[atlas:bill]

AN ACT Relating to protecting the public against terrorists; amending RCW 46.20.117, 9A.32.030, 9A.32.050, 9A.36.011, 9A.36.090, 9A.40.020, 9A.48.020, 9A.52.020, 9A.56.120, 9A.04.110, 9A.56.200, 9A.04.080, and 10.95.020; reenacting and amending RCW 42.17.310; adding a new section to chapter 9A.76 RCW; adding a new chapter to Title 9A RCW; prescribing penalties; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that public safety is one of the highest priorities of government and that the security of the citizens is endangered when those who are committed to engaging in the commission, instigation, planning, preparation, aiding, or financing of terrorist acts abuse the freedoms, rights, privileges, and laws that underpin the great strength of this state and nation.

The legislature further finds that in order to protect the people from harm and reduce threats to their safety and well-being, the state has a compelling interest in obtaining the information necessary to prevent terrorist acts by ensuring that those who are in this country are here legally and are fully complying with the law.

The legislature further finds that those who commit crimes while engaged in the commission, instigation, planning, preparation, aiding, or financing of terrorist acts must be severely punished for their atrocious and evil acts.

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

(1) "Terrorist act" means any violent act, or the threat of any violent act, including mass destruction, bombings, arson, kidnapping, and assassination, against persons or property, that is intended to intimidate or coerce a civilian population, affect or influence the policy of any branch or level of government by intimidation or coercion, affect or influence the conduct of a civilian population or any branch or level of government by intimidation or coercion, or exact revenge, retribution, or retaliation against a civilian population for the conduct of the population or against any branch or level of government for a policy or conduct of the government.

(2) "Terrorist organization" means any corporation, company, partnership, association, trust, foundation, fund, club, society, committee, or other group of two or more persons, whether or not incorporated, permanently or temporarily associated together that knowingly, or with reason to know, is engaged in the commission, instigation, planning, preparation, aiding, or financing of any terrorist act.

(3) "Terrorist" means any person who knowingly, or with reason to know, is engaged in the commission, instigation, planning, preparation, aiding, or financing of any terrorist act.

(4) "Department" means the department of licensing.

NEW SECTION. Sec. 3. Unless otherwise exempted or restricted by federal law:

(1) Any person who is residing in this state who is not a citizen of the United States shall apply for a Washington state identicard under RCW 46.20.117 within fifteen days from the date he or she becomes a resident. For the purposes of this section, a resident is a person who resides in this state for at least thirty consecutive days or for at least ninety days of the previous one hundred twenty days or who otherwise qualifies as a new resident under RCW 46.20.021.

(2) Each person applying for an identicard under this section shall provide the department with a valid visa issued to him or her by the United States and his or her residential address and phone number. Each identicard issued to an applicant by the department under this section shall indicate the person's status under the visa and shall include the visa identification number. The department shall not issue an identicard under this section to any person who does not have a valid visa issued by the United States.

(3) The identicard is valid so long as the person's visa is valid or until the identicard expires under RCW 46.20.117. A person issued an identicard under this section shall notify the department of any action which changes the status or validity of the person's visa.

(4) The department shall keep a record of all persons issued an identicard under this section. The records shall include the person's name, birthdate, place of birth, nationality, residential address and phone number, and his or her visa identification number. Unless disclosure is otherwise required by law, such records shall be confidential except as provided for in this act.

(5) The department shall notify appropriate federal authorities of information obtained under this act pertaining to individuals who are not citizens of the United States who do not possess a valid visa issued by the United States.

(6) The department may provide information deemed confidential under this act to any law enforcement agency officially requesting such information.

(7) Any person who is not a citizen of the United States and who violates this section is guilty of a misdemeanor.

Sec. 4. RCW 46.20.117 and 1999 c 274 s 15 are each amended to read as follows:

(1) Issuance. The department shall issue an identicard, containing a picture, if the applicant:

(a)(i) Does not hold a valid Washington driver's license; or

(ii) Is required to apply under section 3 of this act;

(b) Proves his or her identity as required by RCW 46.20.035; and

(c) Pays the required fee. The fee is four dollars unless an applicant is a recipient of continuing public assistance grants under Title 74 RCW, who is referred in writing by the secretary of social and health services. For those persons the fee must be the actual cost of production of the identicard.

(2) Design and term. The identicard must:

(a) Be distinctly designed so that it will not be confused with the official driver's license; and

(b) Expire on the fifth anniversary of the applicant's birthdate after issuance.

(3) Cancellation. The department may cancel an identicard if the holder of the identicard used the card or allowed others to use the card in violation of RCW 46.20.0921. The department shall cancel an identicard if the holder obtained the identicard under section 3 of this act through misrepresentation or fraud or no longer holds a valid visa issued by the United States.

