AN
ACT Relating to identity theft; amending RCW 43.43.760, 19.16.250, 19.16.250,
9.35.010, 9.35.020, 9.35.030, 9A.82.010, and 13.40.0357; reenacting and
amending RCW 9.94A.320; adding new sections to chapter 9.35 RCW; adding a new
section to chapter 19.182 RCW; creating a new section; prescribing penalties;
providing an effective date; and providing an expiration date.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 9.35 RCW to read as follows:
DEFINITIONS.
The definitions in this section apply throughout this chapter unless the
context clearly requires otherwise.
(1)
"Financial information" means any of the following information
identifiable to the individual that concerns the amount and conditions of an
individual's assets, liabilities, or credit:
(a)
Account numbers and balances;
(b)
Transactional information concerning an account; and
(c)
Codes, passwords, social security numbers, tax identification numbers, driver's
license or permit numbers, state identicard numbers issued by the department of
licensing, and other information held for the purpose of account access or
transaction initiation.
(2)
"Financial information repository" means a person engaged in the
business of providing services to customers who have a credit, deposit, trust,
stock, or other financial account or relationship with the person.
(3)
"Means of identification" means information or an item that is not
describing finances or credit but is personal to or identifiable with an
individual or other person, including: A current or former name of the person,
telephone number, an electronic address, or identifier of the individual or a
member of his or her family, including the ancestor of the person; information
relating to a change in name, address, telephone number, or electronic address
or identifier of the individual or his or her family; a social security,
driver's license, or tax identification number of the individual or a member of
his or her family; and other information that could be used to identify the
person, including unique biometric data.
(4)
"Person" means a person as defined in RCW 9A.04.110.
(5)
"Victim" means a person whose means of identification or financial
information has been used or transferred with the intent to commit, or to aid
or abet, any unlawful activity.
NEW
SECTION. Sec. 2. A
new section is added to chapter 9.35 RCW to read as follows:
INFORMATION
AVAILABLE TO VICTIM. (1) A person, financial information repository, financial
service provider, merchant, corporation, trust, partnership, or unincorporated
association possessing information relating to an actual or potential violation
of this chapter, and who may have entered into a transaction, provided credit,
products, goods, or services, accepted payment, or otherwise done business with
a person who has used the victim's means of identification, must, upon written
request of the victim, provide copies of all relevant application and
transaction information related to the transaction being alleged as a potential
or actual violation of this chapter. Nothing in this section requires the
information provider to disclose information that it is otherwise prohibited
from disclosing by law, except that a law that prohibits disclosing a person's
information to third parties shall not be used to deny disclosure of such
information to the victim under this section.
(2)
Unless the information provider is otherwise willing to verify the victim's
identification, the victim shall provide the following as proof of positive
identification:
(a)
The showing of a government-issued photo identification card or, if providing
proof by mail, a copy of a government-issued photo identification card;
(b)
A copy of a filed police report evidencing the victim's claim; and
(c)
A written statement from the state patrol showing that the state patrol has on
file documentation of the victim's identity pursuant to the personal
identification procedures in RCW 43.43.760.
(3)
The provider may require compensation for the reasonable cost of providing the
information requested.
(4)
No person, financial information repository, financial service provider,
merchant, corporation, trust, partnership, or unincorporated association may be
held liable for an action taken in good faith to provide information regarding
potential or actual violations of this chapter to other financial information
repositories, financial service providers, merchants, law enforcement
authorities, victims, or any persons alleging to be a victim who comply with
subsection (2) of this section which evidences the alleged victim's claim for
the purpose of identification and prosecution of violators of this chapter, or
to assist a victim in recovery of fines, restitution, rehabilitation of the
victim's credit, or such other relief as may be appropriate.
(5)
A person, financial information repository, financial service provider,
merchant, corporation, trust, partnership, or unincorporated association may
decline to provide information pursuant to this section when, in the exercise
of good faith and reasonable judgment, it believes this section does not
require disclosure of the information.
(6)
Nothing in this section creates an obligation on the part of a person,
financial information repository, financial services provider, merchant,
corporation, trust, partnership, or unincorporated association to retain or
maintain information or records that they are not otherwise required to retain
or maintain in the ordinary course of its business.
(7)
The legislature finds that the practices covered by this section are matters
vitally affecting the public interest for the purpose of applying the consumer
protection act, chapter 19.86 RCW. Violations of this section are not
reasonable in relation to the development and preservation of business. It is
an unfair or deceptive act in trade or commerce and an unfair method of
competition for the purpose of applying the consumer protection act, chapter
19.86 RCW. The burden of proof in an action alleging a violation of this
section shall be by a preponderance of the evidence, and the applicable statute
of limitation shall be as set forth in RCW 19.182.120. For purposes of a
judgment awarded pursuant to an action by a consumer under chapter 19.86 RCW,
the consumer shall be awarded actual damages. However, where there has been
willful failure to comply with any requirement imposed under this section, the
consumer shall be awarded actual damages, a monetary penalty of one thousand
dollars, and the costs of the action together with reasonable attorneys' fees
as determined by the court.
Sec.
