H-3010.1  _______________________________________________

                          HOUSE BILL 2505

          _______________________________________________

State of Washington      57th Legislature     2002 Regular Session

By Representatives O'Brien, Ballasiotes, Lantz, Haigh, Lovick, Ruderman, Schual‑Berke, Crouse, Campbell, Delvin, Hurst, Lisk, Buck, Benson and Bush

Read first time 01/18/2002.  Referred to Committee on Criminal Justice & Corrections.

Penalizing unlawful instruction in civil disorder.

    AN ACT Relating to instruction in civil disorder; adding a new section to chapter 9.81 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 9.81 RCW to read as follows:

    (1) As used in this section:

    (a) The term "civil disorder" means a public disturbance involving acts of violence by assemblages of three or more persons, that causes an immediate danger of or results in damage or injury to the property or person of any other individual;

    (b) The term "law enforcement officer" means an officer or employee of the United States, a state, a political subdivision of a state, or the District of Columbia, who has law enforcement duties.  The term specifically includes, but is not limited to, members of the National Guard, as defined in 10 U.S.C. Sec. 101(9), members of the organized militia of a state or territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia, not included within the definition of National Guard as defined by 10 U.S.C. Sec. 101(9), and members of the armed forces of the United States.

    (2)(a) Whoever teaches or demonstrates to another person the use, application, or making of a device or technique capable of causing injury or death to persons, knowing or having reason to know or intending that the device or technique will be unlawfully employed for use in, or in furtherance of, a civil disorder; or

    (b) Whoever assembles with one or more persons for the purpose of training with, practicing with, or being instructed in the use of a device or technique capable of causing injury or death to persons, intending to employ unlawfully the device or technique for use in, or furtherance of, a civil disorder;

Is guilty of a felony punishable by imprisonment in the state prison for a period not to exceed ten years, by a fine not in excess of fifty thousand dollars, or by both such fine and imprisonment.

    (3) Nothing in this section makes unlawful an act of a law enforcement officer that is performed in the lawful performance of official duties.

                            --- END ---