4) RCW 13.40.180 applies if the offender is being sentenced for more than one offense.

(5) A current offense that is a violation is equivalent to an offense category of E. However, a disposition for a violation shall not include confinement.

OPTION B

CHEMICAL DEPENDENCY DISPOSITION ALTERNATIVE

If the juvenile offender is subject to a standard range disposition of local sanctions or 15 to 36 weeks of confinement and has not committed an A- or B+ offense, the court may impose a disposition under RCW 13.40.160(4) and 13.40.165.

OPTION C

MANIFEST INJUSTICE

If the court determines that a disposition under option A or B would effectuate a manifest injustice, the court shall impose a disposition outside the standard range under RCW 13.40.160(2).

Sec. 17. RCW 9.94A.030 and 2001 2nd sp.s. c 12 s 301, 2001 c 300 s 3, and 2001 c 7 s 2 are each reenacted and amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Board" means the indeterminate sentence review board created under chapter 9.95 RCW.

(2) "Collect," or any derivative thereof, "collect and remit," or "collect and deliver," when used with reference to the department, means that the department, either directly or through a collection agreement authorized by RCW 9.94A.760, is responsible for monitoring and enforcing the offender's sentence with regard to the legal financial obligation, receiving payment thereof from the offender, and, consistent with current law, delivering daily the entire payment to the superior court clerk without depositing it in a departmental account.

(3) "Commission" means the sentencing guidelines commission.

(4) "Community corrections officer" means an employee of the department who is responsible for carrying out specific duties in supervision of sentenced offenders and monitoring of sentence conditions.

(5) "Community custody" means that portion of an offender's sentence of confinement in lieu of earned release time or imposed pursuant to RCW 9.94A.505(2)(b), 9.94A.650 through 9.94A.670, 9.94A.690, 9.94A.700 through 9.94A.715, or 9.94A.545, served in the community subject to controls placed on the offender's movement and activities by the department. For offenders placed on community custody for crimes committed on or after July 1, 2000, the department shall assess the offender's risk of reoffense and may establish and modify conditions of community custody, in addition to those imposed by the court, based upon the risk to community safety.

(6) "Community custody range" means the minimum and maximum period of community custody included as part of a sentence under RCW 9.94A.715, as established by the commission or the legislature under RCW 9.94A.850, for crimes committed on or after July 1, 2000.

(7) "Community placement" means that period during which the offender is subject to the conditions of community custody and/or postrelease supervision, which begins either upon completion of the term of confinement (postrelease supervision) or at such time as the offender is transferred to community custody in lieu of earned release. Community placement may consist of entirely community custody, entirely postrelease supervision, or a combination of the two.

(8) "Community service" means compulsory service, without compensation, performed for the benefit of the community by the offender.

(9) "Community supervision" means a period of time during which a convicted offender is subject to crime-related prohibitions and other sentence conditions imposed by a court pursuant to this chapter or RCW 16.52.200(6) or 46.61.524. Where the court finds that any offender has a chemical dependency that has contributed to his or her offense, the conditions of supervision may, subject to available resources, include treatment. For purposes of the interstate compact for out-of-state supervision of parolees and probationers, RCW 9.95.270, community supervision is the functional equivalent of probation and should be considered the same as probation by other states.

(10) "Confinement" means total or partial confinement.

(11) "Conviction" means an adjudication of guilt pursuant to Titles 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and acceptance of a plea of guilty.

(12) "Crime-related prohibition" means an order of a court prohibiting conduct that directly relates to the circumstances of the crime for which the offender has been convicted, and shall not be construed to mean orders directing an offender affirmatively to participate in rehabilitative programs or to otherwise perform affirmative conduct. However, affirmative acts necessary to monitor compliance with the order of a court may be required by the department.

(13) "Criminal history" means the list of a defendant's prior convictions and juvenile adjudications, whether in this state, in federal court, or elsewhere. The history shall include, where known, for each conviction (a) whether the defendant has been placed on probation and the length and terms thereof; and (b) whether the defendant has been incarcerated and the length of incarceration.

(14) "Day fine" means a fine imposed by the sentencing court that equals the difference between the offender's net daily income and the reasonable obligations that the offender has for the support of the offender and any dependents.

(15) "Day reporting" means a program of enhanced supervision designed to monitor the offender's daily activities and compliance with sentence conditions, and in which the offender is required to report daily to a specific location designated by the department or the sentencing court.

(16) "Department" means the department of corrections.

(17) "Determinate sentence" means a sentence that states with exactitude the number of actual years, months, or days of total confinement, of partial confinement, of community supervision, the number of actual hours or days of community service work, or dollars or terms of a legal financial obligation. The fact that an offender through earned release can reduce the actual period of confinement shall not affect the classification of the sentence as a determinate sentence.

(18) "Disposable earnings" means that part of the earnings of an offender remaining after the deduction from those earnings of any amount required by law to be withheld. For the purposes of this definition, "earnings" means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonuses, or otherwise, and, notwithstanding any other provision of law making the payments exempt from garnishment, attachment, or other process to satisfy a court-ordered legal financial obligation, specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, but does not include payments made under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050, or Title 74 RCW.

(19) "Drug offender sentencing alternative" is a sentencing option available to persons convicted of a felony offense other than a violent offense or a sex offense and who are eligible for the option under RCW 9.94A.660.

(20) "Drug offense" means:

(a) Any felony violation of chapter 69.50 RCW except possession of a controlled substance (RCW 69.50.401(d)) or forged prescription for a controlled substance (RCW 69.50.403);

(b) Any offense defined as a felony under federal law that relates to the possession, manufacture, distribution, or transportation of a controlled substance; or

(c) Any out-of-state conviction for an offense that under the laws of this state would be a felony classified as a drug offense under (a) of this subsection.

(21) "Earned release" means earned release from confinement as provided in RCW 9.94A.728.

(22) "Escape" means:

(a) Sexually violent predator escape (RCW 9A.76.115), escape in the first degree (RCW 9A.76.110), escape in the second degree (RCW 9A.76.120), willful failure to return from furlough (RCW 72.66.060), willful failure to return from work release (RCW 72.65.070), or willful failure to be available for supervision by the department while in community custody (RCW 72.09.310); or

(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as an escape under (a) of this subsection.

(23) "Felony traffic offense" means:

(a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 46.61.522), eluding a police officer (RCW 46.61.024), or felony hit-and-run injury-accident (RCW 46.52.020(4)); or

(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a felony traffic offense under (a) of this subsection.

(24) "Fine" means a specific sum of money ordered by the sentencing court to be paid by the offender to the court over a specific period of time.