3. RCW
43.43.760 and 1985 c 201 s 15 are each amended to read as follows:
(1)
Whenever a resident of this state appears before any law enforcement agency and
requests an impression of his or her fingerprints to be made, such
agency may comply with his or her request and make the required copies
of the impressions on forms marked "Personal Identification". The
required copies shall be forwarded to the section and marked "for personal
identification only".
The
section shall accept and file such fingerprints submitted voluntarily by such
resident, for the purpose of securing a more certain and easy identification in
case of death, injury, loss of memory, or other similar circumstances. Upon
the request of such person, the section shall return his or her identification
data.
(2)
Whenever a person claiming to be a victim of identity theft appears before
any law enforcement agency and requests an impression of his or her
fingerprints to be made, such agency may comply with this request and make the
required copies of the impressions on forms marked "Personal
Identification." The required copies shall be forwarded to the section
and marked "for personal identification only."
The
section shall accept and file such fingerprints submitted by such resident, for
the purpose of securing a more certain and easy identification in cases of
identity theft. The section shall provide a statement showing that the
victim's impression of fingerprints has been accepted and filed with the
section.
The
statement provided to the victim shall state clearly in twelve-point print:
"The
person holding this statement has claimed to be a victim of identity theft.
Pursuant to chapter 9.35 RCW, a business is required by law to provide this
victim with copies of all relevant application and transaction information
related to the transaction being alleged as a potential or actual identity
theft. A business must provide this information once the victim makes a
request in writing, shows this statement, any government issued photo identification
card, and a copy of a police report."
Upon
the request of such person, the section shall return his or her identification
data.
(3)
Whenever any person is an applicant for appointment to any position or is an
applicant for employment or is an applicant for a license to be issued by any
governmental agency, and the law or a regulation of such governmental agency
requires that the applicant be of good moral character or not have been
convicted of a crime, or is an applicant for appointment to or employment with
a criminal justice agency, or the department, the applicant may request any law
enforcement agency to make an impression of his or her fingerprints to
be submitted to the section. The law enforcement agency may comply with such
request and make copies of the impressions on forms marked
"applicant", and submit such copies to the section.
The
section shall accept such fingerprints and shall cause its files to be examined
and shall promptly send to the appointing authority, employer, or licensing
authority indicated on the form of application, a transcript of the record of
previous crimes committed by the person described on the data submitted, or a
transcript of the dependency record information regarding the person described
on the data submitted, or if there is no record of his or her commission
of any crimes, or if there is no dependency record information, a statement to
that effect.
(((3)))
(4) The Washington state patrol shall charge fees for processing of
noncriminal justice system requests for criminal history record information
pursuant to this section which will cover, as nearly as practicable, the direct
and indirect costs to the patrol of processing such requests.
Any
law enforcement agency may charge a fee not to exceed five dollars for the
purpose of taking fingerprint impressions or searching its files of
identification for noncriminal purposes.
Sec.
4. RCW
19.16.250 and 1983 c 107 s 1 are each amended to read as follows:
No
licensee or employee of a licensee shall:
(1)
Directly or indirectly aid or abet any unlicensed person to engage in business
as a collection agency in this state or receive compensation from such
unlicensed person: PROVIDED, That nothing in this chapter shall prevent a
licensee from accepting, as forwardee, claims for collection from a collection
agency or attorney whose place of business is outside the state.
(2)
Collect or attempt to collect a claim by the use of any means contrary to the
postal laws and regulations of the United States postal department.
(3)
Publish or post or cause to be published or posted, any list of debtors
commonly known as "bad debt lists" or threaten to do so. For
purposes of this chapter, a "bad debt list" means any list of natural
persons alleged to fail to honor their lawful debts. However, nothing herein
shall be construed to prohibit a licensee from communicating to its customers
or clients by means of a coded list, the existence of a check dishonored
because of insufficient funds, not sufficient funds or closed account by the
financial institution servicing the debtor's checking account: PROVIDED, That
the debtor's identity is not readily apparent: PROVIDED FURTHER, That the
licensee complies with the requirements of subsection (9)(e) of this section.
(4)
Have in his possession or make use of any badge, use a uniform of any law
enforcement agency or any simulation thereof, or make any statements which
might be construed as indicating an official connection with any federal,
state, county, or city law enforcement agency, or any other governmental
agency, while engaged in collection agency business.
(5)
Perform any act or acts, either directly or indirectly, constituting the
practice of law.
(6)
Advertise for sale or threaten to advertise for sale any claim as a means of
endeavoring to enforce payment thereof or agreeing to do so for the purpose of
soliciting claims, except where the licensee has acquired claims as an assignee
for the benefit of creditors or where the licensee is acting under court order.
(7)
Use any name while engaged in the making of a demand for any claim other than
the name set forth on his or its current license issued hereunder.
