BILL REQ. #: H-0832.1
| State of Washington | 58th Legislature | 2003 Regular Session |
Read first time 01/28/2003. Referred to Committee on Criminal Justice & Corrections.
AN ACT Relating to technical reorganization of criminal statutes to simplify citation to offenses; amending RCW 2.48.180, 3.50.440, 4.24.320, 7.40.230, 9.05.030, 9.05.060, 9.08.065, 9.08.070, 9.16.080, 9.18.120, 9.18.130, 9.24.020, 9.24.030, 9.24.050, 9.26A.110, 9.35.020, 9.40.100, 9.40.120, 9.41.040, 9.41.042, 9.41.050, 9.45.020, 9.45.124, 9.45.126, 9.45.210, 9.45.220, 9.46.155, 9.46.215, 9.47.090, 9.47.120, 9.61.160, 9.61.230, 9.62.010, 9.68.060, 9.68A.090, 9.68A.150, 9.81.020, 9.81.030, 9.82.010, 9.86.020, 9.86.030, 9.91.140, 9.91.170, 9.94.010, 9.94.030, 9.94A.518, 9.94A.533, 9.94A.550, 9.94A.605, 9.94A.610, 9.94A.734, 9A.20.021, 9A.36.021, 9A.40.030, 9A.40.070, 9A.44.100, 9A.44.130, 9A.46.020, 9A.48.090, 9A.56.070, 9A.56.080, 9A.56.085, 9A.56.096, 9A.60.040, 9A.64.020, 9A.64.030, 9A.76.023, 9A.76.070, 9A.76.080, 9A.82.050, 9A.82.060, 9A.82.080, 9A.82.160, 9A.84.010, 9A.88.010, 10.66.090, 10.79.015, 10.79.040, 10.95.020, 13.40.070, 13.40.160, 13.40.193, 13.40.265, 14.20.020, 15.21.060, 15.24.200, 15.26.300, 15.30.250, 15.60.055, 15.61.050, 15.80.650, 16.52.015, 16.52.190, 16.52.193, 16.52.200, 16.52.230, 16.58.170, 16.65.440, 17.10.350, 17.21.310, 17.24.100, 18.04.370, 18.06.130, 18.06.140, 18.08.460, 18.32.675, 18.32.745, 18.32.755, 18.39.215, 18.39.217, 18.39.220, 18.39.231, 18.57.160, 18.64.045, 18.64.046, 18.64.047, 18.64.246, 18.64.270, 18.71.190, 18.92.230, 18.130.075, 18.130.190, 19.09.275, 19.25.020, 19.25.030, 19.25.040, 19.48.110, 19.68.010, 19.76.110, 19.86.145, 19.100.210, 19.105.480, 19.105.520, 19.110.120, 19.110.160, 19.116.080, 19.146.050, 19.146.110, 19.158.160, 20.01.482, 20.01.490, 21.20.400, 21.30.140, 24.06.465, 26.04.210, 28A.405.040, 28A.635.050, 28A.635.090, 28A.635.100, 28B.10.570, 28B.10.571, 28B.10.572, 28B.20.320, 28B.85.030, 29.04.120, 29.15.100, 29.15.110, 29.36.370, 29.51.200, 29.51.230, 29.79.440, 29.82.170, 30.04.240, 30.04.260, 30.12.090, 30.12.100, 30.12.120, 30.42.290, 30.44.110, 30.44.120, 31.12.724, 31.12.850, 32.04.100, 32.04.110, 32.24.080, 33.24.360, 35.32A.090, 35.36.040, 35A.36.040, 36.18.170, 36.28.060, 36.29.060, 36.32.210, 36.68.080, 36.69.180, 36.71.060, 36.75.130, 38.32.090, 38.32.120, 38.52.150, 39.44.101, 39.62.040, 40.16.010, 40.16.020, 40.16.030, 41.26.062, 41.32.055, 42.20.070, 42.20.090, 43.01.100, 43.06.220, 43.06.230, 43.08.140, 43.09.165, 43.19.1939, 43.22.300, 43.22.340, 43.30.310, 43.43.856, 43.70.185, 46.08.170, 46.09.130, 46.10.130, 46.12.070, 46.12.210, 46.12.220, 46.16.010, 46.44.175, 46.44.180, 46.52.010, 46.52.090, 46.55.020, 46.61.015, 46.61.020, 46.61.685, 46.64.010, 46.68.010, 46.70.021, 46.72.100, 46.72A.060, 46.72A.070, 46.80.020, 46.80.190, 46.87.260, 46.87.290, 47.36.180, 47.36.200, 47.36.250, 47.38.010, 47.41.070, 47.52.120, 47.68.233, 47.68.234, 47.68.240, 47.68.255, 48.06.030, 48.06.190, 48.17.480, 48.30.230, 48.30A.015, 48.31.105, 49.12.410, 49.28.010, 49.28.080, 49.28.100, 49.44.100, 49.44.120, 50.36.010, 50.36.020, 50.40.010, 51.48.040, 51.48.103, 51.48.280, 51.52.120, 53.08.220, 53.34.190, 61.12.030, 64.36.020, 64.36.210, 65.12.730, 65.12.740, 65.12.750, 65.12.760, 66.20.200, 66.28.200, 66.28.210, 66.28.220, 66.44.120, 66.44.180, 66.44.290, 67.24.010, 67.70.120, 67.70.130, 67.70.140, 68.28.060, 68.50.100, 68.50.140, 68.50.145, 68.50.150, 68.50.250, 68.50.610, 68.56.040, 69.04.060, 69.04.070, 69.07.150, 69.25.150, 69.25.160, 69.40.020, 69.40.030, 69.41.030, 69.41.040, 69.41.050, 69.41.070, 69.41.300, 69.41.320, 69.41.330, 69.50.402, 69.50.403, 69.50.406, 69.50.408, 69.50.410, 69.50.415, 69.50.416, 69.50.430, 69.50.440, 69.50.505, 69.90.020, 70.05.120, 70.54.090, 70.54.160, 70.58.280, 70.74.180, 70.94.430, 70.95D.100, 70.105.085, 70.106.140, 70.108.130, 70.110.040, 70.111.030, 70.122.090, 70.127.020, 72.23.170, 72.23.300, 74.08.055, 74.08.100, 74.08.331, 76.12.140, 76.36.035, 76.36.110, 76.36.120, 76.48.120, 77.15.194, 77.15.196, 77.15.198, 78.12.061, 79.01.072, 79.01.748, 79.01.810, 79.76.290, 79A.05.165, 80.28.190, 80.28.210, 81.04.390, 81.40.010, 81.40.040, 81.40.060, 81.40.080, 81.40.130, 81.44.085, 81.54.030, 81.56.150, 81.60.070, 81.60.080, 81.64.090, 81.64.160, 81.68.080, 82.08.0273, 82.08.050, 82.36.330, 82.36.400, 82.44.120, 82.45.090, 82.49.065, 82.50.170, 84.08.050, 84.36.387, 84.40.120, 84.40.340, 87.03.200, 87.03.490, 88.02.055, 88.02.118, 88.08.020, 88.08.050, 88.46.080, 90.03.400, 90.48.140, and 90.56.300; reenacting and amending RCW 9.94A.030, 9.94A.515, 9A.46.110, 9A.82.010, 13.40.0357, 18.64.245, 69.41.020, 69.50.401, and 69.50.435; adding new sections to chapter 9.08 RCW; adding a new section to chapter 9.26A RCW; adding a new section to chapter 9.40 RCW; adding new sections to chapter 9.91 RCW; adding new sections to chapter 9A.56 RCW; adding a new section to chapter 9A.60 RCW; adding a new section to chapter 9A.82 RCW; adding a new section to chapter 19.76 RCW; adding a new section to chapter 19.110 RCW; adding a new section to chapter 69.25 RCW; adding new sections to chapter 69.41 RCW; adding new sections to chapter 69.50 RCW; creating a new section; recodifying RCW 69.41.070; repealing RCW 9.16.090, 9.18.140, 9.45.230, 9.61.170, 9.61.180, 9.68A.140, 9.68A.160, 9.86.050, 9.94.020, 10.79.045, 16.52.195, 18.06.150, 18.64.247, 26.04.230, 28A.405.050, 28A.635.120, 28B.10.573, 28B.20.322, 28B.20.324, 28B.85.110, 29.51.215, 33.24.380, 36.28.070, 36.28.080, 36.28.140, 36.29.070, 36.32.215, 36.32.220, 36.32.225, 36.32.230, 36.75.140, 36.75.150, 43.01.110, 43.22.345, 47.36.210, 47.36.220, 47.36.230, 47.38.030, 48.30A.025, 49.28.020, 49.28.030, 49.28.082, 49.28.084, 49.28.110, 49.44.110, 49.44.130, 61.12.031, 64.36.230, 66.28.250, 66.44.291, 68.50.260, 69.90.040, 70.54.100, 70.54.170, 70.110.060, 70.111.050, 70.127.210, 78.12.062, 81.40.030, 81.40.050, 81.40.070, 81.40.090, 81.40.120, 81.40.140, 81.60.090, 81.64.100, 81.64.110, and 81.64.170; prescribing penalties; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature intends by this act to
reorganize criminal provisions throughout the Revised Code of
Washington to clarify and simplify the identification and referencing
of crimes. It is not intended that this act effectuate any substantive
change to any criminal provision in the Revised Code of Washington.