(25) "First-time offender" means any person who has no prior convictions for a felony and is eligible for the first-time offender waiver under RCW 9.94A.650.

(26) "Home detention" means a program of partial confinement available to offenders wherein the offender is confined in a private residence subject to electronic surveillance.

(27) "Legal financial obligation" means a sum of money that is ordered by a superior court of the state of Washington for legal financial obligations which may include restitution to the victim, statutorily imposed crime victims' compensation fees as assessed pursuant to RCW 7.68.035, court costs, county or interlocal drug funds, court-appointed attorneys' fees, and costs of defense, fines, and any other financial obligation that is assessed to the offender as a result of a felony conviction. Upon conviction for vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), or vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial obligations may also include payment to a public agency of the expense of an emergency response to the incident resulting in the conviction, subject to RCW 38.52.430.

(28) "Most serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies:

(a) Any felony defined under any law as a class A felony or criminal solicitation of or criminal conspiracy to commit a class A felony;

(b) Assault in the second degree;

(d) Child molestation in the second degree;

(e) Controlled substance homicide;

(f) Extortion in the first degree;

(g) Incest when committed against a child under age fourteen;

(h) Indecent liberties;

(i) Kidnapping in the second degree;

(j) Leading organized crime;

(k) Manslaughter in the first degree;

(l) Manslaughter in the second degree;

(m) Promoting prostitution in the first degree;

(n) Rape in the third degree;

(o) Robbery in the second degree;

(p) Sexual exploitation;

(q) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner;

(r) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

(s) Any other class B felony offense with a finding of sexual motivation;

(t) Any other felony with a deadly weapon verdict under RCW 9.94A.602;

(u) Any felony offense in effect at any time prior to December 2, 1993, that is comparable to a most serious offense under this subsection, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a most serious offense under this subsection;

(v)(i) A prior conviction for indecent liberties under RCW 9A.88.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. sess. as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), and (c) as it existed from July 1, 1979, until June 11, 1986, and RCW 9A.44.100(1) (a), (b), and (d) as it existed from June 11, 1986, until July 1, 1988;

(ii) A prior conviction for indecent liberties under RCW 9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988, if: (A) The crime was committed against a child under the age of fourteen; or (B) the relationship between the victim and perpetrator is included in the definition of indecent liberties under RCW 9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 1993, through July 27, 1997.

(29) "Nonviolent offense" means an offense which is not a violent offense.

(30) "Offender" means a person who has committed a felony established by state law and is eighteen years of age or older or is less than eighteen years of age but whose case is under superior court jurisdiction under RCW 13.04.030 or has been transferred by the appropriate juvenile court to a criminal court pursuant to RCW 13.40.110. Throughout this chapter, the terms "offender" and "defendant" are used interchangeably.

(31) "Partial confinement" means confinement for no more than one year in a facility or institution operated or utilized under contract by the state or any other unit of government, or, if home detention or work crew has been ordered by the court, in an approved residence, for a substantial portion of each day with the balance of the day spent in the community. Partial confinement includes work release, home detention, work crew, and a combination of work crew and home detention.

(32) "Persistent offender" is an offender who:

(a)(i) Has been convicted in this state of any felony considered a most serious offense; and

(ii) Has, before the commission of the offense under (a) of this subsection, been convicted as an offender on at least two separate occasions, whether in this state or elsewhere, of felonies that under the laws of this state would be considered most serious offenses and would be included in the offender score under RCW 9.94A.525; provided that of the two or more previous convictions, at least one conviction must have occurred before the commission of any of the other most serious offenses for which the offender was previously convicted; or

(b)(i) Has been convicted of: (A) Rape in the first degree, rape of a child in the first degree, child molestation in the first degree, rape in the second degree, rape of a child in the second degree, or indecent liberties by forcible compulsion; (B) any of the following offenses with a finding of sexual motivation: Murder in the first degree, murder in the second degree, homicide by abuse, kidnapping in the first degree, kidnapping in the second degree, assault in the first degree, assault in the second degree, assault of a child in the first degree, or burglary in the first degree; or (C) an attempt to commit any crime listed in this subsection (32)(b)(i); and

(ii) Has, before the commission of the offense under (b)(i) of this subsection, been convicted as an offender on at least one occasion, whether in this state or elsewhere, of an offense listed in (b)(i) of this subsection or any federal or out-of-state offense or offense under prior Washington law that is comparable to the offenses listed in (b)(i) of this subsection. A conviction for rape of a child in the first degree constitutes a conviction under (b)(i) of this subsection only when the offender was sixteen years of age or older when the offender committed the offense. A conviction for rape of a child in the second degree constitutes a conviction under (b)(i) of this subsection only when the offender was eighteen years of age or older when the offender committed the offense.

(33) "Postrelease supervision" is that portion of an offender's community placement that is not community custody.

(34) "Restitution" means a specific sum of money ordered by the sentencing court to be paid by the offender to the court over a specified period of time as payment of damages. The sum may include both public and private costs.

(35) "Risk assessment" means the application of an objective instrument supported by research and adopted by the department for the purpose of assessing an offender's risk of reoffense, taking into consideration the nature of the harm done by the offender, place and circumstances of the offender related to risk, the offender's relationship to any victim, and any information provided to the department by victims. The results of a risk assessment shall not be based on unconfirmed or unconfirmable allegations.

(36) "Serious traffic offense" means:

(a) Driving while under the influence of intoxicating liquor or any drug (RCW 46.61.502), actual physical control while under the influence of intoxicating liquor or any drug (RCW 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5)); or

(b) Any federal, out-of-state, county, or municipal conviction for an offense that under the laws of this state would be classified as a serious traffic offense under (a) of this subsection.

(37) "Serious violent offense" is a subcategory of violent offense and means:

(a)(i) Murder in the first degree;

(ii) Homicide by abuse;

(iii) Murder in the second degree;

(iv) Manslaughter in the first degree;

(v) Assault in the first degree;

(vi) Kidnapping in the first degree;

(vii) Rape in the first degree;

(viii) Assault of a child in the first degree; ((or))

(ix) Terrorism in the first degree (RCW 9A.--.--- (section 3 of this act));

(x) Terrorism in the second degree (RCW 9A.--.--- (section 4 of this act));

(xi) Unlawful use or possession of a weapon of mass destruction (RCW 9A.--.--- (section 5 of this act)); or

(xii) An attempt, criminal solicitation, or criminal conspiracy to commit one of these felonies; or

(b) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious violent offense under (a) of this subsection.