NEW SECTION. Sec. 5. Unless otherwise exempted or restricted by federal law:

(1) Any adult person who is not a citizen of the United States who applies to attend any school in this state that receives state funds, or who applies for a child under his or her custody, care, or control to attend any school in this state that receives state funds, shall provide the school his or her visa and identicard and his or her residential address and phone number.

(2) A school shall not grant admission to the school to any adult person who does not have a valid visa issued by the United States and a valid identicard. A minor child under the custody, care, or control of a person who is not a citizen of the United States and who has a valid visa and identicard shall be granted admission to the school if otherwise qualified for admission. A minor child under the custody, care, or control of a person who is not a citizen of the United States and who does not have a valid visa and identicard may be granted admission to the school if otherwise qualified for admission. The school shall notify the department of any person who applies for a child to attend the school and who does not possess a valid visa or identicard and shall provide the department with the person's name and residential address and phone number.

(3) An adult person who is not a citizen of the United States attending a school or who has a child under his or her custody, care, or control attending a school shall notify the school of any action which changes the status or validity of the person's visa. The school shall notify the department that the person has notified the school of an action which has changed the status or validity of the person's visa and shall provide the department with the person's name and residential address and phone number.

(4) The school shall keep a record of all persons who are not citizens of the United States who attend the school or who have a child under their custody, care, or control who attend the school. The records shall include the person's name, residential address and phone number, and his or her visa identification number. Unless disclosure is otherwise required by law, such records shall be confidential.

(5) The school and the department may exchange information deemed confidential under this act for purposes of ensuring persons are complying with this act. The school may provide information deemed confidential under this act to any law enforcement agency officially requesting such information.

(6) The school shall deny or cancel admission for any adult person who is not a citizen of the United States if the person obtained admission through an invalid or false or fake visa or identicard or no longer holds a valid visa issued by the United States.

(7) Any person who is not a citizen of the United States and who violates this section is guilty of a misdemeanor.

NEW SECTION. Sec. 6. Unless otherwise exempted or restricted by federal law:

(1) Any person who is not a citizen of the United States who applies for any public assistance, benefits, or services that include state funds shall provide the agency his or her visa and identicard and his or her residential address and phone number.

(2) An agency shall not grant any public assistance, benefit, or service to any person unless the person is a citizen of the United States, or if the person is not a citizen of the United States, unless the person has a valid visa issued by the United States and a valid identicard. The agency may grant public assistance, benefits, or services to a person who is not a citizen of the United States and who does not have a valid visa and identicard if the agency determines that there is a substantial risk that the health or safety of a minor child is in imminent danger and the public assistance, benefits, or services are necessary to protect the health or safety of the minor child. The agency shall notify the department of any person who is not a citizen of the United States who applies for public assistance, benefits, or services and who does not have a valid visa and identicard that the person has applied for public assistance, benefits, or services and does not possess a valid visa or identicard and shall provide the department with the person's name and residential address and phone number.

(3) A person who is not a citizen of the United States who receives public assistance, benefits, or services shall notify the agency of any action which changes the status or validity of the person's visa. The agency shall notify the department that the person has notified the agency of an action which has changed the status or validity of the person's visa and shall provide the department with the person's name and residential address and phone number.

(4) The agency shall keep a record of all persons who are not citizens of the United States who receive public assistance, benefits, or services. The records shall include the person's name, residential address and phone number, and his or her visa identification number. Unless disclosure is otherwise required by law, such records shall be confidential.

(5) The agency and the department may exchange information deemed confidential under this act for purposes of ensuring persons are complying with this act. The agency may provide information deemed confidential under this act to any law enforcement agency officially requesting such information.

(6) The agency shall deny or cancel public assistance, benefits, or services for any person who is not a citizen of the United States if the person obtained public assistance, benefits, or services through an invalid or false or fake visa or identicard or no longer holds a valid visa issued by the United States. The agency may decide to not deny or cancel public assistance, benefits, or services to a person who is not a citizen of the United States and who obtained public assistance, benefits, or services through misrepresentation or fraud or no longer holds a valid visa issued by the United States if the agency determines that there is a substantial risk that the health or safety of a minor child is in imminent danger and the public assistance, benefits, or services are necessary to protect the health or safety of the minor child.

(7) Any person who is not a citizen of the United States and who violates this section is guilty of a misdemeanor.

NEW SECTION. Sec. 7. Unless otherwise exempted or restricted by federal law:

(1) Any person who is not a citizen of the United States who applies for employment with any public or private employer in this state shall provide the employer with his or her visa and identicard and his or her residential address and phone number.