Sec. 2 RCW 2.48.180 and 2001 c 310 s 2 are each amended to read
as follows:
(1) As used in this section:
(a) "Legal provider" means an active member in good standing of the
state bar, and any other person authorized by the Washington state
supreme court to engage in full or limited practice of law;
(b) "Nonlawyer" means a person to whom the Washington supreme court
has granted a limited authorization to practice law but who practices
law outside that authorization, and a person who is not an active
member in good standing of the state bar, including persons who are
disbarred or suspended from membership;
(c) "Ownership interest" means the right to control the affairs of
a business, or the right to share in the profits of a business, and
includes a loan to the business when the interest on the loan is based
upon the income of the business or the loan carries more than a
commercially reasonable rate of interest.
(2) The following constitutes unlawful practice of law:
(a) A nonlawyer practices law, or holds himself or herself out as
entitled to practice law;
(b) A legal provider holds an investment or ownership interest in
a business primarily engaged in the practice of law, knowing that a
nonlawyer holds an investment or ownership interest in the business;
(c) A nonlawyer knowingly holds an investment or ownership interest
in a business primarily engaged in the practice of law;
(d) A legal provider works for a business that is primarily engaged
in the practice of law, knowing that a nonlawyer holds an investment or
ownership interest in the business; or
(e) A nonlawyer shares legal fees with a legal provider.
(3)(a) Unlawful practice of law is a crime. A single violation of
this section is a gross misdemeanor.
(b) Each subsequent violation of this section, whether alleged in
the same or in subsequent prosecutions, is a class C felony punishable
according to chapter 9A.20 RCW.
(4) Nothing contained in this section affects the power of the
courts to grant injunctive or other equitable relief or to punish as
for contempt.
(5) Whenever a legal provider or a person licensed by the state in
a business or profession is convicted, enjoined, or found liable for
damages or a civil penalty or other equitable relief under this
section, the plaintiff's attorney shall provide written notification of
the judgment to the appropriate regulatory or disciplinary body or
agency.
(6) A violation of this section is cause for discipline and
constitutes unprofessional conduct that could result in any regulatory
penalty provided by law, including refusal, revocation, or suspension
of a business or professional license, or right or admission to
practice. Conduct that constitutes a violation of this section is
unprofessional conduct in violation of RCW 18.130.180.
(7) In a proceeding under this section it is a defense if proven by
the defendant by a preponderance of the evidence that, at the time of
the offense, the conduct alleged was authorized by the rules of
professional conduct or the admission to practice rules, or Washington
business and professions licensing statutes or rules.
(8) Independent of authority granted to the attorney general, the
prosecuting attorney may petition the superior court for an injunction
against a person who has violated this chapter. Remedies in an
injunctive action brought by a prosecuting attorney are limited to an
order enjoining, restraining, or preventing the doing of any act or
practice that constitutes a violation of this chapter and imposing a
civil penalty of up to five thousand dollars for each violation. The
prevailing party in the action may, in the discretion of the court,
recover its reasonable investigative costs and the costs of the action
including a reasonable attorney's fee. The degree of proof required in
an action brought under this subsection is a preponderance of the
evidence. An action under this subsection must be brought within three
years after the violation of this chapter occurred.
Sec. 3 RCW 3.50.440 and 1984 c 258 s 120 are each amended to read
as follows:
Every person convicted by the municipal court of a violation of the
criminal provisions of an ordinance for which no punishment is
specifically prescribed in the ordinance is guilty of a gross
misdemeanor and shall be punished by a fine of not more than five
thousand dollars or imprisonment in the city jail for a period not to
exceed one year, or both such fine and imprisonment.
Sec. 4 RCW 4.24.320 and 1979 c 145 s 1 are each amended to read
as follows:
Any person who suffers damages as a result of actions described in
RCW 9A.48.080(c) or any owner of a horse, mule, cow, heifer, bull,
steer, swine, or sheep who suffers damages as a result of a willful,
unauthorized act described in RCW 9A.56.080 or section 75 of this act
may bring an action against the person or persons committing the act in
a court of competent jurisdiction for exemplary damages up to three
times the actual damages sustained, plus attorney's fees.
Sec. 5 RCW 7.40.230 and 1990 c 11 s 4 are each amended to read as
follows:
(1) Whenever it appears that any person is engaged in or about to
engage in any act that constitutes or will constitute a violation of
RCW 9.26A.110, section 21 of this act, or 9.26A.090, the prosecuting
attorney, a telecommunications company, or any person harmed by an
alleged violation of RCW 9.26A.110, section 21 of this act, or
9.26A.090 may initiate a civil proceeding in superior court to enjoin
such violation, and may petition the court to issue an order for the
discontinuance of the specific telephone service being used in
violation of RCW 9.26A.110, section 21 of this act, or 9.26A.090.
(2) An action under this section shall be brought in the county in
which the unlawful act or acts are alleged to have taken place, and
shall be commenced by the filing of a verified complaint, or shall be
accompanied by an affidavit.
(3) If it is shown to the satisfaction of the court, either by
verified complaint or affidavit, that a person is engaged in or about
to engage in any act that constitutes a violation of RCW 9.26A.110,
section 21 of this act, or 9.26A.090, the court may issue a temporary
restraining order to abate and prevent the continuance or recurrence of
the act. The court may direct the sheriff to seize and retain until
further order of the court any device that is being used in violation
of RCW 9.26A.110, section 21 of this act, or 9.26A.090. All property
seized pursuant to the order of the court shall remain in the custody
of the court.
(4) The court may issue a permanent injunction to restrain, abate
or prevent the continuance or recurrence of the violation of RCW
9.26A.110, section 21 of this act, or 9.26A.090. The court may grant
declaratory relief, mandatory orders, or any other relief deemed
necessary to accomplish the purposes of the injunction. The court may
retain jurisdiction of the case for the purpose of enforcing its
orders.
(5) If it is shown to the satisfaction of the court, either by
verified complaint or affidavit, that a person is engaged in or is
about to engage in any act that constitutes a violation of RCW
9.26A.110, section 21 of this act, or 9.26A.090, the court may issue an
order which shall be promptly served upon the person in whose name the
telecommunications device is listed, requiring the party, within a
reasonable time, to be fixed by the court, from the time of service of
the petition on ((said)) the party, to show cause before the judge why
telephone service should not promptly be discontinued. At the hearing
the burden of proof shall be on the complainant.