(38) "Sex offense" means:

(a)(i) A felony that is a violation of chapter 9A.44 RCW other than RCW 9A.44.130(11);

(ii) A violation of RCW 9A.64.020;

(iii) A felony that is a violation of chapter 9.68A RCW other than RCW 9.68A.070 or 9.68A.080; or

(iv) A felony that is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation, or criminal conspiracy to commit such crimes;

(b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a sex offense in (a) of this subsection;

(d) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a sex offense under (a) of this subsection.

(39) "Sexual motivation" means that one of the purposes for which the defendant committed the crime was for the purpose of his or her sexual gratification.

(40) "Standard sentence range" means the sentencing court's discretionary range in imposing a nonappealable sentence.

(41) "Statutory maximum sentence" means the maximum length of time for which an offender may be confined as punishment for a crime as prescribed in chapter 9A.20 RCW, RCW 9.92.010, the statute defining the crime, or other statute defining the maximum penalty for a crime.

(42) "Total confinement" means confinement inside the physical boundaries of a facility or institution operated or utilized under contract by the state or any other unit of government for twenty-four hours a day, or pursuant to RCW 72.64.050 and 72.64.060.

(43) "Transition training" means written and verbal instructions and assistance provided by the department to the offender during the two weeks prior to the offender's successful completion of the work ethic camp program. The transition training shall include instructions in the offender's requirements and obligations during the offender's period of community custody.

(44) "Victim" means any person who has sustained emotional, psychological, physical, or financial injury to person or property as a direct result of the crime charged.

(45) "Violent offense" means:

(a) Any of the following felonies:

(i) Any felony defined under any law as a class A felony or an attempt to commit a class A felony;

(ii) Criminal solicitation of or criminal conspiracy to commit a class A felony;

(iii) Manslaughter in the first degree;

(iv) Manslaughter in the second degree;

(v) Indecent liberties if committed by forcible compulsion;

(vi) Kidnapping in the second degree;

(vii) Arson in the second degree;

(viii) Assault in the second degree;

(ix) Assault of a child in the second degree;

(x) Extortion in the first degree;

(xi) Robbery in the second degree;

(xii) Drive-by shooting;

(xiii) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner; and

(xiv) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;

(b) Any conviction for a felony offense in effect at any time prior to July 1, 1976, that is comparable to a felony classified as a violent offense in (a) of this subsection; and

(c) Any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a violent offense under (a) or (b) of this subsection.

(46) "Work crew" means a program of partial confinement consisting of civic improvement tasks for the benefit of the community that complies with RCW 9.94A.725.

(47) "Work ethic camp" means an alternative incarceration program as provided in RCW 9.94A.690 designed to reduce recidivism and lower the cost of corrections by requiring offenders to complete a comprehensive array of real-world job and vocational experiences, character-building work ethics training, life management skills development, substance abuse rehabilitation, counseling, literacy training, and basic adult education.

(48) "Work release" means a program of partial confinement available to offenders who are employed or engaged as a student in a regular course of study at school.

Sec. 18. RCW 9A.04.080 and 1998 c 221 s 2 are each amended to read as follows:

(1) Prosecutions for criminal offenses shall not be commenced after the periods prescribed in this section.

(a) The following offenses may be prosecuted at any time after their commission:

(i) Murder;

(ii) Any offense defined in chapter 9A.‑- RCW (sections 1 through 8 and 19 through 25 of this act);

(iii) Homicide by abuse;

((~~(iii)~~)) (iv) Arson if a death results;

((~~(iv)~~)) (v) Vehicular homicide;

((~~(v)~~)) (vi) Vehicular assault if a death results;

((~~(vi)~~)) (vii) Hit-and-run injury-accident if a death results (RCW 46.52.020(4)).

(b) The following offenses shall not be prosecuted more than ten years after their commission:

(i) Any felony committed by a public officer if the commission is in connection with the duties of his or her office or constitutes a breach of his or her public duty or a violation of the oath of office;

(ii) Arson if no death results; or

(iii) Violations of RCW 9A.44.040 or 9A.44.050 if the rape is reported to a law enforcement agency within one year of its commission; except that if the victim is under fourteen years of age when the rape is committed and the rape is reported to a law enforcement agency within one year of its commission, the violation may be prosecuted up to three years after the victim's eighteenth birthday or up to ten years after the rape's commission, whichever is later. If a violation of RCW 9A.44.040 or 9A.44.050 is not reported within one year, the rape may not be prosecuted: (A) More than three years after its commission if the violation was committed against a victim fourteen years of age or older; or (B) more than three years after the victim's eighteenth birthday or more than seven years after the rape's commission, whichever is later, if the violation was committed against a victim under fourteen years of age.

(c) Violations of the following statutes shall not be prosecuted more than three years after the victim's eighteenth birthday or more than seven years after their commission, whichever is later: RCW 9A.44.073, 9A.44.076, 9A.44.083, 9A.44.086, 9A.44.070, 9A.44.080, 9A.44.100(1)(b), or 9A.64.020.

(d) The following offenses shall not be prosecuted more than six years after their commission: Violations of RCW 9A.82.060 or 9A.82.080.

(e) The following offenses shall not be prosecuted more than five years after their commission: Any class C felony under chapter 74.09, 82.36, or 82.38 RCW.

(f) Bigamy shall not be prosecuted more than three years after the time specified in RCW 9A.64.010.

(g) A violation of RCW 9A.56.030 must not be prosecuted more than three years after the discovery of the offense when the victim is a tax exempt corporation under 26 U.S.C. Sec. 501(c)(3).

(h) No other felony may be prosecuted more than three years after its commission; except that in a prosecution under RCW 9A.44.115, if the person who was viewed, photographed, or filmed did not realize at the time that he or she was being viewed, photographed, or filmed, the prosecution must be commenced within two years of the time the person who was viewed or in the photograph or film first learns that he or she was viewed, photographed, or filmed.

(i) No gross misdemeanor may be prosecuted more than two years after its commission.

(j) No misdemeanor may be prosecuted more than one year after its commission.

(2) The periods of limitation prescribed in subsection (1) of this section do not run during any time when the person charged is not usually and publicly resident within this state.

(3) If, before the end of a period of limitation prescribed in subsection (1) of this section, an indictment has been found or a complaint or an information has been filed, and the indictment, complaint, or information is set aside, then the period of limitation is extended by a period equal to the length of time from the finding or filing to the setting aside.

NEW SECTION. Sec. 19. CRIMINAL PENALTIES ADDITIONAL TO CIVIL AND ADMINISTRATIVE SANCTIONS. The penalties imposed pursuant to this chapter shall be in addition to, and not in lieu of, all other civil, administrative, and other penalties and remedies provided for by other laws providing penalties or remedies for actions or conduct which also constitutes a violation of this chapter.