(2) An employer shall not grant employment to any person who does not have a valid visa issued by the United States and a valid identicard. The agency shall notify the department of any person who is not a citizen of the United States who applies for employment and who does not have a valid visa and identicard that the person has applied for employment and does not possess a valid visa or identicard and shall provide the department with the person's name and residential address and phone number.

(3) A person who is not a citizen of the United States who is employed shall notify the employer of any action which changes the status or validity of the person's visa. The employer shall notify the department that the person has notified the employer of an action which has changed the status or validity of the person's visa and shall provide the department with the person's name and residential address and phone number.

(4) The employer shall keep a record of all persons who are not citizens of the United States who are employed by the employer. The records shall include the person's name, residential address and phone number, and his or her visa identification number. Unless disclosure is otherwise required by law, such records shall be confidential.

(5) The employer and the department may exchange information deemed confidential under this act for purposes of ensuring persons are complying with this act. The employer may provide information deemed confidential under this act to any law enforcement agency officially requesting such information.

(6) The employer shall deny or cancel employment for any person who is not a citizen of the United States if the person obtained employment through misrepresentation or fraud or no longer holds a valid visa issued by the United States.

(7) Any person who is not a citizen of the United States and who violates this section is guilty of a misdemeanor.

NEW SECTION. Sec. 8. A new section is added to chapter 9A.76 RCW to read as follows:

(1) Any person who is not a citizen of the United States who is requested or signaled to stop by a law enforcement officer shall provide the law enforcement officer his or her visa and identicard upon request.

(2) A violation of this section is a misdemeanor.

Sec. 9. RCW 42.17.310 and 2001 c 278 s 1, 2001 c 98 s 2, and 2001 c 70 s 1 are each reenacted and amended to read as follows:

(1) The following are exempt from public inspection and copying:

(a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.

(b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.

(c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 84.08.210, 82.32.330, 84.40.020, or 84.40.340 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.

(d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.

(e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.

(f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.

(g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.

(h) Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.

(i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.

(j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.

(k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.

(l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.

(m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (ii) highway construction or improvement as required by RCW 47.28.070.

(n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.

(o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW, and by persons pertaining to export projects pursuant to RCW 43.23.035.

(p) Financial disclosures filed by private vocational schools under chapters 28B.85 and 28C.10 RCW.

(q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.

(r) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency.

(s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.

(t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.

(u) The residential addresses or residential telephone numbers of employees or volunteers of a public agency which are held by any public agency in personnel records, public employment related records, or volunteer rosters, or are included in any mailing list of employees or volunteers of any public agency.

(v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers, except that this information may be released to the division of child support or the agency or firm providing child support enforcement for another state under Title IV-D of the federal social security act, for the establishment, enforcement, or modification of a support order.

(w)(i) The federal social security number of individuals governed under chapter 18.130 RCW maintained in the files of the department of health, except this exemption does not apply to requests made directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations; (ii) the current residential address and current residential telephone number of a health care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests that this information be withheld from public inspection and copying, and provides to the department an accurate alternate or business address and business telephone number. On or after January 1, 1995, the current residential address and residential telephone number of a health care provider governed under RCW 18.130.040 maintained in the files of the department shall automatically be withheld from public inspection and copying unless the provider specifically requests the information be released, and except as provided for under RCW 42.17.260(9).

(x) Information obtained by the board of pharmacy as provided in RCW 69.45.090.

(y) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.

(z) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.

(aa) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.

(bb) Financial and valuable trade information under RCW 51.36.120.

(cc) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in RCW 70.125.030.

(dd) Information that identifies a person who, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.

(ee) Investigative records compiled by an employing agency conducting a current investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws prohibiting discrimination in employment.

(ff) Business related information protected from public inspection and copying under RCW 15.86.110.

(gg) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW.

(hh) Information and documents created specifically for, and collected and maintained by a quality improvement committee pursuant to RCW 43.70.510 or 70.41.200, or by a peer review committee under RCW 4.24.250, regardless of which agency is in possession of the information and documents.

(ii) Personal information in files maintained in a data base created under RCW 43.07.360.

(jj) Financial and commercial information requested by the public stadium authority from any person or organization that leases or uses the stadium and exhibition center as defined in RCW 36.102.010.

(kk) Names of individuals residing in emergency or transitional housing that are furnished to the department of revenue or a county assessor in order to substantiate a claim for property tax exemption under RCW 84.36.043.

(ll) The names, residential addresses, residential telephone numbers, and other individually identifiable records held by an agency in relation to a vanpool, carpool, or other ride-sharing program or service. However, these records may be disclosed to other persons who apply for ride-matching services and who need that information in order to identify potential riders or drivers with whom to share rides.