(6) Upon a finding by the court that the telecommunications device
is being used or has been used in violation of RCW 9.26A.110 or section
21 of this act, the court may issue an order requiring the telephone
company which is rendering service over the device to disconnect such
service. Upon receipt of such order, which shall be served upon an
officer of the telephone company by the sheriff or deputy of the county
in which the telecommunications device is installed, the telephone
company shall proceed promptly to disconnect and remove such device and
discontinue all telephone service until further order of the court,
provided that the telephone company may do so without breach of the
peace or trespass.
(7) The telecommunications company that petitions the court for the
removal of any telecommunications device under this section shall be a
necessary party to any proceeding or action arising out of or under RCW
9.26A.110 or section 21 of this act.
(8) No telephone company shall be liable for any damages, penalty,
or forfeiture, whether civil or criminal, for any legal act performed
in compliance with any order issued by the court.
(9) Property seized pursuant to the direction of the court that the
court has determined to have been used in violation of RCW 9.26A.110 or
section 21 of this act shall be forfeited after notice and hearing.
The court may remit or mitigate the forfeiture upon terms and
conditions as the court deems reasonable if it finds that such
forfeiture was incurred without gross negligence or without any intent
of the petitioner to violate the law, or it finds the existence of such
mitigating circumstances as to justify the remission or the mitigation
of the forfeiture. In determining whether to remit or mitigate
forfeiture, the court shall consider losses that may have been suffered
by victims as the result of the use of the forfeited property.
Sec. 6 RCW 9.05.030 and 1999 c 191 s 1 are each amended to read
as follows:
Whenever two or more persons assemble for the purpose of committing
criminal sabotage, as defined in RCW 9.05.060, such an assembly is
unlawful, and every person voluntarily and knowingly participating
therein by his or her presence, aid, or instigation, is guilty of a
class B felony and shall be punished by imprisonment in a state
correctional facility for not more than ten years, or by a fine of not
more than five thousand dollars, or both.
Sec. 7 RCW 9.05.060 and 1999 c 191 s 2 are each amended to read
as follows:
(1) Whoever, with intent that his or her act shall, or with reason
to believe that it may, injure, interfere with, interrupt, supplant,
nullify, impair, or obstruct the owner's or operator's management,
operation, or control of any agricultural, stockraising, lumbering,
mining, quarrying, fishing, manufacturing, transportation, mercantile,
or building enterprise, or any other public or private business or
commercial enterprise, wherein any person is employed for wage, shall
willfully damage or destroy, or attempt or threaten to damage or
destroy, any property whatsoever, or shall unlawfully take or retain,
or attempt or threaten unlawfully to take or retain, possession or
control of any property, instrumentality, machine, mechanism, or
appliance used in such business or enterprise, shall be guilty of
criminal sabotage.
(2) Criminal sabotage is a class B felony punishable according to
chapter 9A.20 RCW.
Sec. 8 RCW 9.08.065 and 1989 c 359 s 1 are each amended to read
as follows:
As used in RCW 9.08.070 and sections 10 through 13 of this act:
(1) "Pet animal" means a tamed or domesticated animal legally
retained by a person and kept as a companion. "Pet animal" does not
include livestock raised for commercial purposes.
(2) "Research institution" means a facility licensed by the United
States department of agriculture to use animals in biomedical or
product research.
(3) "U.S.D.A. licensed dealer" means a person who is licensed or
required to be licensed by the United States department of agriculture
to commercially buy, receive, sell, negotiate for sale, or transport
animals.
Sec. 9 RCW 9.08.070 and 1989 c 359 s 2 are each amended to read
as follows:
(1) Any person who, with intent to deprive or defraud the owner
thereof, does any of the following shall be guilty of a gross
misdemeanor ((and shall be punished as prescribed under RCW
9A.20.021(2))) punishable according to chapter 9A.20 RCW and by a
mandatory fine of not less than five hundred dollars per pet animal,
except as provided by (((d) of this)) subsection (2) of this section:
(a) Takes, leads away, confines, secretes or converts any pet
animal, except in cases in which the value of the pet animal exceeds
two hundred fifty dollars;
(b) Conceals the identity of any pet animal or its owner by
obscuring, altering, or removing from the pet animal any collar, tag,
license, tattoo, or other identifying device or mark((.));
(c) Willfully or recklessly kills or injures any pet animal, unless
excused by law.
(((d))) (2) Nothing in this ((subsection or subsection (2) of
this)) section shall prohibit a person from also being convicted of
separate offenses under RCW 9A.56.030, 9A.56.040, or 9A.56.050 for
theft or under RCW 9A.56.150, 9A.56.160, or 9A.56.170 for possession of
stolen property.
(((2)(a) It is unlawful for any person to receive with intent to
sell to a research institution in the state of Washington, or sell or
otherwise directly transfer to a research institution in the state of
Washington, a pet animal that the person knows or has reason to know
has been stolen or fraudulently obtained. This subsection does not
apply to U.S.D.A. licensed dealers.))
(b) The first conviction under (a) of this subsection is a gross
misdemeanor and is punishable as prescribed under RCW 9A.20.021(2) and
by a mandatory fine of not less than five hundred dollars per pet
animal. A second or subsequent conviction under (a) of this subsection
is a class C felony and is punishable as prescribed under RCW
9A.20.021(1)(c) and by a mandatory fine of not less than one thousand
dollars per pet animal.
(3)(a) It is unlawful for any person, who knows or has reason to
know that a pet animal has been stolen or fraudulently obtained, to
sell or otherwise transfer the pet animal to another who the person
knows or has reason to know has previously sold a stolen or
fraudulently obtained pet animal to a research institution in the state
of Washington.
(b) A conviction under (a) of this subsection is a class C felony
and shall be punishable as prescribed under RCW 9A.20.021(1)(c) and by
a mandatory fine of not less than one thousand dollars per pet animal.
(4)(a) It is unlawful for a U.S.D.A. licensed dealer to receive
with intent to sell, or sell or transfer directly or through a third
party, to a research institution in the state of Washington, a pet
animal that the dealer knows or has reason to know has been stolen or
fraudulently obtained.
(b) A conviction under (a) of this subsection is a class C felony
and shall be punishable as prescribed under RCW 9A.20.021(1)(c) and by
a mandatory fine of not less than one thousand dollars per pet animal.
(5) The sale, receipt, or transfer of each individual pet animal in
violation of subsections (1), (2), (3), and (4) of this section
constitutes a separate offense.
(6) The provisions of subsections (1), (2), (3), and (4) of this
section shall not apply to the lawful acts of any employee, agent, or
director of any humane society, animal control agency, or animal
shelter operated by or on behalf of any government agency, operating
under law.
NEW SECTION. Sec. 10 A new section is added to chapter 9.08 RCW
to read as follows:
(1) It is unlawful for any person to receive with intent to sell to
a research institution in the state of Washington, or sell or otherwise
directly transfer to a research institution in the state of Washington,
a pet animal that the person knows or has reason to know has been
stolen or fraudulently obtained. This section does not apply to
U.S.D.A. licensed dealers.
(2) The first conviction under this section is a gross misdemeanor
punishable according to chapter 9A.20 RCW and by a mandatory fine of
not less than five hundred dollars per pet animal.
(3) A second or subsequent conviction under this section is a class
C felony punishable according to chapter 9A.20 RCW and by a mandatory
fine of not less than one thousand dollars per pet animal.
(4) Nothing in this section shall prohibit a person from also being
convicted of separate offenses under RCW 9A.56.030, 9A.56.040, or
9A.56.050 for theft or under RCW 9A.56.150, 9A.56.160, or 9A.56.170 for
possession of stolen property.
NEW SECTION. Sec. 11 A new section is added to chapter 9.08 RCW
to read as follows:
(1) It is unlawful for any person, who knows or has reason to know
that a pet animal has been stolen or fraudulently obtained, to sell or
otherwise transfer the pet animal to another who the person knows or
has reason to know has previously sold a stolen or fraudulently
obtained pet animal to a research institution in the state of
Washington.