(8)
Give or send to any debtor or cause to be given or sent to any debtor, any
notice, letter, message, or form which represents or implies that a claim
exists unless it shall indicate in clear and legible type:
(a)
The name of the licensee and the city, street, and number at which he is
licensed to do business;
(b)
The name of the original creditor to whom the debtor owed the claim if such
name is known to the licensee or employee: PROVIDED, That upon written request
of the debtor, the licensee shall make a reasonable effort to obtain the name
of such person and provide this name to the debtor;
(c)
If the notice, letter, message, or form is the first notice to the debtor or if
the licensee is attempting to collect a different amount than indicated in his
or its first notice to the debtor, an itemization of the claim asserted must be
made including:
(i)
Amount owing on the original obligation at the time it was received by the
licensee for collection or by assignment;
(ii)
Interest or service charge, collection costs, or late payment charges, if any,
added to the original obligation by the original creditor, customer or assignor
before it was received by the licensee for collection, if such information is
known by the licensee or employee: PROVIDED, That upon written request of the
debtor, the licensee shall make a reasonable effort to obtain information on
such items and provide this information to the debtor;
(iii)
Interest or service charge, if any, added by the licensee or customer or
assignor after the obligation was received by the licensee for collection;
(iv)
Collection costs, if any, that the licensee is attempting to collect;
(v)
Attorneys' fees, if any, that the licensee is attempting to collect on his or
its behalf or on the behalf of a customer or assignor;
(vi)
Any other charge or fee that the licensee is attempting to collect on his or
its own behalf or on the behalf of a customer or assignor.
(9)
Communicate or threaten to communicate, the existence of a claim to a person
other than one who might be reasonably expected to be liable on the claim in
any manner other than through proper legal action, process, or proceedings
except under the following conditions:
(a)
A licensee or employee of a licensee may inform a credit reporting bureau of
the existence of a claim: PROVIDED, That if the licensee or employee of a
licensee reports a claim to a credit reporting bureau, the licensee shall upon
receipt of written notice from the debtor that any part of the claim is
disputed, forward a copy of such written notice to the credit reporting bureau;
(b)
A licensee or employee in collecting or attempting to collect a claim may
communicate the existence of a claim to a debtor's employer if the claim has
been reduced to a judgment;
(c)
A licensee or employee in collecting or attempting to collect a claim that has
not been reduced to judgment, may communicate the existence of a claim to a
debtor's employer if:
(i)
The licensee or employee has notified or attempted to notify the debtor in
writing at his last known address or place of employment concerning the claim
and the debtor after a reasonable time has failed to pay the claim or has
failed to agree to make payments on the claim in a manner acceptable to the
licensee, and
(ii)
The debtor has not in writing to the licensee disputed any part of the claim:
PROVIDED, That the licensee or employee may only communicate the existence of a
claim which has not been reduced to judgment to the debtor's employer once
unless the debtor's employer has agreed to additional communications.
(d)
A licensee may for the purpose of locating the debtor or locating assets of the
debtor communicate the existence of a claim to any person who might reasonably
be expected to have knowledge of the whereabouts of a debtor or the location of
assets of the debtor if the claim is reduced to judgment, or if not reduced to
judgment, when:
(i)
The licensee or employee has notified or attempted to notify the debtor in
writing at his last known address or last known place of employment concerning
the claim and the debtor after a reasonable time has failed to pay the claim or
has failed to agree to make payments on the claim in a manner acceptable to the
licensee, and
(ii)
The debtor has not in writing disputed any part of the claim.
(e)
A licensee may communicate the existence of a claim to its customers or clients
if the claim is reduced to judgment, or if not reduced to judgment, when:
(i)
The licensee has notified or attempted to notify the debtor in writing at his
last known address or last known place of employment concerning the claim and
the debtor after a reasonable time has failed to pay the claim or has failed to
agree to make payments on the claim in a manner acceptable to the licensee, and
(ii)
The debtor has not in writing disputed any part of the claim.
(10)
Threaten the debtor with impairment of his credit rating if a claim is not
paid.
(11)
Communicate with the debtor after notification in writing from an attorney
representing such debtor that all further communications relative to a claim
should be addressed to the attorney: PROVIDED, That if a licensee requests in
writing information from an attorney regarding such claim and the attorney does
not respond within a reasonable time, the licensee may communicate directly
with the debtor until he or it again receives notification in writing that an
attorney is representing the debtor.
(12)
Communicate with a debtor or anyone else in such a manner as to harass,
intimidate, threaten, or embarrass a debtor, including but not limited to
communication at an unreasonable hour, with unreasonable frequency, by threats
of force or violence, by threats of criminal prosecution, and by use of
offensive language. A communication shall be presumed to have been made for
the purposes of harassment if:
(a)
It is made with a debtor or spouse in any form, manner, or place, more than
three times in a single week;
(b)
It is made with a debtor at his or her place of employment more than one time
in a single week;
(c)
It is made with the debtor or spouse at his or her place of residence between
the hours of 9:00 p.m. and 7:30 a.m.
(13)
Communicate with the debtor through use of forms or instruments that simulate
the form or appearance of judicial process, the form or appearance of
government documents, or the simulation of a form or appearance of a
telegraphic or emergency message.
(14)
Communicate with the debtor and represent or imply that the existing obligation
of the debtor may be or has been increased by the addition of attorney fees,
investigation fees, service fees, or any other fees or charges when in fact
such fees or charges may not legally be added to the existing obligation of
such debtor.
(15)
Threaten to take any action against the debtor which the licensee cannot
legally take at the time the threat is made.
(16)
Send any telegram or make any telephone calls to a debtor or concerning a debt
or for the purpose of demanding payment of a claim or seeking information about
a debtor, for which the charges are payable by the addressee or by the person
to whom the call is made.