(mm) The personally identifying information of current or former participants or applicants in a paratransit or other transit service operated for the benefit of persons with disabilities or elderly persons.

(nn) The personally identifying information of persons who acquire and use transit passes and other fare payment media including, but not limited to, stored value smart cards and magnetic strip cards, except that an agency may disclose this information to a person, employer, educational institution, or other entity that is responsible, in whole or in part, for payment of the cost of acquiring or using a transit pass or other fare payment media, or to the news media when reporting on public transportation or public safety. This information may also be disclosed at the agency's discretion to governmental agencies or groups concerned with public transportation or public safety.

(oo) Proprietary financial and commercial information that the submitting entity, with review by the department of health, specifically identifies at the time it is submitted and that is provided to or obtained by the department of health in connection with an application for, or the supervision of, an antitrust exemption sought by the submitting entity under RCW 43.72.310. If a request for such information is received, the submitting entity must be notified of the request. Within ten business days of receipt of the notice, the submitting entity shall provide a written statement of the continuing need for confidentiality, which shall be provided to the requester. Upon receipt of such notice, the department of health shall continue to treat information designated under this section as exempt from disclosure. If the requester initiates an action to compel disclosure under this chapter, the submitting entity must be joined as a party to demonstrate the continuing need for confidentiality.

(pp) Records maintained by the board of industrial insurance appeals that are related to appeals of crime victims' compensation claims filed with the board under RCW 7.68.110.

(qq) Financial and commercial information supplied by or on behalf of a person, firm, corporation, or entity under chapter 28B.95 RCW relating to the purchase or sale of tuition units and contracts for the purchase of multiple tuition units.

(rr) Any records of investigative reports prepared by any state, county, municipal, or other law enforcement agency pertaining to sex offenses contained in chapter 9A.44 RCW or sexually violent offenses as defined in RCW 71.09.020, which have been transferred to the Washington association of sheriffs and police chiefs for permanent electronic retention and retrieval pursuant to RCW 40.14.070(2)(b).

(ss) Credit card numbers, debit card numbers, electronic check numbers, card expiration dates, or bank or other financial account numbers supplied to an agency for the purpose of electronic transfer of funds, except when disclosure is expressly required by law.

(tt) Financial information, including but not limited to account numbers and values, and other identification numbers supplied by or on behalf of a person, firm, corporation, limited liability company, partnership, or other entity related to an application for a liquor license, gambling license, or lottery retail license.

(uu) Records maintained by the employment security department and subject to chapter 50.13 RCW if provided to another individual or organization for operational, research, or evaluation purposes.

(vv) Individually identifiable information received by the work force training and education coordinating board for research or evaluation purposes.

(ww) Those portions of records containing specific and unique vulnerability assessments or specific and unique prevention or response plans, ((~~either~~)) any of which ((is)) are intended to ((~~prevent~~)) deter or mitigate ((~~criminal~~)) terrorist acts as defined in ((~~RCW 70.74.285~~)) section 2 of this act, the public disclosure of which would have a substantial likelihood of threatening public safety.

(xx) Commercial fishing catch data from logbooks required to be provided to the department of fish and wildlife under RCW 77.12.047, when the data identifies specific catch location, timing, or methodology and the release of which would result in unfair competitive disadvantage to the commercial fisher providing the catch data. However, this information may be released to government agencies concerned with the management of fish and wildlife resources.

(yy) Sensitive wildlife data obtained by the department of fish and wildlife. However, sensitive wildlife data may be released to government agencies concerned with the management of fish and wildlife resources. Sensitive wildlife data includes:

(i) The nesting sites or specific locations of endangered species designated under RCW 77.12.020, or threatened or sensitive species classified by rule of the department of fish and wildlife;

(ii) Radio frequencies used in, or locational data generated by, telemetry studies; or

(iii) Other location data that could compromise the viability of a specific fish or wildlife population, and where at least one of the following criteria are met:

(A) The species has a known commercial or black market value;

(B) There is a history of malicious take of that species; or

(C) There is a known demand to visit, take, or disturb, and the species behavior or ecology renders it especially vulnerable or the species has an extremely limited distribution and concentration.

(zz) The personally identifying information of persons who acquire recreational licenses under RCW 77.32.010 or commercial licenses under chapter 77.65 or 77.70 RCW, except name, address of contact used by the department, and type of license, endorsement, or tag. However, the department of fish and wildlife may disclose personally identifying information to:

(i) Government agencies concerned with the management of fish and wildlife resources;

(ii) The department of social and health services, child support division, and to the department of licensing in order to implement RCW 77.32.014 and 46.20.291; and

(iii) Law enforcement agencies for the purpose of firearm possession enforcement under RCW 9.41.040.