(2) A conviction under this section is a class C felony punishable
according to chapter 9A.20 RCW and by a mandatory fine of not less than
one thousand dollars per pet animal.
NEW SECTION. Sec. 12 A new section is added to chapter 9.08 RCW
to read as follows:
(1) It is unlawful for a U.S.D.A. licensed dealer to receive with
intent to sell, or sell or transfer directly or through a third party,
to a research institution in the state of Washington, a pet animal that
the dealer knows or has reason to know has been stolen or fraudulently
obtained.
(2) A conviction under this section is a class C felony punishable
according to chapter 9A.20 RCW and by a mandatory fine of not less than
one thousand dollars per pet animal.
NEW SECTION. Sec. 13 A new section is added to chapter 9.08 RCW
to read as follows:
(1) The sale, receipt, or transfer of each individual pet animal in
violation of RCW 9.08.070 or sections 10 through 12 of this act
constitutes a separate offense.
(2) The provisions of RCW 9.08.070 or sections 10 through 12 of
this act shall not apply to the lawful acts of any employee, agent, or
director of any humane society, animal control agency, or animal
shelter operated by or on behalf of any government agency, operating
under law.
Sec. 14 RCW 9.16.080 and 1927 c 222 s 1 are each amended to read
as follows:
(1) It shall be unlawful for any person, firm, or corporation:
(((1))) (a) To use, adopt, place upon, or permit to be used,
adopted or placed upon, any barrel, tank, drum or other container of
gasoline or lubricating oil for internal combustion engines, sold or
offered for sale, or upon any pump or other device used in delivering
the same, any trade name, trademark, designation or other descriptive
matter, which is not the true and correct trade name, trademark,
designation or other descriptive matter of the gasoline or lubricating
oil so sold or offered for sale;
(((2))) (b) To sell, or offer for sale, or have in his or her or
its possession with intent to sell, any gasoline or lubricating oil,
contained in, or taken from, or through any barrel, tank, drum, or
other container or pump or other device, so unlawfully labeled or
marked, as hereinabove provided;
(((3))) (c) To sell, or offer for sale, or have in his or her or
its possession with intent to sell any gasoline or lubricating oil for
internal combustion engines and to represent to the purchaser, or
prospective purchaser, that such gasoline or lubricating oil so sold or
offered for sale, is of a quality, grade or standard, or the product of
a particular gasoline or lubricating oil manufacturing, refining or
distributing company or association, other than the true quality,
grade, standard, or the product of a particular gasoline or oil
manufacturing, refining or distributing company or association, of the
gasoline or oil so offered for sale or sold.
(2)(a) Except as provided in (b) of this subsection, any person,
firm, or corporation violating this section is guilty of a misdemeanor.
(b) A second and each subsequent violation of this section is a
gross misdemeanor.
Sec. 15 RCW 9.18.120 and 1921 c 12 s 1 are each amended to read
as follows:
(1) When any competitive bid or bids are to be or have been
solicited, requested, or advertised for by the state of Washington, or
any county, city, town or other municipal corporation therein, or any
department of either thereof, for any work or improvement to be done or
constructed for or by such state, county, city, town, or other
municipal corporation, or any department of either thereof, it shall be
unlawful for any person acting for himself or herself or as agent of
another, or as agent for or as a member of any partnership,
unincorporated firm or association, or as an officer or agent of any
corporation, to offer, give, or promise to give, any money, check,
draft, property, or other thing of value, to another or to any firm,
association, or corporation for the purpose of inducing such other
person, firm, association, or corporation, either to refrain from
submitting any bids upon such public work or improvement, or to enter
into any agreement, understanding or arrangement whereby full and
unrestricted competition for the securing of such public work will be
suppressed, prevented, or eliminated; and it shall be unlawful for any
person to solicit, accept, or receive any money, check, draft,
property, or other thing of value upon a promise or understanding,
express or implied, that he or she individually or as an agent or
officer of another person, persons, or corporation, will refrain from
bidding upon such public work or improvement, or that he or she will on
behalf of himself or herself or such others submit or permit another to
submit for him or her any bid upon such public work or improvement in
such sum as to eliminate full and unrestricted competition thereon.
(2) A person violating this section is guilty of a gross
misdemeanor.
Sec. 16 RCW 9.18.130 and 1921 c 12 s 2 are each amended to read
as follows:
(1) It shall be unlawful for any person for himself or herself or
as an agent or officer of any other person, persons, or corporation to
in any manner enter into collusion or an understanding with any other
person, persons, or corporation to prevent or eliminate full and
unrestricted competition upon any public work or improvement mentioned
in RCW 9.18.120.
(2) A person violating this section is guilty of a gross
misdemeanor.
Sec. 17 RCW 9.24.020 and 1992 c 7 s 5 are each amended to read as
follows:
Every officer, agent or other person in the service of a joint
stock company or corporation, domestic or foreign, who, willfully and
knowingly with intent to defraud:
(1) Sells, pledges, or issues, or causes to be sold, pledged, or
issued, or signs or executes, or causes to be signed or executed, with
intent to sell, pledge, or issue, or cause to be sold, pledged, or
issued, any certificate or instrument purporting to be a certificate or
evidence of ownership of any share or shares of such company or
corporation, or any conveyance or encumbrance of real or personal
property, contract, bond, or evidence of debt, or writing purporting to
be a conveyance or encumbrance of real or personal property, contract,
bond or evidence of debt of such company or corporation, without being
first duly authorized by such company or corporation, or contrary to
the charter or laws under which such company or corporation exists, or
in excess of the power of such company or corporation, or of the limit
imposed by law or otherwise upon its power to create or issue stock or
evidence of debt; or,
(2) Reissues, sells, pledges, disposes of, or causes to be
reissued, sold, pledged, or disposed of, any surrendered or canceled
certificate or other evidence of the transfer of ownership of any such
share or shares
is guilty of a class B felony and shall be punished by imprisonment in
a state correctional facility for not more than ten years, or by a fine
of not more than five thousand dollars, or by both.
Sec. 18 RCW 9.24.030 and 1992 c 7 s 6 are each amended to read as
follows:
Every owner, officer, stockholder, agent or employee of any person,
firm, corporation or association engaged, wholly or in part, in the
business of banking or receiving money or negotiable paper or
securities on deposit or in trust, who shall accept or receive, with or
without interest, any deposit, or who shall consent thereto or connive
thereat, when he or she knows or has good reason to believe that such
person, firm, corporation or association is unsafe or insolvent, is
guilty of a class B felony and shall be punished by imprisonment in a
state correctional facility for not more than ten years, or by a fine
of not more than ten thousand dollars.
Sec. 19 RCW 9.24.050 and 1992 c 7 s 7 are each amended to read as
follows:
Every director, officer or agent of any corporation or joint stock
association, and every person engaged in organizing or promoting any
enterprise, who shall knowingly make or publish or concur in making or
publishing any written prospectus, report, exhibit or statement of its
affairs or pecuniary condition, containing any material statement that
is false or exaggerated, is guilty of a class B felony and shall be
punished by imprisonment in a state correctional facility for not more
than ten years, or by a fine of not more than five thousand dollars.
Sec. 20 RCW 9.26A.110 and 1990 c 11 s 2 are each amended to read
as follows:
(1) Every person who, with intent to evade the provisions of any
order or rule of the Washington utilities and transportation commission
or of any tariff, price list, contract, or any other filing lawfully
submitted to ((said)) the commission by any telephone, telegraph, or
telecommunications company, or with intent to defraud, obtains
telephone, telegraph, or telecommunications service from any telephone,
telegraph, or telecommunications company through: (a) The use of a
false or fictitious name or telephone number; (b) the unauthorized use
of the name or telephone number of another; (c) the physical or
electronic installation of, rearrangement of, or tampering with any
equipment, or use of a telecommunications device; (d) the commission of
computer trespass; or (e) any other trick, deceit, or fraudulent
device, ((shall be)) is guilty of a misdemeanor.