NEW SECTION. Sec. 20. ADDITIONAL PENALTIES. In addition to all other penalties, criminal or civil, and any other provision of law notwithstanding, any person convicted of any of the offenses described in this chapter shall be ordered by the sentencing court to:

(1) Make restitution for actual damages sustained to those persons or entities injured by the commission of any of the offenses described in this chapter;

(2) Make restitution of all costs and expenses incurred by the state or county in the investigation and prosecution of the offense, including any costs of defense provided at public expense.

NEW SECTION. Sec. 21. ANTIMERGER PROVISION. Every person who, in the commission of an offense defined by this chapter, commits any other crime may be punished therefor, as well as for the violation of this chapter, and may be prosecuted for each crime separately.

NEW SECTION. Sec. 22. SECTION CAPTIONS. Section captions as used in this chapter do not constitute any part of the law.

NEW SECTION. Sec. 23. SEVERABILITY. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 24. SHORT TITLE. This act shall be known as the Washington AntiTerrorism Act of 2002.

NEW SECTION. Sec. 25. DECLARING AN EMERGENCY. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

NEW SECTION. Sec. 26. It is the intent of the legislature to prevent terrorist attacks, and thereby save the lives of Washington residents by providing appropriate investigative tools that facilitate and promote cooperation between local, state, and federal law enforcement agencies, that remove barriers to cooperation in terrorism investigations, and that continue to protect the privacy rights of residents of the state.

NEW SECTION. Sec. 27. A new section is added to chapter 9.73 RCW to read as follows:

The attorney general or any deputy or assistant attorney general specifically designated by the attorney general, or a prosecuting attorney or any deputy or assistant prosecuting attorney specifically designated by a prosecuting attorney, may authorize an application to a superior court for, and the court may grant, in conformity with section 28 of this act, an order authorizing the interception, by a law enforcement agency having responsibility for the investigation of the offense as to which the application is made, of wire, oral, or electronic communications if the interception may provide evidence of an act of terrorism.

NEW SECTION. Sec. 28. A new section is added to chapter 9.73 RCW to read as follows:

(1) Each application pursuant to section 27 of this act for an order authorizing the interception of a wire, oral, or electronic communication shall be made in writing upon oath or affirmation to a superior court and shall state the applicant's authority to make the application. Each application shall include the following information:

(a) The identity of the investigative or law enforcement officer making the application, and the officer authorizing the application;

(b) A full and complete statement of the facts and circumstances relied upon by the applicant, to justify his or her belief that an order should be issued, including (i) details as to the particular act of terrorism that has been, is being, or is about to be committed, (ii) except as provided in subsection (11) of this section, a particular description of the nature and location of the facilities from which or the place where the communication is to be intercepted, (iii) a particular description of the type of communications sought to be intercepted, and (iv) the identity of the person, if known, committing the offense and whose communications are to be intercepted;

(c) A full and complete statement as to whether or not other investigative procedures have been tried and failed or why they reasonably appear to be unlikely to succeed if tried or to be too dangerous;

(d) A statement of the period of time for which the interception is required to be maintained. If the nature of the investigation is such that the authorization of interceptions should not automatically terminate when the described type of communication has been first obtained, a particular description of facts establishing probable cause to believe that additional communications of the same type will occur thereafter;

(e) A full and complete statement of the facts concerning all previous applications known to the individual authorizing and making the application, made to any court for authorization to intercept wire, oral, or electronic communications involving any of the same persons, facilities, or places specified in the application, and the action taken by the court on each such application; and

(f) Where the application is for the extension of an order, a statement setting forth the results thus far obtained from the interception, or a reasonable explanation of the failure to obtain results.

(2) The court may require the applicant to furnish additional testimony or documentary evidence in support of the application.

(3) Upon receiving the application, the court may enter an ex parte order, as requested or as modified, authorizing interception of wire, oral, or electronic communications, if the court determines on the basis of the facts submitted by the applicant that:

(a) There is probable cause for belief that a person is committing, has committed, or is about to commit an act of terrorism;

(b) There is probable cause for belief that particular communications concerning the offense will be obtained through the interception;

(c) Normal investigative procedures have been tried and have failed or reasonably appear to be unlikely to succeed if tried or to be too dangerous;

(d) Except as provided in subsection (11) of this section, there is probable cause for belief that the facilities from which, or the place where, the wire, oral, or electronic communications are to be intercepted are being used, or are about to be used, in connection with the commission of the offense, or are leased to, listed in the name of, or commonly used by such person.

(4) Each order authorizing the interception of any wire, oral, or electronic communication under this section shall specify:

(a) The identity of the person, if known, whose communications are to be intercepted;

(b) The nature and location of the communications facilities as to which, or the place where, authority to intercept is to be granted;

(c) A particular description of the type of communication sought to be intercepted, and a statement of the particular offense to which it relates;

(d) The identity of the agency authorized to intercept the communications, and of the person authorizing the application; and

(e) The period of time during which the interception is authorized, including a statement as to whether or not the interception shall automatically terminate when the described communication has been first obtained.

(5) An order authorizing the interception of a wire, oral, or electronic communication under this section shall, upon request of the applicant, direct that a provider of wire or electronic communication service, landlord, custodian, or other person shall furnish the applicant forthwith all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services that the service provider, landlord, custodian, or such other person is according the person whose communications are to be intercepted. Any service provider, landlord, custodian, or other person furnishing such facilities or technical assistance shall be compensated by the applicant for reasonable expenses incurred in providing the facilities or assistance.

(6) No order entered under this section may authorize the interception of any wire, oral, or electronic communication for any period longer than is necessary to achieve the objective of the authorization, nor in any event longer than thirty days. The thirty‑day period begins on the earlier of the day on which the investigative or law enforcement officer first begins to conduct an interception under the order or ten days after the order is entered. Extensions of an order may be granted, but only upon application for an extension made in accordance with subsection (1) of this section and the court making the findings required by subsection (3) of this section. The period of extension shall be no longer than the authorizing court deems necessary to achieve the purposes for which it is granted and in no event for longer than thirty days. Every order and extension shall contain a provision that the authorization to intercept shall be executed as soon as practicable, shall be conducted in such a way as to minimize the interception of communications not otherwise subject to interception under this section, and must terminate upon attainment of the authorized objective, or in any event in thirty days. In the event the intercepted communication is in a code or foreign language, and an expert in that code or foreign language is not reasonably available during the interception period, minimization may be accomplished as soon as practicable after the interception. An interception under this section may be conducted in whole or in part by employees of the state or a political subdivision of the state, or by an individual operating under a contract with the state or a political subdivision of the state, when acting under the supervision of an investigative or law enforcement officer authorized to conduct the interception.