(17)
In any manner convey the impression that the licensee is vouched for, bonded to
or by, or is an instrumentality of the state of Washington or any agency or
department thereof.
(18)
Collect or attempt to collect in addition to the principal amount of a claim
any sum other than allowable interest, collection costs or handling fees
expressly authorized by statute, and, in the case of suit, attorney's fees and
taxable court costs.
(19)
Procure from a debtor or collect or attempt to collect on any written note,
contract, stipulation, promise or acknowledgment under which a debtor may be
required to pay any sum other than principal, allowable interest, and, in the
case of suit, attorney's fees and taxable court costs.
(20)
Upon notification by a debtor that the debtor disputes all debts arising from a
series of dishonored checks, automated clearinghouse transactions on a demand
deposit account, or other preprinted written instruments, initiate oral contact
with a debtor more than one time in an attempt to collect from the debtor debts
arising from the identified series of dishonored checks, automated
clearinghouse transactions on a demand deposit account, or other preprinted
written instruments when: (a) Within the previous one hundred eighty days, in
response to the licensee's attempt to collect the initial debt assigned to the
licensee and arising from the identified series of dishonored checks, automated
clearinghouse transactions on a demand deposit account, or other preprinted
written instruments, the debtor in writing notified the licensee that the
debtor's checkbook or other series of preprinted written instruments was stolen
or fraudulently created; (b) the licensee has received from the debtor a
certified copy of a police report referencing the theft or fraudulent creation
of the checkbook, automated clearinghouse transactions on a demand deposit
account, or series of preprinted written instruments; (c) in the written
notification to the licensee or in the police report, the debtor identified the
financial institution where the account was maintained, the account number, the
magnetic ink character recognition number, the full bank routing and transit
number, and the check numbers of the stolen checks, automated clearinghouse
transactions on a demand deposit account, or other preprinted written
instruments, which check numbers included the number of the check that is the
subject of the licensee's collection efforts; (d) the debtor provides, or
within the previous one hundred eighty days provided, to the licensee a legible
copy of a government-issued photo identification, which contains the debtor's
signature and which was issued prior to the date of the theft or fraud
identified in the police report; (e) the debtor advised the licensee that the
subject debt is disputed because the identified check, automated clearinghouse
transaction on a demand deposit account, or other preprinted written instrument
underlying the debt is a stolen or fraudulently created check or instrument;
and (f) information on the checks, automated clearinghouse transactions on a
demand deposit account, or other preprinted written instruments are currently
in the licensee's files that identically match the information provided by the
debtor in (c) of this subsection.
The
licensee is not in violation of this subsection if the licensee initiates oral
contact with the debtor more than one time in an attempt to collect debts
arising from the identified series of dishonored checks, automated
clearinghouse transactions on a demand deposit account, or other preprinted
written instruments when: (i) The licensee acted in good faith and relied on
their established practices and procedures for batching, recording, or packeting
debtor accounts, and the licensee inadvertently initiates oral contact with the
debtor in an attempt to collect debts in the identified series subsequent to
the initial debt assigned to the licensee; (ii) the licensee is following up on
collection of a debt assigned to the licensee, and the debtor has previously
requested more information from the licensee regarding the subject debt; (iii)
the debtor has notified the licensee that the debtor disputes only some, but
not all the debts arising from the identified series of dishonored checks,
automated clearinghouse transactions on a demand deposit account, or other
preprinted written instruments, in which case the licensee shall be allowed to
initiate oral contact with the debtor one time for each debt arising from the
series of identified checks, automated clearinghouse transactions on a demand
deposit account, or written instruments and initiate additional oral contact
for those debts that the debtor acknowledges do not arise from stolen or
fraudulently created checks or written instruments; (iv) the oral contact is in
the context of a judicial, administrative, arbitration, mediation, or similar
proceeding; or (v) the oral contact is made for the purpose of investigating,
confirming, or authenticating the information received from the debtor, to
provide additional information to the debtor, or to request additional
information from the debtor needed by the licensee to accurately record the
debtor's information in the licensee's records.
Sec.
5. RCW
19.16.250 and 1983 c 107 s 1 are each amended to read as follows:
No
licensee or employee of a licensee shall:
(1)
Directly or indirectly aid or abet any unlicensed person to engage in business
as a collection agency in this state or receive compensation from such
unlicensed person: PROVIDED, That nothing in this chapter shall prevent a
licensee from accepting, as forwardee, claims for collection from a collection
agency or attorney whose place of business is outside the state.
(2)
Collect or attempt to collect a claim by the use of any means contrary to the
postal laws and regulations of the United States postal department.
(3)
Publish or post or cause to be published or posted, any list of debtors
commonly known as "bad debt lists" or threaten to do so. For
purposes of this chapter, a "bad debt list" means any list of natural
persons alleged to fail to honor their lawful debts. However, nothing herein
shall be construed to prohibit a licensee from communicating to its customers or
clients by means of a coded list, the existence of a check dishonored because
of insufficient funds, not sufficient funds or closed account by the financial
institution servicing the debtor's checking account: PROVIDED, That the
debtor's identity is not readily apparent: PROVIDED FURTHER, That the licensee
complies with the requirements of subsection (9)(e) of this section.