(2) If the value of the telephone, telegraph, or telecommunications
service that any person obtains in violation of this section during a
period of ninety days exceeds((: (a))) fifty dollars in the aggregate,
then such person ((shall be)) is guilty of a gross misdemeanor((;)).
(((b))) (3) If the value of the telephone, telegraph, or
telecommunications service that any person obtains in violation of this
section during a period of ninety days exceeds two hundred fifty
dollars in the aggregate, then such person ((shall be)) is guilty of a
class C felony punishable according to chapter 9A.20 RCW.
((However,)) (4) For any act that constitutes a violation of both
this ((subsection)) section and ((subsection (2) of this)) section 21
of this act the provisions of ((subsection (2) of this)) section 21 of
this act shall be exclusive.
(((2) Every person who:))
(a) Makes, possesses, sells, gives, or otherwise transfers to
another a telecommunications device with intent to use it or with
knowledge or reason to believe it is intended to be used to avoid any
lawful telephone or telegraph toll charge or to conceal the existence
or place of origin or destination of any telephone or telegraph
message; or
(b) Sells, gives, or otherwise transfers to another plans or
instructions for making or assembling a telecommunications device
described in subparagraph (a) of this subsection with knowledge or
reason to believe that the plans may be used to make or assemble such
device
shall be guilty of a felony.
NEW SECTION. Sec. 21 A new section is added to chapter 9.26A RCW
to read as follows:
Every person is guilty of a class B felony punishable according to
chapter 9A.20 RCW who:
(1) Makes, possesses, sells, gives, or otherwise transfers to
another a telecommunications device with intent to use it or with
knowledge or reason to believe it is intended to be used to avoid any
lawful telephone or telegraph toll charge or to conceal the existence
or place of origin or destination of any telephone or telegraph
message; or
(2) Sells, gives, or otherwise transfers to another plans or
instructions for making or assembling a telecommunications device
described in subsection (1) of this section with knowledge or reason to
believe that the plans may be used to make or assemble such device.
Sec. 22 RCW 9.35.020 and 2001 c 217 s 9 are each amended to read
as follows:
(1) No person may knowingly obtain, possess, use, or 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
crime.
(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
punishable according to chapter 9A.20 RCW.
(((b))) (3) 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
punishable according to chapter 9A.20 RCW.
(((3))) (4) A person who violates this section is liable for civil
damages of five hundred dollars or actual damages, whichever is
greater, including costs to repair the victim's credit record, and
reasonable attorneys' fees as determined by the court.
(((4))) (5) 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))) (6) 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))) (7) 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. 23 RCW 9.40.100 and 1995 c 369 s 3 are each amended to read
as follows:
(((1))) Any person who willfully and without cause tampers with,
molests, injures or breaks any public or private fire alarm apparatus,
emergency phone, radio, or other wire or signal, or any fire fighting
equipment, or who willfully and without having reasonable grounds for
believing a fire exists, sends, gives, transmits, or sounds any false
alarm of fire, by shouting in a public place or by means of any public
or private fire alarm system or signal, or by telephone, is guilty of
a misdemeanor. This provision shall not prohibit the testing of fire
alarm systems by persons authorized to do so, by a fire department or
the chief of the Washington state patrol, through the director of fire
protection.
(((2) Any person who willfully and without cause tampers with,
molests, injures, or breaks any public or private fire alarm apparatus,
emergency phone, radio, or other wire or signal, or any fire fighting
equipment with the intent to commit arson, is guilty of a felony.))
NEW SECTION. Sec. 24 A new section is added to chapter 9.40 RCW
to read as follows:
Any person who willfully and without cause tampers with, molests,
injures, or breaks any public or private fire alarm apparatus,
emergency phone, radio, or other wire or signal, or any fire fighting
equipment with the intent to commit arson, is guilty of a class B
felony punishable according to chapter 9A.20 RCW.
Sec. 25 RCW 9.40.120 and 1999 c 352 s 5 are each amended to read
as follows:
Every person who possesses, manufactures, or disposes of an
incendiary device knowing it to be such is guilty of a class B felony
punishable according to chapter 9A.20 RCW, and upon conviction, shall
be punished by imprisonment in a state prison for a term of not more
than ten years.
Sec. 26 RCW 9.41.040 and 1997 c 338 s 47 are each amended to read
as follows:
(1)(a) A person, whether an adult or juvenile, is guilty of the
crime of unlawful possession of a firearm in the first degree, if the
person owns, has in his or her possession, or has in his or her control
any firearm after having previously been convicted in this state or
elsewhere of any serious offense as defined in this chapter.
(b) Unlawful possession of a firearm in the first degree is a class
B felony punishable according to chapter 9A.20 RCW.
(2)(a) A person, whether an adult or juvenile, is guilty of the
crime of unlawful possession of a firearm in the second degree, if the
person does not qualify under (((a) of this)) subsection (1) of this
section for the crime of unlawful possession of a firearm in the first
degree and the person owns, has in his or her possession, or has in his
or her control any firearm:
(i) After having previously been convicted in this state or
elsewhere of any felony not specifically listed as prohibiting firearm
possession under (((a) of this)) subsection (1) of this section, or any
of the following crimes when committed by one family or household
member against another, committed on or after July 1, 1993: Assault in
the fourth degree, coercion, stalking, reckless endangerment, criminal
trespass in the first degree, or violation of the provisions of a
protection order or no-contact order restraining the person or
excluding the person from a residence (RCW 26.50.060, 26.50.070,
26.50.130, or 10.99.040);
(ii) After having previously been involuntarily committed for
mental health treatment under RCW 71.05.320, 71.34.090, chapter 10.77
RCW, or equivalent statutes of another jurisdiction, unless his or her
right to possess a firearm has been restored as provided in RCW
9.41.047;
(iii) If the person is under eighteen years of age, except as
provided in RCW 9.41.042; and/or
(iv) If the person is free on bond or personal recognizance pending
trial, appeal, or sentencing for a serious offense as defined in RCW
9.41.010.
(((2)(a) Unlawful possession of a firearm in the first degree is a
class B felony, punishable under chapter 9A.20 RCW.))
(b) Unlawful possession of a firearm in the second degree is a
class C felony, punishable under chapter 9A.20 RCW.
(b) Unlawful possession of a firearm in the second degree is a
class C felony punishable according to chapter 9A.20 RCW.
(3) Notwithstanding RCW 9.41.047 or any other provisions of law, as
used in this chapter, a person has been "convicted", whether in an
adult court or adjudicated in a juvenile court, at such time as a plea
of guilty has been accepted, or a verdict of guilty has been filed,
notwithstanding the pendency of any future proceedings including but
not limited to sentencing or disposition, post-trial or post-factfinding motions, and appeals. Conviction includes a dismissal
entered after a period of probation, suspension or deferral of
sentence, and also includes equivalent dispositions by courts in
jurisdictions other than Washington state. A person shall not be
precluded from possession of a firearm if the conviction has been the
subject of a pardon, annulment, certificate of rehabilitation, or other
equivalent procedure based on a finding of the rehabilitation of the
person convicted or the conviction or disposition has been the subject
of a pardon, annulment, or other equivalent procedure based on a
finding of innocence. Where no record of the court's disposition of
the charges can be found, there shall be a rebuttable presumption that
the person was not convicted of the charge.