(7) Whenever an order authorizing interception is entered pursuant to this section, the order may require reports to be made to the court that issued the order showing what progress has been made toward achievement of the authorized objective and the need for continued interception. The reports shall be made at such intervals as the court may require.

(8)(a) The contents of any wire, oral, or electronic communication intercepted by any means authorized by this section shall, if possible, be recorded on tape or wire or other comparable device. The recording of the contents of any wire, oral, or electronic communication under this subsection shall be done in such a way as will protect the recording from editing or other alterations. Immediately upon the expiration of the period of the order, or extensions thereof, the recordings shall be made available to the court issuing the order and shall be sealed under the court's directions. Custody of the recordings shall be wherever the court orders. The recordings shall not be destroyed except upon an order of the issuing court and in any event shall be kept for at least ten years. Duplicate recordings may be made for use, or for disclosure pursuant to the provisions of section 31 (1) and (2) of this act, for investigations. The presence of the seal provided for by this subsection, or a satisfactory explanation for the absence thereof, shall be a prerequisite for the use or disclosure of the contents of any wire, oral, or electronic communication or derivative evidence under section 31(3) of this act.

(b) Applications made and orders granted under this section shall be sealed by the court. Custody of the applications and orders shall be wherever the court directs. The applications and orders shall be disclosed only upon a showing of good cause before a superior court and shall not be destroyed except on order of the issuing or denying court, and in any event shall be kept for at least ten years.

(d) Within a reasonable time but not later than ninety days after the termination of the period of an order or extensions thereof, the issuing court shall cause to be served, on the persons named in the order, and such other parties to intercepted communications as the court may determine is in the interest of justice, an inventory which shall include notice of (i) the fact of the entry of the order, (ii) the date of the entry and the period of authorized interception, and (iii) whether during that period wire, oral, or electronic communications were or were not intercepted.

The court, upon the filing of a motion, may make available to any such person or party or his or her counsel for inspection such portions of the intercepted communications and orders as the court determines to be in the interest of justice. On an ex parte showing of good cause to the court, the serving of the inventory required by this subsection may be postponed.

(9) The contents of any wire, oral, or electronic communication intercepted pursuant to this section or evidence derived from such contents shall not be received in evidence or otherwise disclosed in any trial, hearing, or other proceeding in a court of this state unless each party, not less than ten days before the trial, hearing, or proceeding, has been furnished with a copy of the court order, and accompanying application, under which the interception was authorized. This ten-day period may be waived by the court upon a finding that it was not possible to furnish the party with the order and application ten days before the trial, hearing, or proceeding and that the party will not be prejudiced by the delay in receiving such information.

(10)(a) An aggrieved person in any trial, hearing, or other proceeding in or before any court, administrative law judge, hearing officer or examiner, department, officer, agency, board, regulatory body, legislative committee, or other similar authority of this state or any political subdivision of this state may move to suppress the contents of any wire, oral, or electronic communication intercepted pursuant to this section, or evidence derived from such contents, on the grounds that (i) the communication was unlawfully intercepted; (ii) the order of authorization under which it was intercepted is insufficient on its face; or (iii) the interception was not made in conformity with the order of authorization.

Such a motion shall be made before the trial, hearing, or proceeding unless there was no opportunity to make the motion or the person was not aware of the grounds of the motion. If the motion is granted, the contents of the intercepted wire, oral, or electronic communication, or evidence derived from such contents, shall be treated as having been obtained in violation of this section. The court or person presiding, upon the filing of such a motion by the aggrieved person, may make available to the aggrieved person or his or her counsel for inspection such portions of the intercepted communication or derivative evidence as the court or person presiding determines to be in the interest of justice.

(b) In addition to any other right to appeal, the state or other proponent of evidence that is suppressed has the right to appeal from an order granting a motion to suppress made under (a) of this subsection, if the attorney for the state or other proponent certifies to the court or other official granting the motion that the appeal is not taken for purposes of delay. Such an appeal shall be taken within thirty days after the date the order was entered and shall be diligently prosecuted.

(11) The requirements of (1)(b)(ii) and (3)(d) of this section relating to the specification of the facilities from which, or the place where, a communication is to be intercepted do not apply if:

(a) In the case of an application with respect to the interception of an oral communication:

(i) The application is by an investigative or law enforcement officer and is approved by the attorney general, a prosecuting attorney, or other attorney authorized to provide such approval under section 27 of this act;

(ii) The application contains a full and complete statement as to why such specification is not practical and identifies the person believed to be committing the offense and whose communications are to be intercepted; and

(iii) The court finds that such specification is not practical; and

(b) In the case of an application with respect to a wire or electronic communication:

(ii) The application identifies the person believed to be committing the offense and whose communications are to be intercepted and the applicant makes a showing that there is probable cause to believe that the person's actions could have the effect of thwarting interception from a specified facility;

(iii) The court finds that such showing has been adequately made; and

(iv) The order authorizing the interception is limited to interception only for such time as it is reasonable to presume that the person identified in the application is reasonably proximate to the instrument through which such communication will be transmitted.

(12) An interception of a communication under an order with respect to which the requirements of (1)(b)(ii) and (3)(d) of this section do not apply by reason of subsection (11)(a) of this section shall not begin until the facilities from which, or the place where, the communication is to be intercepted is ascertained by the person implementing the interception order. A provider of wire or electronic communication service that has received an order as provided for in subsection (11)(b) of this section may move the court to modify or quash the order on the ground that its assistance with respect to the interception cannot be performed in a timely or reasonable fashion. The court, upon notice to the government, shall decide such a motion expeditiously.

NEW SECTION. Sec. 29. A new section is added to chapter 9.73 RCW to read as follows:

(1) As part of a bona fide criminal investigation, the chief law enforcement officer of a law enforcement agency or his or her designee above the rank of first line supervisor may authorize the interception, transmission, or recording of a conversation or communication by officers under the following circumstances:

(a) At least one party to the conversation or communication has consented to the interception, transmission, or recording;

(b) Probable cause exists to believe that the conversation or communication involves an act of terrorism; and

(2) The agency's chief officer or designee authorizing an interception, transmission, or recording under subsection (1) of this section shall prepare and sign a written report at the time of authorization indicating:

(a) The circumstances that meet the requirements of subsection (1) of this section;

(b) The names of the authorizing and consenting parties, except that in those cases where the consenting party is a confidential informant, the name of the confidential informant need not be divulged;

(d) The identity of the particular person or persons, if known, who may have committed or may commit the offense;

(e) The details of the particular offense or offenses that may have been or may be committed and the expected date, location, and approximate time of the conversation or communication; and

(f) Whether there was an attempt to obtain authorization pursuant to RCW 9.73.090(2) and, if there was such an attempt, the outcome of the attempt.