(2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.

(3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.

(4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.

Sec. 10. RCW 9A.32.030 and 1990 c 200 s 1 are each amended to read as follows:

(1) A person is guilty of murder in the first degree when:

(a) With a premeditated intent to cause the death of another person, he or she causes the death of such person or of a third person; or

(b) Under circumstances manifesting an extreme indifference to human life, he or she engages in conduct which creates a grave risk of death to any person, and thereby causes the death of a person; or

(c) While acting to knowingly further the commission, instigation, planning, preparation, aiding, or financing of any terrorist act, terrorist organization, or terrorist, he or she engages in intentional or reckless conduct which causes the death of a person; or

(d) He or she commits or attempts to commit the crime of either ((~~(1)~~)) (i) robbery in the first or second degree, ((~~(2)~~)) (ii) rape in the first or second degree, ((~~(3)~~)) (iii) burglary in the first degree, ((~~(4)~~)) (iv) arson in the first or second degree, or ((~~(5)~~)) (v) kidnapping in the first or second degree, and in the course of or in furtherance of such crime or in immediate flight therefrom, he or she, or another participant, causes the death of a person other than one of the participants: Except that in any prosecution under this ((~~subdivision~~)) subsection (1)((~~(c)~~)) (d) in which the defendant was not the only participant in the underlying crime, if established by the defendant by a preponderance of the evidence, it is a defense that the defendant:

(i) Did not commit the homicidal act or in any way solicit, request, command, importune, cause, or aid the commission thereof; and

(ii) Was not armed with a deadly weapon, or any instrument, article, or substance readily capable of causing death or serious physical injury; and

(iii) Had no reasonable grounds to believe that any other participant was armed with such a weapon, instrument, article, or substance; and

(iv) Had no reasonable grounds to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury.

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

Sec. 11. RCW 9A.32.050 and 1975-'76 2nd ex.s. c 38 s 4 are each amended to read as follows:

(1) A person is guilty of murder in the second degree when:

(a) With intent to cause the death of another person but without premeditation, he or she causes the death of such person or of a third person; or

(b) He or she acts or attempts to act to further the commission, instigation, planning, preparation, aiding, or financing of any terrorist act, terrorist organization, or terrorist, or commits or attempts to commit any felony other than those enumerated in RCW 9A.32.030(1)((~~(c)~~)) (d), and, in the course of and in furtherance of such crime or terrorist act or in immediate flight therefrom, he or she, or another participant, causes the death of a person other than one of the participants; except that in any prosecution under this ((~~subdivision~~)) subsection (1)(b) in which the defendant was not the only participant in the underlying crime, if established by the defendant by a preponderance of the evidence, it is a defense that the defendant:

(i) Did not commit the homicidal act or in any way solicit, request, command, importune, cause, or aid the commission thereof; and

(ii) Was not armed with a deadly weapon, or any instrument, article, or substance readily capable of causing death or serious physical injury; and

(iii) Had no reasonable grounds to believe that any other participant was armed with such a weapon, instrument, article, or substance; and

(iv) Had no reasonable grounds to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury.

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

Sec. 12. RCW 9A.36.011 and 1997 c 196 s 1 are each amended to read as follows:

(1) A person is guilty of assault in the first degree if he or she, with intent to inflict great bodily harm:

(a) Assaults another with a firearm or any deadly weapon or by any force or means likely to produce great bodily harm or death; or

(b) Assaults another while acting to further the commission, instigation, planning, preparation, aiding, or financing of any terrorist act, terrorist organization, or terrorist; or

(c) Administers, exposes, or transmits to or causes to be taken by another, poison, the human immunodeficiency virus as defined in chapter 70.24 RCW, or any other destructive or noxious substance; or

((~~(c)~~)) (d) Assaults another and inflicts great bodily harm.

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

Sec. 13. RCW 9A.36.090 and 1982 c 185 s 1 are each amended to read as follows:

(1) Whoever knowingly and willfully by telephonic or electronic communication, postal service, or any other means communicates or attempts to communicate any threat to take the life of or to inflict bodily harm upon the governor of the state or his or her immediate family, the governor-elect, the lieutenant governor, other officer next in the order of succession to the office of governor of the state, or the lieutenant governor-elect, for the purpose of furthering the commission, instigation, planning, preparation, aiding, or financing of any terrorist act, terrorist organization, or terrorist, is guilty of a class B felony.