(4)
Have in his possession or make use of any badge, use a uniform of any law
enforcement agency or any simulation thereof, or make any statements which
might be construed as indicating an official connection with any federal,
state, county, or city law enforcement agency, or any other governmental
agency, while engaged in collection agency business.
(5)
Perform any act or acts, either directly or indirectly, constituting the
practice of law.
(6)
Advertise for sale or threaten to advertise for sale any claim as a means of
endeavoring to enforce payment thereof or agreeing to do so for the purpose of
soliciting claims, except where the licensee has acquired claims as an assignee
for the benefit of creditors or where the licensee is acting under court order.
(7)
Use any name while engaged in the making of a demand for any claim other than
the name set forth on his or its current license issued hereunder.
(8)
Give or send to any debtor or cause to be given or sent to any debtor, any
notice, letter, message, or form which represents or implies that a claim
exists unless it shall indicate in clear and legible type:
(a)
The name of the licensee and the city, street, and number at which he is
licensed to do business;
(b)
The name of the original creditor to whom the debtor owed the claim if such
name is known to the licensee or employee: PROVIDED, That upon written request
of the debtor, the licensee shall make a reasonable effort to obtain the name
of such person and provide this name to the debtor;
(c)
If the notice, letter, message, or form is the first notice to the debtor or if
the licensee is attempting to collect a different amount than indicated in his
or its first notice to the debtor, an itemization of the claim asserted must be
made including:
(i)
Amount owing on the original obligation at the time it was received by the
licensee for collection or by assignment;
(ii)
Interest or service charge, collection costs, or late payment charges, if any,
added to the original obligation by the original creditor, customer or assignor
before it was received by the licensee for collection, if such information is
known by the licensee or employee: PROVIDED, That upon written request of the
debtor, the licensee shall make a reasonable effort to obtain information on
such items and provide this information to the debtor;
(iii)
Interest or service charge, if any, added by the licensee or customer or
assignor after the obligation was received by the licensee for collection;
(iv)
Collection costs, if any, that the licensee is attempting to collect;
(v)
Attorneys' fees, if any, that the licensee is attempting to collect on his or its
behalf or on the behalf of a customer or assignor;
(vi)
Any other charge or fee that the licensee is attempting to collect on his or
its own behalf or on the behalf of a customer or assignor.
(9)
Communicate or threaten to communicate, the existence of a claim to a person
other than one who might be reasonably expected to be liable on the claim in
any manner other than through proper legal action, process, or proceedings
except under the following conditions:
(a)
A licensee or employee of a licensee may inform a credit reporting bureau of
the existence of a claim: PROVIDED, That if the licensee or employee of a
licensee reports a claim to a credit reporting bureau, the licensee shall upon
receipt of written notice from the debtor that any part of the claim is
disputed, forward a copy of such written notice to the credit reporting bureau;
(b)
A licensee or employee in collecting or attempting to collect a claim may
communicate the existence of a claim to a debtor's employer if the claim has
been reduced to a judgment;
(c)
A licensee or employee in collecting or attempting to collect a claim that has
not been reduced to judgment, may communicate the existence of a claim to a
debtor's employer if:
(i)
The licensee or employee has notified or attempted to notify the debtor in
writing at his last known address or place of employment concerning the claim
and the debtor after a reasonable time has failed to pay the claim or has
failed to agree to make payments on the claim in a manner acceptable to the licensee,
and
(ii)
The debtor has not in writing to the licensee disputed any part of the claim:
PROVIDED, That the licensee or employee may only communicate the existence of a
claim which has not been reduced to judgment to the debtor's employer once
unless the debtor's employer has agreed to additional communications.
(d)
A licensee may for the purpose of locating the debtor or locating assets of the
debtor communicate the existence of a claim to any person who might reasonably
be expected to have knowledge of the whereabouts of a debtor or the location of
assets of the debtor if the claim is reduced to judgment, or if not reduced to
judgment, when:
(i)
The licensee or employee has notified or attempted to notify the debtor in
writing at his last known address or last known place of employment concerning
the claim and the debtor after a reasonable time has failed to pay the claim or
has failed to agree to make payments on the claim in a manner acceptable to the
licensee, and
(ii)
The debtor has not in writing disputed any part of the claim.
(e)
A licensee may communicate the existence of a claim to its customers or clients
if the claim is reduced to judgment, or if not reduced to judgment, when:
(i)
The licensee has notified or attempted to notify the debtor in writing at his
last known address or last known place of employment concerning the claim and
the debtor after a reasonable time has failed to pay the claim or has failed to
agree to make payments on the claim in a manner acceptable to the licensee, and
(ii)
The debtor has not in writing disputed any part of the claim.
(10)
Threaten the debtor with impairment of his credit rating if a claim is not
paid.
(11)
Communicate with the debtor after notification in writing from an attorney
representing such debtor that all further communications relative to a claim
should be addressed to the attorney: PROVIDED, That if a licensee requests in
writing information from an attorney regarding such claim and the attorney does
not respond within a reasonable time, the licensee may communicate directly
with the debtor until he or it again receives notification in writing that an
attorney is representing the debtor.
