H-1056.1  _______________________________________________

                          HOUSE BILL 1564

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representatives Casada, Lantz, Carrell, Hurst, Esser and O'Brien

Read first time 01/30/2001.  Referred to Committee on Judiciary.

Reenacting provisions relating to the crime of making false or misleading statements to public servants.

    AN ACT Relating to the crime of making false or misleading statements to public servants; reenacting RCW 9A.76.175 and 9A.76.020; creating a new section; and declaring an emergency.

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

NEW SECTION. Sec. 1.  The purpose of this act is to respond to State v. Thomas, . . . Wn. App. . . . (Cause No. 24962-6-II, December 21, 2000), by reenacting, without changes, the law prohibiting materially false or misleading statements to public servants, enacted as sections 32 and 33, chapter 285, Laws of 1995.

    Sec. 2.  RCW 9A.76.175 and 1995 c 285 s 32 are each reenacted to read as follows:

    A person who knowingly makes a false or misleading material statement to a public servant is guilty of a gross misdemeanor.  "Material statement" means a written or oral statement reasonably likely to be relied upon by a public servant in the discharge of his or her official powers or duties.

    Sec. 3.  RCW 9A.76.020 and 1995 c 285 s 33 are each reenacted to read as follows:

    (1) A person is guilty of obstructing a law enforcement officer if the person willfully hinders, delays, or obstructs any law enforcement officer in the discharge of his or her official powers or duties.

    (2) "Law enforcement officer" means any general authority, limited authority, or specially commissioned Washington peace officer or federal peace officer as those terms are defined in RCW 10.93.020, and other public officers who are responsible for enforcement of fire, building, zoning, and life and safety codes.

    (3) Obstructing a law enforcement officer is a gross misdemeanor.

NEW SECTION. Sec. 4.  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.

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