(2) Whoever knowingly and willfully ((~~deposits for conveyance in the mail or for a delivery from any post office or by any letter carrier any letter, paper, writing, print, missive, or document containing~~)) by telephonic or electronic communication, postal service, or any other means communicates or attempts to communicate any threat to take the life of or to inflict bodily harm upon the governor of the state or his or her immediate family, the governor-elect, the lieutenant governor, other officer next in the order of succession to the office of governor of the state, or the lieutenant governor-elect, ((or knowingly and wilfully otherwise makes any such threat against the governor, governor-elect, lieutenant governor, other officer next in the order of succession to the office of governor, or lieutenant governor-elect, shall be)) is guilty of a class C felony.

((~~(2)~~)) (3) As used in this section, the term "governor-elect" and "lieutenant governor-elect" means such persons as are the successful candidates for the offices of governor and lieutenant governor, respectively, as ascertained from the results of the general election. As used in this section, the phrase "other officer next in the order of succession to the office of governor" means the person other than the lieutenant governor next in order of succession to the office of governor under Article 3, section 10 of the state Constitution.

((~~(3)~~)) (4) The Washington state patrol may investigate for violations of this section.

Sec. 14. RCW 9A.40.020 and 1975 1st ex.s. c 260 s 9A.40.020 are each amended to read as follows:

(1) A person is guilty of kidnapping in the first degree if he or she intentionally abducts another person with intent to:

(a) ((To)) Hold him or her for ransom or reward, or as a shield or hostage; or

(b) ((To)) Facilitate commission of any felony or flight thereafter; or

(c) ((To)) Act to further the commission, instigation, planning, preparation, aiding, or financing of any terrorist act, terrorist organization, or terrorist; or

(d) Inflict bodily injury on him or her; or

((~~(d) To~~)) (e) Inflict extreme mental distress on him or her or a third person; or

((~~(e) To~~)) (f) Interfere with the performance of any governmental function.

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

Sec. 15. RCW 9A.48.020 and 1981 c 203 s 2 are each amended to read as follows:

(1) A person is guilty of arson in the first degree if he or she knowingly and maliciously causes a fire or explosion:

(a) ((~~Causes a fire or explosion~~)) Which is manifestly dangerous to any human life, including firemen; or

(b) ((~~Causes a fire or explosion~~)) While acting to further the commission, instigation, planning, preparation, aiding, or financing of any terrorist act, terrorist organization, or terrorist; or

((~~(c) Causes a fire or explosion~~)) (d) In any building in which there ((~~shall be~~)) is at the time a human being who is not a participant in the crime; or

((~~(d) Causes a fire or explosion~~)) (e) On property valued at ten thousand dollars or more with intent to collect insurance proceeds.

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

Sec. 16. RCW 9A.52.020 and 1996 c 15 s 1 are each amended to read as follows:

(1) A person is guilty of burglary in the first degree if, with intent to commit a crime against a person or property therein, he or she enters or remains unlawfully in a building and if, in entering or while in the building or in immediate flight therefrom, the actor or another participant in the crime (a) is armed with a deadly weapon, or (b) assaults any person, or (c) is acting to further the commission, instigation, planning, preparation, aiding, or financing of any terrorist act, terrorist organization, or terrorist.

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

Sec. 17. RCW 9A.56.120 and 1975 1st ex.s. c 260 s 9A.56.120 are each amended to read as follows:

(1) A person is guilty of extortion in the first degree if he or she commits extortion by means of a threat as defined in RCW 9A.04.110(25) (a), (b), ((or)) (c), or (d).

(2) Extortion in the first degree is a class B felony.

Sec. 18. RCW 9A.04.110 and 1988 c 158 s 1 are each amended to read as follows:

In this title unless a different meaning plainly is required:

(1) "Acted" includes, where relevant, omitted to act;

(2) "Actor" includes, where relevant, a person failing to act;

(3) "Benefit" is any gain or advantage to the beneficiary, including any gain or advantage to a third person pursuant to the desire or consent of the beneficiary;

(4)(a) "Bodily injury," "physical injury," or "bodily harm" means physical pain or injury, illness, or an impairment of physical condition;

(b) "Substantial bodily harm" means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily part or organ, or which causes a fracture of any bodily part;

(c) "Great bodily harm" means bodily injury which creates a probability of death, or which causes significant serious permanent disfigurement, or which causes a significant permanent loss or impairment of the function of any bodily part or organ;

(5) "Building", in addition to its ordinary meaning, includes any dwelling, fenced area, vehicle, railway car, cargo container, or any other structure used for lodging of persons or for carrying on business therein, or for the use, sale or deposit of goods; each unit of a building consisting of two or more units separately secured or occupied is a separate building;

(6) "Deadly weapon" means any explosive or loaded or unloaded firearm, and shall include any other weapon, device, instrument, article, or substance, including a "vehicle" as defined in this section, which, under the circumstances in which it is used, attempted to be used, or threatened to be used, is readily capable of causing death or substantial bodily harm;

