S-3778.2  _______________________________________________

                         SENATE BILL 6725

          _______________________________________________

State of Washington   57th Legislature        2002 Regular Session

By Senators Rasmussen, Swecker and Sheahan

Read first time 01/29/2002.  Referred to Committee on Agriculture & International Trade.

Authorizing treble damages for violence to agricultural research facilities and agricultural production facilities.

    AN ACT Relating to acts of violence against agricultural research and agricultural production facilities; amending RCW 4.24.630; creating a new section; and prescribing penalties.

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

NEW SECTION. Sec. 1.  Agricultural research facilities and agricultural production facilities have become targets of terrorist and violent activities.  Campaigns of violence using intimidation, obstruction, and terrorism are aimed at closing these facilities.  Actions are not only illegal, but this violence imposes extreme suffering and loss to individuals and poses a threat to property and human life.

    Sec. 2.  RCW 4.24.630 and 1999 c 248 s 2 are each amended to read as follows:

    (1) Every person who goes onto the land of another and who removes timber, crops, minerals, or other similar valuable property from the land, or wrongfully causes waste or injury to the land, or wrongfully injures personal property or improvements to real estate on the land, is liable to the injured party for treble the amount of the damages caused by the removal, waste, or injury.

(2) Every person who wrongfully injures, interferes with, interrupts, intimidates, obstructs, or threatens to injure, interfere with, interrupt, intimidate, or obstruct an agricultural research facility or agricultural production facility is liable to the injured party for treble the amount of damages caused by the injury, interference, interruption, intimidation, obstruction, or threat.  As used in this subsection, "agricultural research facility" and "agricultural production facility" refer to facilities conducting research on or involved in the production of products subject to Title 15 RCW.

(3) For purposes of this section, a person acts "wrongfully" if the person intentionally and unreasonably commits the act or acts while knowing, or having reason to know, that he or she lacks authorization to so act.  Damages recoverable under this section include, but are not limited to, damages for the market value of the property removed or injured, and for injury to the land, including the costs of restoration.  In addition, the person is liable for reimbursing the injured party for the party's reasonable costs, including but not limited to investigative costs and reasonable attorneys' fees and other litigation-related costs.

    (((2))) (4) This section does not apply in any case where liability for damages is provided under RCW 64.12.030, 79.01.756, 79.01.760, 79.40.070, or where there is immunity from liability under RCW 64.12.035.

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