(12)
Communicate with a debtor or anyone else in such a manner as to harass,
intimidate, threaten, or embarrass a debtor, including but not limited to
communication at an unreasonable hour, with unreasonable frequency, by threats
of force or violence, by threats of criminal prosecution, and by use of
offensive language. A communication shall be presumed to have been made for
the purposes of harassment if:
(a)
It is made with a debtor or spouse in any form, manner, or place, more than
three times in a single week;
(b)
It is made with a debtor at his or her place of employment more than one time
in a single week;
(c)
It is made with the debtor or spouse at his or her place of residence between
the hours of 9:00 p.m. and 7:30 a.m.
(13)
Communicate with the debtor through use of forms or instruments that simulate
the form or appearance of judicial process, the form or appearance of
government documents, or the simulation of a form or appearance of a
telegraphic or emergency message.
(14)
Communicate with the debtor and represent or imply that the existing obligation
of the debtor may be or has been increased by the addition of attorney fees,
investigation fees, service fees, or any other fees or charges when in fact
such fees or charges may not legally be added to the existing obligation of
such debtor.
(15)
Threaten to take any action against the debtor which the licensee cannot
legally take at the time the threat is made.
(16)
Send any telegram or make any telephone calls to a debtor or concerning a debt
or for the purpose of demanding payment of a claim or seeking information about
a debtor, for which the charges are payable by the addressee or by the person
to whom the call is made.
(17)
In any manner convey the impression that the licensee is vouched for, bonded to
or by, or is an instrumentality of the state of Washington or any agency or
department thereof.
(18)
Collect or attempt to collect in addition to the principal amount of a claim
any sum other than allowable interest, collection costs or handling fees
expressly authorized by statute, and, in the case of suit, attorney's fees and
taxable court costs.
(19)
Procure from a debtor or collect or attempt to collect on any written note,
contract, stipulation, promise or acknowledgment under which a debtor may be
required to pay any sum other than principal, allowable interest, and, in the
case of suit, attorney's fees and taxable court costs.
(20)
Upon notification by a debtor that the debtor disputes all debts arising from a
series of dishonored checks, automated clearinghouse transactions on a demand
deposit account, or other preprinted written instruments, initiate oral contact
with a debtor more than one time in an attempt to collect from the debtor debts
arising from the identified series of dishonored checks, automated
clearinghouse transactions on a demand deposit account, or other preprinted
written instruments when: (a) Within the previous one hundred eighty days, in
response to the licensee's attempt to collect the initial debt assigned to the
licensee and arising from the identified series of dishonored checks, automated
clearinghouse transactions on a demand deposit account, or other preprinted
written instruments, the debtor in writing notified the licensee that the
debtor's checkbook or other series of preprinted written instruments was stolen
or fraudulently created; (b) the licensee has received from the debtor a
certified copy of a police report referencing the theft or fraudulent creation
of the checkbook, automated clearinghouse transactions on a demand deposit
account, or series of preprinted written instruments; (c) in the written
notification to the licensee or in the police report, the debtor identified the
financial institution where the account was maintained, the account number, the
magnetic ink character recognition number, the full bank routing and transit
number, and the check numbers of the stolen checks, automated clearinghouse
transactions on a demand deposit account, or other preprinted written
instruments, which check numbers included the number of the check that is the
subject of the licensee's collection efforts; (d) the debtor provides, or
within the previous one hundred eighty days provided, to the licensee a legible
copy of a government-issued photo identification, which contains the debtor's
signature and which was issued prior to the date of the theft or fraud
identified in the police report; and (e) the debtor advised the licensee that
the subject debt is disputed because the identified check, automated
clearinghouse transaction on a demand deposit account, or other preprinted
written instrument underlying the debt is a stolen or fraudulently created
check or instrument.
The
licensee is not in violation of this subsection if the licensee initiates oral
contact with the debtor more than one time in an attempt to collect debts
arising from the identified series of dishonored checks, automated
clearinghouse transactions on a demand deposit account, or other preprinted
written instruments when: (i) The licensee acted in good faith and relied on
their established practices and procedures for batching, recording, or
packeting debtor accounts, and the licensee inadvertently initiates oral
contact with the debtor in an attempt to collect debts in the identified series
subsequent to the initial debt assigned to the licensee; (ii) the licensee is
following up on collection of a debt assigned to the licensee, and the debtor
has previously requested more information from the licensee regarding the
subject debt; (iii) the debtor has notified the licensee that the debtor disputes
only some, but not all the debts arising from the identified series of
dishonored checks, automated clearinghouse transactions on a demand deposit
account, or other preprinted written instruments, in which case the licensee
shall be allowed to initiate oral contact with the debtor one time for each
debt arising from the series of identified checks, automated clearinghouse
transactions on a demand deposit account, or written instruments and initiate
additional oral contact for those debts that the debtor acknowledges do not
arise from stolen or fraudulently created checks or written instruments; (iv)
the oral contact is in the context of a judicial, administrative, arbitration,
mediation, or similar proceeding; or (v) the oral contact is made for the purpose
of investigating, confirming, or authenticating the information received from
the debtor, to provide additional information to the debtor, or to request
additional information from the debtor needed by the licensee to accurately
record the debtor's information in the licensee's records.