(7) "Dwelling" means any building or structure, though movable or temporary, or a portion thereof, which is used or ordinarily used by a person for lodging;

(8) "Government" includes any branch, subdivision, or agency of the government of this state and any county, city, district, or other local governmental unit;

(9) "Governmental function" includes any activity which a public servant is legally authorized or permitted to undertake on behalf of a government;

(10) "Indicted" and "indictment" include "informed against" and "information", and "informed against" and "information" include "indicted" and "indictment";

(11) "Judge" includes every judicial officer authorized alone or with others, to hold or preside over a court;

(12) "Malice" and "maliciously" shall import an evil intent, wish, or design to vex, annoy, or injure another person. Malice may be inferred from an act done in willful disregard of the rights of another, or an act wrongfully done without just cause or excuse, or an act or omission of duty betraying a willful disregard of social duty;

(13) "Officer" and "public officer" means a person holding office under a city, county, or state government, or the federal government who performs a public function and in so doing is vested with the exercise of some sovereign power of government, and includes all assistants, deputies, clerks, and employees of any public officer and all persons lawfully exercising or assuming to exercise any of the powers or functions of a public officer;

(14) "Omission" means a failure to act;

(15) "Peace officer" means a duly appointed city, county, or state law enforcement officer;

(16) "Pecuniary benefit" means any gain or advantage in the form of money, property, commercial interest, or anything else the primary significance of which is economic gain;

(17) "Person", "he", "she", and "actor" include any natural person and, where relevant, a corporation, joint stock association, or an unincorporated association;

(18) "Place of work" includes but is not limited to all the lands and other real property of a farm or ranch in the case of an actor who owns, operates, or is employed to work on such a farm or ranch;

(19) "Prison" means any place designated by law for the keeping of persons held in custody under process of law, or under lawful arrest, including but not limited to any state correctional institution or any county or city jail;

(20) "Prisoner" includes any person held in custody under process of law, or under lawful arrest;

(21) "Property" means anything of value, whether tangible or intangible, real or personal;

(22) "Public servant" means any person other than a witness who presently occupies the position of or has been elected, appointed, or designated to become any officer or employee of government, including a legislator, judge, judicial officer, juror, and any person participating as an advisor, consultant, or otherwise in performing a governmental function;

(23) "Signature" includes any memorandum, mark, or sign made with intent to authenticate any instrument or writing, or the subscription of any person thereto;

(24) "Statute" means the Constitution or an act of the legislature or initiative or referendum of this state;

(25) "Threat" means to communicate, directly or indirectly, the intent to:

(a) ((To)) Cause bodily injury in the future to the person threatened or to any other person; or

(b) ((To)) Cause physical damage to the property of a person other than the actor; or

(d) ((To)) Commit a terrorist act against the person or property of the person threatened or against the person or property of any other person; or

(e) Accuse any person of a crime or cause criminal charges to be instituted against any person; or

((~~(e) To~~)) (f) Expose a secret or publicize an asserted fact, whether true or false, tending to subject any person to hatred, contempt, or ridicule; or

((~~(f) To~~)) (g) Reveal any information sought to be concealed by the person threatened; or

((~~(g) To~~)) (h) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or

((~~(h) To~~)) (i) Take wrongful action as an official against anyone or anything, or wrongfully withhold official action, or cause such action or withholding; or

((~~(i) To~~)) (j) Bring about or continue a strike, boycott, or other similar collective action to obtain property which is not demanded or received for the benefit of the group which the actor purports to represent; or

((~~(j) To~~)) (k) Do any other act which is intended to harm substantially the person threatened or another with respect to his or her health, safety, business, financial condition, or personal relationships;

(26) "Vehicle" means a "motor vehicle" as defined in the vehicle and traffic laws, any aircraft, or any vessel equipped for propulsion by mechanical means or by sail;

(27) Words in the present tense shall include the future tense; and in the masculine shall include the feminine and neuter genders; and in the singular shall include the plural; and in the plural shall include the singular.

Sec. 19. RCW 9A.56.200 and 1975 1st ex.s. c 260 s 9A.56.200 are each amended to read as follows:

(1) A person is guilty of robbery in the first degree if in the commission of a robbery or of immediate flight therefrom, he or she:

(a) Is armed with a deadly weapon; or

(b) Displays what appears to be a firearm or other deadly weapon; or

(d) Is acting to further the commission, instigation, planning, preparation, aiding, or financing of any terrorist act, terrorist organization, or terrorist.