(4) Notwithstanding subsection (1) or (2) of this section, a person
convicted of an offense prohibiting the possession of a firearm under
this section other than murder, manslaughter, robbery, rape, indecent
liberties, arson, assault, kidnapping, extortion, burglary, or
violations with respect to controlled substances under RCW
69.50.401(((a))) and 69.50.410, who received a probationary sentence
under RCW 9.95.200, and who received a dismissal of the charge under
RCW 9.95.240, shall not be precluded from possession of a firearm as a
result of the conviction. Notwithstanding any other provisions of this
section, if a person is prohibited from possession of a firearm under
subsection (1) or (2) of this section and has not previously been
convicted of a sex offense prohibiting firearm ownership under
subsection (1) or (2) of this section and/or any felony defined under
any law as a class A felony or with a maximum sentence of at least
twenty years, or both, the individual may petition a court of record to
have his or her right to possess a firearm restored:
(a) Under RCW 9.41.047; and/or
(b)(i) If the conviction was for a felony offense, after five or
more consecutive years in the community without being convicted or
currently charged with any felony, gross misdemeanor, or misdemeanor
crimes, if the individual has no prior felony convictions that prohibit
the possession of a firearm counted as part of the offender score under
RCW 9.94A.525; or
(ii) If the conviction was for a nonfelony offense, after three or
more consecutive years in the community without being convicted or
currently charged with any felony, gross misdemeanor, or misdemeanor
crimes, if the individual has no prior felony convictions that prohibit
the possession of a firearm counted as part of the offender score under
RCW 9.94A.525 and the individual has completed all conditions of the
sentence.
(5) In addition to any other penalty provided for by law, if a
person under the age of eighteen years is found by a court to have
possessed a firearm in a vehicle in violation of subsection (1) or (2)
of this section or to have committed an offense while armed with a
firearm during which offense a motor vehicle served an integral
function, the court shall notify the department of licensing within
twenty-four hours and the person's privilege to drive shall be revoked
under RCW 46.20.265.
(6) Nothing in chapter 129, Laws of 1995 shall ever be construed or
interpreted as preventing an offender from being charged and
subsequently convicted for the separate felony crimes of theft of a
firearm or possession of a stolen firearm, or both, in addition to
being charged and subsequently convicted under this section for
unlawful possession of a firearm in the first or second degree.
Notwithstanding any other law, if the offender is convicted under this
section for unlawful possession of a firearm in the first or second
degree and for the felony crimes of theft of a firearm or possession of
a stolen firearm, or both, then the offender shall serve consecutive
sentences for each of the felony crimes of conviction listed in this
subsection.
(7) Each firearm unlawfully possessed under this section shall be
a separate offense.
Sec. 27 RCW 9.41.042 and 1999 c 143 s 2 are each amended to read
as follows:
RCW 9.41.040(((1)(b))) (2)(a)(iii) shall not apply to any person
under the age of eighteen years who is:
(1) In attendance at a hunter's safety course or a firearms safety
course;
(2) Engaging in practice in the use of a firearm or target shooting
at an established range authorized by the governing body of the
jurisdiction in which such range is located or any other area where the
discharge of a firearm is not prohibited;
(3) Engaging in an organized competition involving the use of a
firearm, or participating in or practicing for a performance by an
organized group that uses firearms as a part of the performance;
(4) Hunting or trapping under a valid license issued to the person
under Title 77 RCW;
(5) In an area where the discharge of a firearm is permitted, is
not trespassing, and the person either: (a) Is at least fourteen years
of age, has been issued a hunter safety certificate, and is using a
lawful firearm other than a pistol; or (b) is under the supervision of
a parent, guardian, or other adult approved for the purpose by the
parent or guardian;
(6) Traveling with any unloaded firearm in the person's possession
to or from any activity described in subsection (1), (2), (3), (4), or
(5) of this section;
(7) On real property under the control of his or her parent, other
relative, or legal guardian and who has the permission of the parent or
legal guardian to possess a firearm;
(8) At his or her residence and who, with the permission of his or
her parent or legal guardian, possesses a firearm for the purpose of
exercising the rights specified in RCW 9A.16.020(3); or
(9) Is a member of the armed forces of the United States, national
guard, or organized reserves, when on duty.
Sec. 28 RCW 9.41.050 and 1997 c 200 s 1 are each amended to read
as follows:
(1)(a) Except in the person's place of abode or fixed place of
business, a person shall not carry a pistol concealed on his or her
person without a license to carry a concealed pistol.
(b) Every licensee shall have his or her concealed pistol license
in his or her immediate possession at all times that he or she is
required by this section to have a concealed pistol license and shall
display the same upon demand to any police officer or to any other
person when and if required by law to do so. Any violation of this
subsection (1)(b) shall be a class 1 civil infraction under chapter
7.80 RCW and shall be punished accordingly pursuant to chapter 7.80 RCW
and the infraction rules for courts of limited jurisdiction.
(2)(a) A person shall not carry or place a loaded pistol in any
vehicle unless the person has a license to carry a concealed pistol
and: (((a))) (i) The pistol is on the licensee's person, (((b))) (ii)
the licensee is within the vehicle at all times that the pistol is
there, or (((c))) (iii) the licensee is away from the vehicle and the
pistol is locked within the vehicle and concealed from view from
outside the vehicle.
(b) A violation of this subsection is a misdemeanor.
(3)(a) A person at least eighteen years of age who is in possession
of an unloaded pistol shall not leave the unloaded pistol in a vehicle
unless the unloaded pistol is locked within the vehicle and concealed
from view from outside the vehicle.
(b) A violation of this subsection is a misdemeanor.
(4) ((Violation of any of the prohibitions of subsections (2) and
(3) of this section is a misdemeanor.)) Nothing in this section permits the possession of firearms
illegal to possess under state or federal law.
(5)
Sec. 29 RCW 9.45.020 and 1992 c 7 s 9 are each amended to read as
follows:
Every person to whom a child has been confided for nursing,
education or any other purpose, who, with intent to deceive a person,
guardian or relative of such child, shall substitute or produce to such
parent, guardian or relative, another child or person in the place of
the child so confided, is guilty of a class B felony and shall be
punished by imprisonment in a state correctional facility for not more
than ten years.
Sec. 30 RCW 9.45.124 and 1992 c 7 s 11 are each amended to read
as follows:
Every person, corporation, or association whether profit or
nonprofit, who shall ask or receive, or conspire to ask or receive,
directly or indirectly, any compensation, gratuity, or reward or any
promise thereof, on any agreement or understanding that he or she shall
(1) intentionally make an inaccurate visual or mechanical measurement
or an intentionally inaccurate recording of any visual or mechanical
measurement of goods, raw materials, and agricultural products (whether
severed or unsevered from the land) which he or she has or will have
the duty to measure, or shall (2) intentionally change, alter or
affect, for the purpose of making an inaccurate measurement, any
equipment or other device which is designed to measure, either
qualitatively or quantitatively, such goods, raw materials, and
agricultural products, or shall intentionally alter the recordation of
such measurements, ((shall be)) is guilty of a class B felony,
punishable by imprisonment in a state correctional facility for not
more than ten years, or by a fine of not more than five thousand
dollars, or both.
Sec. 31 RCW 9.45.126 and 1992 c 7 s 12 are each amended to read
as follows:
Every person who shall give, offer or promise, or conspire to give,
offer or promise, directly or indirectly, any compensation, gratuity or
reward to any person, corporation, independent contractor, or agent,
employee or servant thereof with intent to violate RCW 9.45.124,
((shall be)) is guilty of a class B felony, punishable by imprisonment
in a state correctional facility for not more than ten years, or by a
fine of not more than five thousand dollars, or both.
Sec. 32 RCW 9.45.210 and 1890 p 99 s 2 are each amended to read
as follows:
Any person who shall interfere with or in any manner change samples
of ores or bullion produced for sampling, or change or alter samples or
packages of ores or bullion which have been purchased for assaying, or
who shall change or alter any certificate of sampling or assaying, with
intent to cheat, wrong or defraud, ((shall be deemed)) is guilty of a
class C felony, punishable by imprisonment in a state correctional
facility for not less than one year nor more than five years, or by a
fine of not less than fifty nor more than one thousand dollars, or by
both such fine and imprisonment.