(3) An authorization under this section is valid in all jurisdictions within Washington state and for the interception of communications from additional persons if the persons are brought into the conversation or transaction by the nonconsenting party or if the nonconsenting party or such additional persons cause or invite the consenting party to enter another jurisdiction.

(4) The recording of any conversation or communication under this section shall be done in such a manner that protects the recording from editing or other alterations.

(5) An authorization made under this section is valid for no more than twenty-four hours from the time it is signed by the authorizing officer, and each authorization shall independently meet all of the requirements of this section. The authorizing officer shall sign the written report required under subsection (2) of this section, certifying the exact date and time of his or her signature. An authorization under this section may be extended not more than twice for an additional consecutive twenty-four hour period based upon the same probable cause regarding the same suspected transaction. Each such extension shall be signed by the authorizing officer.

(6) Within fifteen days after the signing of an authorization that results in any interception, transmission, or recording of a conversation or communication pursuant to this section, the law enforcement agency which made the interception, transmission, or recording shall submit a report including the original authorization under subsection (2) of this section to a judge of a court having jurisdiction which report shall identify (a) the persons, including the consenting party, who participated in the conversation, and (b) the date, location, and approximate time of the conversation.

In those cases where the consenting party is a confidential informant, the name of the confidential informant need not be divulged.

A monthly report shall be filed by the law enforcement agency with the administrator for the courts indicating the number of authorizations granted, the date and time of each authorization, interceptions made, arrests resulting from an interception, and subsequent invalidations.

(7)(a) Within two judicial days of receipt of a report under subsection (6) of this section, the court shall make an ex parte review of the authorization, but not of the evidence, and shall make a determination whether the requirements of subsection (1) of this section were met. If the court determines that any of the requirements of subsection (1) of this section were not met, the court shall order that any recording and any copies or transcriptions of the conversation or communication be destroyed. Destruction of recordings, copies, or transcriptions shall be stayed pending any appeal of a finding that the requirements of subsection (1) of this section were not met.

(b) Absent a continuation under (c) of this subsection, six months following a determination under (a) of this subsection that probable cause did not exist, the court shall cause a notice to be mailed to the last known address of any nonconsenting party to the conversation or communication that was the subject of the authorization. The notice shall indicate the date, time, and place of any interception, transmission, or recording made pursuant to the authorization. The notice shall also identify the agency that sought the authorization and shall indicate that a review under (a) of this subsection resulted in a determination that the authorization was made in violation of this section.

(c) An authorizing agency may obtain six-month extensions to the notice requirement of (b) of this subsection in cases of active, ongoing criminal investigations that might be jeopardized by sending the notice.

(8) In any subsequent judicial proceeding, evidence obtained through the interception or recording of a conversation or communication pursuant to this section shall be admissible only if:

(a) The court finds that the requirements of subsection (1) of this section were met and the evidence is used in prosecuting an offense identified in subsection (1)(b) of this section, or the evidence is used in accordance with section 31 of this act; or

(b) The evidence is admitted with the permission of the person whose communication or conversation was intercepted, transmitted, or recorded; or

(c) The evidence is admitted in a prosecution for a serious violent offense as defined in RCW 9.94A.030 in which a party who consented to the interception, transmission, or recording was a victim of the offense; or

(d) The evidence is admitted in a civil suit for personal injury or wrongful death arising out of the same incident, in which a party who consented to the interception, transmission, or recording was a victim of a serious violent offense as defined in RCW 9.94A.030.

Nothing in this subsection bars the admission of testimony of a party or eyewitness to the intercepted, transmitted, or recorded conversation or communication when that testimony is unaided by information obtained solely by violation of RCW 9.73.030.

(9) Any determination of invalidity of an authorization under this section shall be reported by the court to the office of the administrator for the courts.

(10) Any person who intentionally intercepts, transmits, or records or who intentionally authorizes the interception, transmission, or recording of a conversation or communication in violation of this section is guilty of a class C felony punishable according to chapter 9A.20 RCW.

(11) An authorizing agency is liable for twenty-five thousand dollars in exemplary damages, in addition to any other damages authorized by this chapter or by other law, to a person whose conversation or communication was intercepted, transmitted, or recorded pursuant to an authorization under this section if:

(a) In a review under subsection (7) of this section, or in a suppression of evidence proceeding, it has been determined that the authorization was made without the probable cause required by subsection (1)(b) of this section; and

(b) The authorization was also made without a reasonable suspicion that the conversation or communication would involve the unlawful acts identified in subsection (1)(b) of this section.

NEW SECTION. Sec. 30. A new section is added to chapter 9.73 RCW to read as follows:

(1) This section applies to pen registers and traps and traces as defined in section 32 of this act when used to obtain information regarding an act of terrorism.

(2) An investigative or law enforcement officer may seek and the superior court may issue orders and extensions of orders authorizing the installation or application and use of pen registers and traps and traces as provided in this section. The request for an order shall be under oath and shall include the identity of the officer seeking the order and the identity of the law enforcement agency conducting the investigation. The officer must certify that the information likely to be obtained is relevant to an ongoing criminal investigation of terrorism being conducted by that agency.

(3) If the court finds that the information likely to be obtained by such installation or application and use is relevant to an ongoing criminal investigation of terrorism and finds that there is probable cause to believe that the pen register or trap and trace will lead to obtaining evidence of terrorism, contraband, fruits of crime, things criminally possessed, weapons, or other things by means of which an act of terrorism has been committed or reasonably appears about to be committed, or will lead to learning the location of a person who is unlawfully restrained or reasonably believed to be a witness in an investigation of such an act or for whose arrest there is probable cause, the court shall enter an ex parte order authorizing the installation or application and use of a pen register or a trap and trace. The order shall specify:

(a) The identity, if known, of the person to whom is leased or in whose name is listed the telephone line or other instrument or facility to which the pen register or trap and trace is to be attached or applied;

(b) The identity, if known, of the person who is the subject of the criminal investigation;

(c) The attributes of the communications to which the order applies, including the number or other identifier and, if known, the location of the telephone line or other instrument or facility to which the pen register or trap and trace is to be attached or applied, and, in the case of a trap and trace, the geographic limits of the trap and trace; and

(d) A statement of the act of terrorism to which the information likely to be obtained by the pen register or trap and trace relates.