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

Sec. 20. 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) Homicide by abuse;

(iii) Arson if a death results;

(iv) Vehicular homicide;

(v) Vehicular assault if a death results;

(vi) 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) Any felony in which an element of the offense is to further the commission, instigation, planning, preparation, aiding, or financing of any terrorist act, terrorist organization, or terrorist if no death results; or

(iv) 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.

Sec. 21. RCW 10.95.020 and 1998 c 305 s 1 are each amended to read as follows:

(1) A person is guilty of aggravated first degree murder if he or she commits first degree murder as defined by RCW 9A.32.030(1)(a), as now or hereafter amended, and one or more of the following aggravating circumstances exist:

((~~(1)~~)) (a) The victim was a law enforcement officer, corrections officer, or fire fighter who was performing his or her official duties at the time of the act resulting in death and the victim was known or reasonably should have been known by the person to be such at the time of the killing;

((~~(2)~~)) (b) At the time of the act resulting in the death, the person was serving a term of imprisonment, had escaped, or was on authorized or unauthorized leave in or from a state facility or program for the incarceration or treatment of persons adjudicated guilty of crimes;

((~~(3)~~)) (c) At the time of the act resulting in death, the person was in custody in a county or county-city jail as a consequence of having been adjudicated guilty of a felony;

((~~(4)~~)) (d) The person committed the murder pursuant to an agreement that he or she would receive money or any other thing of value for committing the murder;

((~~(5)~~)) (e) The person solicited another person to commit the murder and had paid or had agreed to pay money or any other thing of value for committing the murder;

((~~(6)~~)) (f) The person committed the murder to obtain or maintain his or her membership or to advance his or her position in the hierarchy of an organization, association, or identifiable group;

((~~(7)~~)) (g) The murder was committed during the course of or as a result of a shooting where the discharge of the firearm, as defined in RCW 9.41.010, is either from a motor vehicle or from the immediate area of a motor vehicle that was used to transport the shooter or the firearm, or both, to the scene of the discharge;

((~~(8)~~)) (h) The victim was:

((~~(a)~~)) (i) A judge; juror or former juror; prospective, current, or former witness in an adjudicative proceeding; prosecuting attorney; deputy prosecuting attorney; defense attorney; a member of the indeterminate sentence review board; or a probation or parole officer; and

((~~(b)~~)) (ii) The murder was related to the exercise of official duties performed or to be performed by the victim;

((~~(9)~~)) (i) The person committed the murder to conceal the commission of a crime or to protect or conceal the identity of any person committing a crime, including, but specifically not limited to, any attempt to avoid prosecution as a persistent offender as defined in RCW 9.94A.030;

((~~(10)~~)) (j) There was more than one victim and the murders were part of a common scheme or plan or the result of a single act of the person;

((~~(11)~~)) (k) The murder was committed in the course of, in furtherance of, or in immediate flight from one of the following crimes:

((~~(a)~~)) (i) Robbery in the first or second degree;

((~~(b)~~)) (ii) Rape in the first or second degree;

((~~(c)~~)) (iii) Burglary in the first or second degree or residential burglary;

((~~(d)~~)) (iv) Kidnapping in the first degree; ((or

~~(e)~~)) (v) Arson in the first degree;

((~~(12)~~)) (vi) Assault in the first degree if an element of the assault included acting to further the commission, instigation, planning, preparation, aiding, or financing of any terrorist act, terrorist organization, or terrorist;

(vii) Extortion in the first degree if an element of the extortion included threatening to commit a terrorist act against person or property; or

(viii) Threatening the governor in the first degree;

(l) The victim was regularly employed or self-employed as a newsreporter and the murder was committed to obstruct or hinder the investigative, research, or reporting activities of the victim;

((~~(13)~~)) (m) At the time the person committed the murder, there existed a court order, issued in this or any other state, which prohibited the person from either contacting the victim, molesting the victim, or disturbing the peace of the victim, and the person had knowledge of the existence of that order;

((~~(14)~~)) (n) At the time the person committed the murder, the person and the victim were "family or household members" as that term is defined in RCW 10.99.020(1), and the person had previously engaged in a pattern or practice of three or more of the following crimes committed upon the victim within a five-year period, regardless of whether a conviction resulted:

((~~(a)~~)) (i) Harassment as defined in RCW 9A.46.020; or

((~~(b)~~)) (ii) Any criminal assault.

(2) A person is guilty of aggravated first degree murder if he or she commits murder as defined by RCW 9A.32.030(1)(c), as now or hereafter amended.

NEW SECTION. Sec. 22. Sections 1 through 3 and 5 through 7 of this act constitute a new chapter in Title 9A RCW.

NEW SECTION. Sec. 23. 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. This act is necessary for the immediate preservation of the public peace, health, morals, or safety, or support of the state government and its existing public institutions, and takes effect immediately.