NEW
SECTION. Sec. 6. A
new section is added to chapter 19.182 RCW to read as follows:
BLOCK
OF INFORMATION APPEARING AS A RESULT OF IDENTITY THEFT. (1) Within thirty days
of receipt of proof of the consumer's identification and a copy of a filed
police report evidencing the consumer's claim to be a victim of a violation of
RCW 9.35.020, a consumer reporting agency shall permanently block reporting any
information the consumer identifies on his or her consumer report is a result
of a violation of RCW 9.35.020, so that the information cannot be reported,
except as provided in subsection (2) of this section. The consumer reporting
agency shall promptly notify the furnisher of the information that a police
report has been filed, that a block has been requested, and the effective date
of the block.
(2)
A consumer reporting agency may decline to block or may rescind any block of
consumer information if, in the exercise of good faith and reasonable judgment,
the consumer reporting agency believes:
(a)
The information was blocked due to a misrepresentation of fact by the consumer
relevant to the request to block under this section;
(b)
The consumer agrees that the blocked information or portions of the blocked
information were blocked in error; or
(c)
The consumer knowingly obtained possession of goods, services, or moneys as a
result of the blocked transaction or transactions or the consumer should have
known that he or she obtained possession of goods, services, or moneys as a
result of the blocked transaction or transactions.
(3)
If the block of information is declined or rescinded under this section, the
consumer shall be notified promptly in the same manner as consumers are
notified of the reinsertion of information pursuant to section 611 of the fair
credit reporting act, 15 U.S.C. Sec. 1681I, as amended. The prior presence of
the blocked information in the consumer reporting agency's file on the consumer
is not evidence of whether the consumer knew or should have known that he or
she obtained possession of any goods, services, or moneys.
NEW
SECTION. Sec. 7. A
new section is added to chapter 9.35 RCW to read as follows:
The
legislature finds that the practices covered by RCW 9.35.010 and 9.35.020 are
matters vitally affecting the public interest for the purpose of applying the
consumer protection act, chapter 19.86 RCW. Violations of RCW 9.35.010 or
9.35.020 are not reasonable in relation to the development and preservation of
business. A violation of RCW 9.35.010 or 9.35.020 is an unfair or deceptive
act in trade or commerce and an unfair method of competition for the purpose of
applying the consumer protection act, chapter 19.86 RCW.
Nothing
in RCW 9.35.010 or 9.35.020 limits a victim's ability to receive treble damages
under RCW 19.86.090.
Sec.
8. RCW
9.35.010 and 1999 c 368 s 2 are each amended to read as follows:
(1)
No person may obtain or attempt to obtain, or cause to be disclosed or attempt
to cause to be disclosed to any person, financial information from a financial
information repository, financial services provider, merchant, corporation,
trust, partnership, or unincorporated association:
(a)
By knowingly making a false, fictitious, or fraudulent statement or
representation to an officer, employee, or agent of a financial information
repository with the intent to deceive the officer, employee, or agent into
relying on that statement or representation for purposes of releasing the
financial information;
(b)
By knowingly making a false, fictitious, or fraudulent statement or
representation to a customer of a financial information repository,
financial services provider, merchant, corporation, trust, partnership, or
unincorporated association with the intent to deceive the customer into
releasing financial information or authorizing the release of such information;
(c)
By knowingly providing any document to an officer, employee, or agent of a
financial information repository, financial services provider, merchant,
corporation, trust, partnership, or unincorporated association, knowing
that the document is forged, counterfeit, lost, or stolen; was fraudulently obtained;
or contains a false, fictitious, or fraudulent statement or representation, if
the document is provided with the intent to deceive the officer, employee, or
agent to release the financial information.
(2)
No person may request another person to obtain financial information from a
financial information repository, financial services provider, merchant,
corporation, trust, partnership, or unincorporated association and knows or
should have known that the person will obtain or attempt to obtain the
information from the financial institution repository, financial services
provider, merchant, corporation, trust, partnership, or unincorporated
association in any manner described in subsection (1) of this section.
(3)
((As used in this section, unless the context clearly requires otherwise:
(a)
"Financial information" means, to the extent it is nonpublic, any of
the following information identifiable to the individual that concerns the
amount and conditions of an individual's assets, liabilities, or credit:
(i)
Account numbers and balances;
(ii)
Transactional information concerning any account; and
(iii)
Codes, passwords, social security numbers, tax identification numbers, driver's
license or permit numbers, state identicard numbers issued by the department of
licensing, and other information held for the purpose of account access or
transaction initiation.
(b)
"Financial information repository" means any person engaged in the
business of providing services to customers who have a credit, deposit, trust,
stock, or other financial account or relationship with the person.
(c)
"Person" means an individual, partnership, corporation, or
association.
(4))) No
provision of this section shall be construed so as to prevent any action by a
law enforcement agency, or any officer, employee, or agent of such agency, or
any action of an agent of the financial information repository, financial
services provider, merchant, corporation, trust, partnership, or unincorporated
association when working in conjunction with a law enforcement agency.
(((5)))
(4) This section does not apply to:
(a)
Efforts by the financial information repository to test security procedures or
systems of the financial institution repository for maintaining the
confidentiality of customer information;
(b)
Investigation of alleged employee misconduct or negligence; or
(c)
Efforts to recover financial or personal information of the financial
institution obtained or received by another person in any manner described in
subsection (1) or (2) of this section.