The order shall direct, if the applicant has requested, the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of the pen register or trap and trace. An order issued under this section shall authorize the installation or application and use of a pen register or a trap and trace for a period not to exceed sixty days. An extension of the original order may only be granted upon: A new request for an order under subsection (2) of this section; and a showing that there is a probability that the information or items sought under this subsection are more likely to be obtained under the extension than under the original order. No extension beyond the first extension shall be granted unless: There is a showing that there is a high probability that the information or items sought under this subsection are much more likely to be obtained under the second or subsequent extension than under the original order; and there are extraordinary circumstances such as a direct and immediate danger of death or serious bodily injury to a law enforcement officer. The period of extension shall be for a period not to exceed sixty days.

An order authorizing or approving the installation or application and use of a pen register or a trap and trace shall direct that the order be sealed until otherwise ordered by the court and that the person owning or leasing the line or other facility to which the pen register or trap and trace is attached or applied, or who has been ordered by the court to provide assistance to the applicant, not disclose the existence of the pen register or trap and trace or the existence of the investigation to the listed subscriber or to any other person, unless or until otherwise ordered by the court.

(4) Upon the presentation of an order, entered under subsection (3) of this section, by an officer of a law enforcement agency authorized to install or apply and use a pen register under this chapter, a provider of wire or electronic communication service, landlord, custodian, or other person shall furnish such law enforcement officer forthwith all information, facilities, and technical assistance necessary to accomplish the installation or application of the pen register unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation or application and use is to take place, if such assistance is directed by a court order as provided in subsection (3) of this section.

Upon the request of an officer of a law enforcement agency authorized to receive the results of a trap and trace under this chapter, a provider of a wire or electronic communication service, landlord, custodian, or other person shall install or apply the trap and trace forthwith on the appropriate line or other facility and shall furnish such law enforcement officer all additional information, facilities, and technical assistance including installation or application and operation of the device unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation or application and use is to take place, if such installation or application and assistance is directed by a court order as provided in subsection (3) of this section. Unless otherwise ordered by the court, the results of the trap and trace shall be furnished to the officer of a law enforcement agency, designated in the court order, at reasonable intervals during regular business hours for the duration of the order.

A provider of a wire or electronic communication service, landlord, custodian, or other person who furnishes facilities or technical assistance pursuant to this subsection shall be reasonably compensated by the law enforcement agency that requests the facilities or assistance for such reasonable expenses incurred in providing such facilities and assistance.

No cause of action shall lie in any court against any provider of a wire or electronic communication service, its officers, employees, agents, or other specified persons for providing information, facilities, or assistance in accordance with the terms of a court order under this section. A good faith reliance on a court order under this section, a request pursuant to this section, a legislative authorization, or a statutory authorization is a complete defense against any civil or criminal action brought under this chapter or any other law.

(5)(a) Notwithstanding any other provision of this chapter, a law enforcement officer and a prosecuting attorney or deputy prosecuting attorney who jointly and reasonably determine that there is probable cause to believe that an emergency situation exists that involves immediate danger of death or serious bodily injury to any person that requires the installation or application and use of a pen register or a trap and trace before an order authorizing such installation or application and use can, with due diligence, be obtained, and there are grounds upon which an order could be entered under this chapter to authorize such installation or application and use, may have installed or applied and use a pen register or trap and trace if, within forty-eight hours after the installation or application has occurred, or begins to occur, an order approving the installation or application or use is sought and issued in accordance with subsection (3) of this section. In the absence of an authorizing order, such use shall immediately terminate when the information sought is obtained, when the request for the order is denied, or when forty-eight hours have lapsed since the installation or application of the pen register or trap and trace, whichever is earlier. If an order approving the installation, application, or use is not obtained within forty-eight hours, any information obtained is not admissible as evidence in any legal proceeding. The knowing installation, application, or use by any law enforcement officer of a pen register or trap and trace pursuant to this subsection without seeking the authorizing order within forty-eight hours of the installation or application of the pen register or trap and trace shall constitute a violation of this chapter and be punishable as a gross misdemeanor. A provider of a wire or electronic communication service, landlord, custodian, or other person who furnished facilities or technical assistance pursuant to this subsection shall be reasonably compensated by the law enforcement agency that requests the facilities or assistance for such reasonable expenses incurred in providing such facilities and assistance.

(b) A law enforcement agency that authorizes the installation or application of a pen register or trap and trace under this subsection (5) shall file a monthly report with the administrator for the courts. The report shall indicate the number of authorizations made, the date and time of each authorization, whether a court authorization was sought within forty-eight hours, and whether a subsequent court authorization was granted.

NEW SECTION. Sec. 31. A new section is added to chapter 9.73 RCW to read as follows:

(1)(a) Any investigative or law enforcement officer who, by any means authorized by this section or section 28 or 29 of this act, has obtained knowledge of the contents of any wire, oral, or electronic communication, or evidence derived from such contents, may disclose such contents or derivative evidence to another investigative or law enforcement officer, including an investigative or law enforcement officer of another state, to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure; or

(b) Any investigative or law enforcement officer who, by any means authorized by this section or section 30 of this act, has obtained information from a pen register or trap and trace, or evidence derived from such information, may disclose such contents or derivative evidence to another investigative or law enforcement officer, including an investigative or law enforcement officer of another state, to the extent that such disclosure is appropriate to the proper performance of the official duties of the officer making or receiving the disclosure.

(2)(a) Any investigative or law enforcement officer who, by any means authorized by this section or section 28 or 29 of this act, has obtained knowledge of the contents of any wire, oral, or electronic communication, or evidence derived from such contents, may use such contents or derivative evidence to the extent such use is appropriate to the proper performance of his or her official duties.

(3)(a) Any person who, by any means authorized by this section or section 28 or 29 of this act, has received any information concerning the contents of a wire, oral, or electronic communication, or evidence derived from such contents, intercepted in accordance with section 28 or 29 of this act, may disclose such contents or derivative evidence while giving testimony under oath or affirmation in any proceeding held under the authority of this state or any political subdivision of this state.

(b) Any person who, by any means authorized by this section or section 30 of this act, has received information obtained from a pen register or trap and trace or evidence derived from such information, may disclose such information or derivative evidence while giving testimony under oath or affirmation in any proceeding held under the authority of this state or any political subdivision of this state.

(4)(a) When an investigative or law enforcement officer, while engaged in intercepting wire, oral, or electronic communications in the manner authorized in section 28 or 29 of this act, intercepts wire, oral, or electronic communications relating to an offense other than an offense specified in the order of authorization, the contents of the communications, and evidence derived from the contents, may be disclosed or used as provided in subsections (1) and (2) of this section. Such contents and derivative evidence may be used under subsection (3) of this section when authorized by a superior court where the court finds on subsequent application that the contents were otherwise intercepted in accordance with the provisions of section 28 or 29 of this act. Such application shall be made as soon as practicable.