Sec. 33 RCW 9.45.220 and 1890 p 99 s 3 are each amended to read
as follows:
Any person who shall, with intent to cheat, wrong or defraud, make
or publish a false sample of ore or bullion, or who shall make or
publish or cause to be published a false assay of ore or bullion,
((shall be deemed)) is guilty of a class C felony, punishable by
imprisonment in a state correctional facility for not less than one
year nor more than five years, or by a fine of not less than fifty nor
more than one thousand dollars, or by both such fine and imprisonment.
Sec. 34 RCW 9.46.155 and 1981 c 139 s 15 are each amended to read
as follows:
(1) No applicant or licensee shall give or provide, or offer to
give or provide, directly or indirectly, to any public official or
employee or agent of this state, or any of its agencies or political
subdivisions, any compensation or reward, or share of the money or
property paid or received through gambling activities, in consideration
for obtaining any license, authorization, permission or privilege to
participate in any gaming operations except as authorized by this
chapter or rules adopted pursuant thereto.
(2) Violation of this section ((shall be)) is a class C felony for
which a person, upon conviction, shall be punished by imprisonment for
not more than five years or a fine of not more than one hundred
thousand dollars, or both.
Sec. 35 RCW 9.46.215 and 1994 c 218 s 9 are each amended to read
as follows:
(1) Whoever knowingly owns, manufactures, possesses, buys, sells,
rents, leases, finances, holds a security interest in, stores, repairs,
or transports any gambling device or offers or solicits any interest
therein, whether through an agent or employee or otherwise, is guilty
of a class C felony and shall be fined not more than one hundred
thousand dollars or imprisoned not more than five years or both.
((However,)) (2) This section does not apply to persons licensed by
the commission, or who are otherwise authorized by this chapter, or by
commission rule, to conduct gambling activities without a license,
respecting devices that are to be used, or are being used, solely in
that activity for which the license was issued, or for which the person
has been otherwise authorized if:
(((1))) (a) The person is acting in conformance with this chapter
and the rules adopted under this chapter; and
(((2))) (b) The devices are a type and kind traditionally and
usually employed in connection with the particular activity.
(3) This section also does not apply to any act or acts by the
persons in furtherance of the activity for which the license was
issued, or for which the person is authorized, when the activity is
conducted in compliance with this chapter and in accordance with the
rules adopted under this chapter.
(4) In the enforcement of this section direct possession of any
such a gambling device is presumed to be knowing possession thereof.
Sec. 36 RCW 9.47.090 and 1992 c 7 s 13 are each amended to read
as follows:
Every person, whether in his or her own behalf, or as agent,
servant or employee of another person, within or outside of this state,
who shall open, conduct or carry on any bucket shop, or make or offer
to make any contract described in RCW 9.47.080, or with intent to make
such a contract, or assist therein, shall receive, exhibit, or display
any statement of market prices of any commodities, securities, or
property, is guilty of a class C felony and shall be punished by
imprisonment in a state correctional facility for not more than five
years.
Sec. 37 RCW 9.47.120 and 1992 c 7 s 14 are each amended to read
as follows:
Every person who shall entice, or induce another, upon any
pretense, to go to any place where any gambling game, scheme or device,
or any trick, sleight of hand performance, fraud or fraudulent scheme,
cards, dice or device, is being conducted or operated; or while in such
place shall entice or induce another to bet, wager or hazard any money
or property, or representative of either, upon any such game, scheme,
device, trick, sleight of hand performance, fraud or fraudulent scheme,
cards, dice, or device, or to execute any obligation for the payment of
money, or delivery of property, or to lose, advance, or loan any money
or property, or representative of either, is guilty of a class B felony
and shall be punished by imprisonment in a state correctional facility
for not more than ten years.
Sec. 38 RCW 9.61.160 and 1977 ex.s. c 231 s 1 are each amended to
read as follows:
(1) It shall be unlawful for any person to threaten to bomb or
otherwise injure any public or private school building, any place of
worship or public assembly, any governmental property, or any other
building, common carrier, or structure, or any place used for human
occupancy; or to communicate or repeat any information concerning such
a threatened bombing or injury, knowing such information to be false
and with intent to alarm the person or persons to whom the information
is communicated or repeated.
(2) It shall not be a defense to any prosecution under this section
that the threatened bombing or injury was a hoax.
(3) A violation of this section is a class B felony punishable
according to chapter 9A.20 RCW.
Sec. 39 RCW 9.61.230 and 1992 c 186 s 6 are each amended to read
as follows:
(1) Every person who, with intent to harass, intimidate, torment or
embarrass any other person, shall make a telephone call to such other
person:
(((1))) (a) Using any lewd, lascivious, profane, indecent, or
obscene words or language, or suggesting the commission of any lewd or
lascivious act; or
(((2))) (b) Anonymously or repeatedly or at an extremely
inconvenient hour, whether or not conversation ensues; or
(((3))) (c) Threatening to inflict injury on the person or property
of the person called or any member of his or her family or household;
((shall be)) is guilty of a gross misdemeanor, except ((that the person
is guilty of a class C felony if either of the following applies:)) as
provided in subsection (2) of this section.
(2) The person is guilty of a class C felony punishable according
to chapter 9A.20 RCW if either of the following applies:
(a) That person has previously been convicted of any crime of
harassment, as defined in RCW 9A.46.060, with the same victim or member
of the victim's family or household or any person specifically named in
a no-contact or no-harassment order in this or any other state; or
(b) That person harasses another person under subsection (((3)))
(1)(c) of this section by threatening to kill the person threatened or
any other person.
Sec. 40 RCW 9.62.010 and 1992 c 7 s 15 are each amended to read
as follows:
Every person who shall, maliciously and without probable cause
therefor, cause or attempt to cause another to be arrested or proceeded
against for any crime of which he or she is innocent:
(1) If such crime be a felony, is guilty of a class C felony and
shall be punished by imprisonment in a state correctional facility for
not more than five years; and
(2) If such crime be a gross misdemeanor or misdemeanor, shall be
guilty of a misdemeanor.
Sec. 41 RCW 9.68.060 and 1992 c 5 s 2 are each amended to read as
follows:
(1) When it appears that material which may be deemed erotic is
being sold, distributed, or exhibited in this state, the prosecuting
attorney of the county in which the sale, distribution, or exhibition
is taking place may apply to the superior court for a hearing to
determine the character of the material with respect to whether it is
erotic material.
(2) Notice of the hearing shall immediately be served upon the
dealer, distributor, or exhibitor selling or otherwise distributing or
exhibiting the alleged erotic material. The superior court shall hold
a hearing not later than five days from the service of notice to
determine whether the subject matter is erotic material within the
meaning of RCW 9.68.050.
(3) If the superior court rules that the subject material is erotic
material, then, following such adjudication:
(a) If the subject material is written or printed, or is a sound
recording, the court shall issue an order requiring that an "adults
only" label be placed on the publication or sound recording, if such
publication or sound recording is going to continue to be distributed.
Whenever the superior court orders a publication or sound recording to
have an "adults only" label placed thereon, such label shall be
impressed on the front cover of all copies of such erotic publication
or sound recording sold or otherwise distributed in the state of
Washington. Such labels shall be in forty-eight point bold face type
located in a conspicuous place on the front cover of the publication or
sound recording. All dealers and distributors are hereby prohibited
from displaying erotic publications or sound recordings in their store
windows, on outside newsstands on public thoroughfares, or in any other
manner so as to make an erotic publication or the contents of an erotic
sound recording readily accessible to minors.
(b) If the subject material is a motion picture, the court shall
issue an order requiring that such motion picture shall be labeled
"adults only". The exhibitor shall prominently display a sign saying
"adults only" at the place of exhibition, and any advertising of
((said)) the motion picture shall contain a statement that it is for
adults only. Such exhibitor shall also display a sign at the place
where admission tickets are sold stating that it is unlawful for minors
to misrepresent their age.
(((c))) (4) Failure to comply with a court order issued under the
provisions of this section shall subject the dealer, distributor, or
exhibitor to contempt proceedings.