(((6)))
(5) Violation of this section is a class C felony.
(((7)))
(6) A person ((that [who])) who violates this section is
liable for five hundred dollars or actual damages, whichever is greater, and
reasonable attorneys' fees. ((If the person violating this section is a
business that repeatedly violates this section, that person also violates the
Consumer Protection Act, chapter 19.86 RCW.))
Sec.
9. RCW
9.35.020 and 1999 c 368 s 3 are each amended to read as follows:
(1)
No person may knowingly obtain, possess, use, or ((knowingly))
transfer a means of identification or financial information of another
person, living or dead, with the intent to commit, or to aid or abet,
any ((unlawful activity harming or intending to harm the person whose
identity is used, or for committing any felony.
(2)
For purposes of this section, "means of identification" means any
information or item that is not describing finances or credit but is personal
to or identifiable with any individual or other person, including any current
or former name of the person, telephone number, and electronic address or
identifier of the individual or any member of his or her family, including the
ancestor of such person; any information relating to a change in name, address,
telephone number, or electronic address or identifier of the individual or his
or her family; any social security, driver's license, or tax identification
number of the individual or any member of his or her family; and other
information which could be used to identify the person, including unique
biometric data)) crime.
(((3)))
(2)(a) Violation of this section when the accused or an accomplice
uses the victim's means of identification or financial information and obtains
an aggregate total of credit, money, goods, services, or anything else of value
in excess of one thousand five hundred dollars in value shall constitute
identity theft in the first degree. Identity theft in the first degree is a
class B felony.
(b)
Violation of this section when the accused or an accomplice uses the victim's
means of identification or financial information and obtains an aggregate total
of credit, money, goods, services, or anything else of value that is less than
one thousand five hundred dollars in value, or when no credit, money, goods,
services, or anything of value is obtained shall constitute identity theft in
the second degree. Identity theft in the second degree is a class C
felony.
(((4)))
(3) A person ((that [who])) who violates this section is
liable for civil damages of five hundred dollars or actual damages, whichever
is greater, including costs to repair the ((person's)) victim's
credit record, ((whichever is greater,)) and reasonable attorneys'
fees((. If the person violating this section is a business that repeatedly
violates this section, that person also violates the Consumer Protection Act,
chapter 19.86 RCW)) as determined by the court.
(4)
In a proceeding under this section, the crime will be considered to have been
committed in any locality where the person whose means of identification or
financial information was appropriated resides, or in which any part of the
offense took place, regardless of whether the defendant was ever actually in
that locality.
(5)
The provisions of this section do not apply to any person who obtains another
person's driver's license or other form of identification for the sole purpose
of misrepresenting his or her age.
(6)
In a proceeding under this section in which a person's means of identification
or financial information was used without that person's authorization, and when
there has been a conviction, the sentencing court may issue such orders as are
necessary to correct a public record that contains false information resulting
from a violation of this section.
Sec.
10. RCW
9.35.030 and 2000 c 77 s 1 are each amended to read as follows:
(1)
It is unlawful for any person to knowingly use a means of identification or
financial information of another person to solicit undesired mail with the
intent to annoy, harass, intimidate, torment, or embarrass that person.
(2)
((For purposes of this section, "means of identification" has the
meaning provided in RCW 9.35.020.
(3)))
Violation of this section is a misdemeanor.
(((4)))
(3) Additionally, a person who violates this section is liable for civil
damages of five hundred dollars or actual damages, including costs to repair
the person's credit record, whichever is greater, and reasonable attorneys'
fees as determined by the court.
Sec.
11. RCW
9A.82.010 and 1999 c 143 s 40 are each 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.
(c)
A beneficial interest is considered to be located where the real property owned
by the trustee is located.
(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, 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;
(c)
Kidnapping, as defined in RCW 9A.40.020 and 9A.40.030;
(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; ((or))
(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.
(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.
12. RCW
9.94A.320 and 2000 c 225 s 5, 2000 c 119 s 17, and 2000 c 66 s 2 are each
reenacted and amended to read as follows:
TABLE 2
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
XVIAggravated Murder 1 (RCW 10.95.020)
XVHomicide by abuse (RCW 9A.32.055)
Malicious explosion 1 (RCW 70.74.280(1))
Murder 1 (RCW 9A.32.030)
XIVMurder 2 (RCW 9A.32.050)
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)
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)
IXAssault of a Child 2 (RCW 9A.36.130)
Controlled Substance Homicide (RCW 69.50.415)
Explosive devices prohibited (RCW 70.74.180)
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))
Hit and Run‑-Death (RCW 46.52.020(4)(a))
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(2)(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(2)(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 (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(2)(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)
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.
13. RCW
13.40.0357 and 2000 c 66 s 3 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+
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 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.
OR
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.
OR
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).
NEW
SECTION. Sec. 14.
Captions used in this act are not any part of the law.
NEW
SECTION. Sec. 15.
Section 4 of this act expires April 1, 2004.
NEW
SECTION. Sec. 16.
Section 5 of this act takes effect April 1, 2004.