(b) When an investigative or law enforcement officer, while engaged in obtaining information by any means authorized by section 30 of this act, obtains information from a pen register or trap and trace relating to an offense other than an offense specified in the authorizing order, the information and evidence derived from it may be disclosed or used as provided in subsections (1) and (2) of this section. Such information and derivative evidence may be used under subsection (3) of this section when authorized by a superior court where the court finds on subsequent application that the information was otherwise obtained in accordance with section 30 of this act. Such application shall be made as soon as practicable.

(5)(a) Any investigative or law enforcement officer, or attorney for the state or any political subdivision of the state, who by any means authorized by this section or section 28 or 29 of this act has obtained knowledge of the contents of any wire, oral, or electronic communication, or evidence derived from such contents, may also disclose such contents or derivative evidence to any federal intelligence, protective, immigration, national defense, or national security official to the extent that such contents or derivative evidence includes foreign intelligence or counterintelligence, as defined in section 3 of the National Security Act of 1947, 50 U.S.C. Sec. 401(a), or foreign intelligence information, as defined in subsection (19) of 18 U.S.C. Sec. 2510, to assist the official who is to receive that information in the performance of his or her official duties. Any federal official who receives information pursuant to this provision may use that information only as necessary in the conduct of that person's official duties subject to any limitations on the unauthorized disclosure of such information.

(b) Any investigative or law enforcement officer, or attorney for the state or any political subdivision of the state, who by any means authorized by this section or section 30 of this act has obtained information from a pen register or trap and trace or evidence derived from such information, may also disclose such information or derivative evidence to any federal intelligence, protective, immigration, national defense, or national security official to the extent that such information or derivative evidence includes foreign intelligence or counterintelligence, as defined in section 3 of the National Security Act of 1947, 50 U.S.C. Sec. 401(a), or foreign intelligence information, as defined in subsection (19) of 18 U.S.C. Sec. 2510, to assist the official who is to receive that information in the performance of his or her official duties. Any federal official who receives information pursuant to this provision may use that information only as necessary in the conduct of that person's official duties subject to any limitations on the unauthorized disclosure of such information.

(6) Any federal investigative or law enforcement officer who obtains information regarding an act of terrorism from the contents of a wire, oral, or electronic communication or obtains such information from the installation or application of a pen register or trap and trace, or obtains any evidence derived from such information, may disclose such information or derivative evidence while giving testimony under oath or affirmation in any proceeding held under the authority of this state or any political subdivision of this state, if such information or derivative evidence was obtained in compliance with federal law, and in a case in which no party to a communication has consented to an interception, if such information or derivative evidence was obtained through an interception that was also done with prior judicial authorization whether or not such prior authorization was required by federal law.

(7) No otherwise privileged wire, oral, or electronic communication intercepted in accordance with, or in violation of, the provisions of this act shall lose its privileged character.

NEW SECTION. Sec. 32. A new section is added to chapter 9.73 RCW to read as follows:

As used in sections 27 through 31 of this act, the following terms have the following meanings:

(1) "Act of terrorism" means any of the following offenses, or conspiracy to commit any of the following offenses, as they are defined in Title 9A RCW:

(a) Terrorism in the first degree;

(b) Terrorism in the second degree;

(d) Threatening acts of terrorism in the first degree.

(2) "Aggrieved person" means a person who was a party to any intercepted wire, oral, or electronic communication or a person against whom the interception was directed.

(3) "Computer" means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device, but such term does not include an automated typewriter or typesetter, a portable handheld calculator, or other similar device.

(4) "Contents," when used with respect to any wire, oral, or electronic communication, includes any information concerning the substance, purport, or meaning of that communication.

(5) "Electronic communication" means any transfer of signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system, but does not include:

(a) Any wire or oral communication;

(b) Any communication made through a tone-only paging device;

(d) Electronic funds transfer information stored by a financial institution in an electronic communication system used for the electronic storage and transfer of funds.

(6) "Electronic communication service" means any service which provides users the ability to send or receive wire or electronic communications.

(7) "Electronic communication system" means any wire, radio, electromagnetic, photooptical, or photoelectronic facilities for the transmission of wire or electronic communications, and any computer facilities or related electronic equipment for the electronic storage of such communications.

(8) "Electronic storage" means (a) any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof; and (b) any storage of such communication by an electronic communication service for purposes of backup protection of such communication.

(9) "Investigative or law enforcement officer" means any officer of the United States or of this state or a political subdivision of this state, who is empowered by law to conduct investigations of or make arrest for criminal offenses enumerated in the United States Code of laws of this state, and any attorney authorized by law to prosecute or participate in the prosecution of such offenses.

(10) "Oral communication" means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation, but such term does not include any electronic communication.

(11) "Pen register" means a device which records or decodes dialing, routing, addressing, or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted if the device does not record or decode the contents of any communication, but the term does not include any device used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider or any device used by a provider or customer of a wire communication service for cost accounting or other like purposes in the ordinary course of its business.

(12) "Trap and trace" means a device or process which captures the incoming electronic or other impulses which identify the originating number or other dialing, routing, addressing, and signaling information reasonably likely to identify the source of a wire or electronic communication, but which device or process does not capture the contents of any communication.

(13) "User" means any person or entity who (a) uses an electronic communication service; and (b) is duly authorized by the provider of such service to engage in such use.

(14) "Wire communication" means any transfer of the human voice made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception, including the use of such connection in a switching station, furnished or operated by any person engaged in providing or operating such facilities for the transmission of intrastate, interstate, or foreign communications.

Sec. 33. RCW 9.73.240 and 1989 c 271 s 206 are each amended to read as follows:

(1) The attorney general shall have concurrent authority and power with the prosecuting attorneys to investigate violations of RCW 9.73.200 through 9.73.230 ((~~or RCW~~)), 9.73.090, or sections 27 through 31 of this act and initiate and conduct prosecutions of any violations upon request of any of the following:

(a) The person who was the nonconsenting party to the intercepted, transmitted, or recorded conversation or communication; or

(b) The county prosecuting attorney of the jurisdiction in which the offense has occurred.

(2) The request shall be communicated in writing to the attorney general.

NEW SECTION. Sec. 34. CODIFICATION INSTRUCTIONS. Sections 1 through 8 and 19 through 25 of this act constitute a new chapter in Title 9A RCW."

Correct the title.