(((d))) (5) Any person who, after the court determines material to
be erotic, sells, distributes, or exhibits the erotic material to a
minor shall be guilty of violating RCW 9.68.050 through 9.68.120, such
violation to carry the following penalties:
(((i))) (a) For the first offense a misdemeanor and upon conviction
shall be fined not more than five hundred dollars, or imprisoned in the
county jail not more than six months;
(((ii))) (b) For the second offense a gross misdemeanor and upon
conviction shall be fined not more than one thousand dollars, or
imprisoned not more than one year;
(((iii))) (c) For all subsequent offenses a class B felony and upon
conviction shall be fined not more than five thousand dollars, or
imprisoned not less than one year.
Sec. 42 RCW 9.68A.090 and 1989 c 32 s 7 are each amended to read
as follows:
(1) Except as provided in subsection (2) of this section, a person
who communicates with a minor for immoral purposes is guilty of a gross
misdemeanor((, unless that)).
(2) A person who communicates with a minor for immoral purposes is
guilty of a class C felony punishable according to chapter 9A.20 RCW if
the person has previously been convicted under this section or of a
felony sexual offense under chapter 9.68A, 9A.44, or 9A.64 RCW or of
any other felony sexual offense in this or any other state((, in which
case the person is guilty of a class C felony punishable under chapter
9A.20 RCW)).
Sec. 43 RCW 9.68A.150 and 1987 c 396 s 2 are each amended to read
as follows:
(1) No person may knowingly allow a minor to be on the premises of
a commercial establishment open to the public if there is a live
performance containing matter which is erotic material.
(2) Any person who is convicted of violating this section is guilty
of a gross misdemeanor.
(3) For the purposes of this section:
(a) "Minor" means any person under the age of eighteen years.
(b) "Erotic materials" means live performance:
(i) Which the average person, applying contemporary community
standards, would find, when considered as a whole, appeals to the
prurient interest of minors; and
(ii) Which explicitly depicts or describes patently offensive
representations or descriptions of sexually explicit conduct as defined
in RCW 9.68A.011; and
(iii) Which, when considered as a whole, and in the context in
which it is used, lacks serious literary, artistic, political, or
scientific value for minors.
(c) "Live performance" means any play, show, skit, dance, or other
exhibition performed or presented to, or before an audience of one or
more, with or without consideration.
(d) "Person" means any individual, partnership, firm, association,
corporation, or other legal entity.
Sec. 44 RCW 9.81.020 and 1951 c 254 s 2 are each amended to read
as follows:
(1) It ((shall be)) is a class B felony for any person knowingly
and willfully to:
(((1))) (a) Commit, attempt to commit, or aid in the commission of
any act intended to overthrow, destroy or alter, or to assist in the
overthrow, destruction or alteration of, the constitutional form of the
government of the United States, or of the state of Washington or any
political subdivision of either of them, by revolution, force or
violence; or
(((2))) (b) Advocate, abet, advise, or teach by any means any
person to commit, attempt to commit, or assist in the commission of any
such act under such circumstances as to constitute a clear and present
danger to the security of the United States, or of the state of
Washington or of any political subdivision of either of them; or
(((3))) (c) Conspire with one or more persons to commit any such
act; or
(((4))) (d) Assist in the formation or participate in the
management or to contribute to the support of any subversive
organization or foreign subversive organization knowing ((said)) the
organization to be a subversive organization or a foreign subversive
organization; or
(((5))) (e) Destroy any books, records or files, or secrete any
funds in this state of a subversive organization or a foreign
subversive organization, knowing ((said)) the organization to be such.
(2) Any person upon a plea of guilty or upon conviction of
violating any of the provisions of this section shall be fined not more
than ten thousand dollars, or imprisoned for not more than ten years,
or both, at the discretion of the court.
Sec. 45 RCW 9.81.030 and 1951 c 254 s 3 are each amended to read
as follows:
It ((shall be)) is a class C felony for any person after June 1,
1951 to become, or after September 1, 1951, to remain a member of a
subversive organization or a foreign subversive organization knowing
((said)) the organization to be a subversive organization or foreign
subversive organization. Any person upon a plea of guilty or upon
conviction of violating ((any of the provisions of)) this section shall
be fined not more than five thousand dollars, or imprisoned for not
more than five years, or both, at the discretion of the court.
Sec. 46 RCW 9.82.010 and 1909 c 249 s 65 are each amended to read
as follows:
(1) Treason against the people of the state consists in --
(((1))) (a) Levying war against the people of the state, or
(((2))) (b) Adhering to its enemies, or
(((3))) (c) Giving them aid and comfort.
(2) Treason is a class A felony and punishable by death.
(3) No person shall be convicted for treason unless upon the
testimony of two witnesses to the same overt act or by confession in
open court.
Sec. 47 RCW 9.86.020 and 1919 c 107 s 2 are each amended to read
as follows:
(1) No person shall, in any manner, for exhibition or display:
(((1))) (a) Place or cause to be placed any word, figure, mark,
picture, design, drawing or advertisement of any nature upon any flag,
standard, color, ensign or shield of the United States or of this
state, or authorized by any law of the United States or of this state;
or
(((2))) (b) Expose to public view any such flag, standard, color,
ensign or shield upon which shall have been printed, painted or
otherwise produced, or to which shall have been attached, appended,
affixed or annexed any such word, figure, mark, picture, design,
drawing or advertisement; or
(((3))) (c) Expose to public view for sale, manufacture, or
otherwise, or to sell, give, or have in possession for sale, for gift
or for use for any purpose, any substance, being an article of
merchandise, or receptacle, or thing for holding or carrying
merchandise, upon or to which shall have been produced or attached any
such flag, standard, color, ensign or shield, in order to advertise,
call attention to, decorate, mark or distinguish such article or
substance.
(2) A violation of this section is a gross misdemeanor.
Sec. 48 RCW 9.86.030 and 1969 ex.s. c 110 s 1 are each amended to
read as follows:
(1) No person shall knowingly cast contempt upon any flag,
standard, color, ensign or shield, as defined in RCW 9.86.010, by
publicly mutilating, defacing, defiling, burning, or trampling upon
((said)) the flag, standard, color, ensign or shield.
(2) A violation of this section is a gross misdemeanor.
Sec. 49 RCW 9.91.140 and 1998 c 79 s 1 are each amended to read
as follows:
(((1))) A person who sells food stamps obtained through the program
established under RCW 74.04.500 or food stamp benefits transferred
electronically, or food purchased therewith, is guilty of the
following:
(1) A gross misdemeanor ((under RCW 9A.20.021)) if the value of the
stamps, benefits, or food transferred exceeds one hundred dollars((,
and is guilty of)); or
(2) A misdemeanor ((under RCW 9A.20.021)) if the value of the
stamps, benefits, or food transferred is one hundred dollars or less.
(((2) A person who purchases, or who otherwise acquires and sells,
or who traffics in, food stamps as defined by the federal food stamp
act, as amended, 7 U.S.C. Sec. 2011 et seq., or food stamp benefits
transferred electronically, is guilty of a class C felony under RCW
9A.20.021 if the face value of the stamps or benefits exceeds one
hundred dollars, and is guilty of a gross misdemeanor under RCW
9A.20.021 if the face value of the stamps or benefits is one hundred
dollars or less.))
(3) A person who, in violation of 7 U.S.C. Sec. 2024(c), obtains
and presents food stamps as defined by the federal food stamp act, as
amended, 7 U.S.C. Sec. 2011 et seq., or food stamp benefits transferred
electronically, for redemption or causes such stamps or benefits to be
presented for redemption through the program established under RCW
74.04.500 is guilty of a class C felony under RCW 9A.20.021.
NEW SECTION. Sec. 50 A new section is added to chapter 9.91 RCW
to read as follows:
A person who purchases, or who otherwise acquires and sells, or who
traffics in, food stamps as defined by the federal food stamp act, as
amended, 7 U.S.C. Sec. 2011 et seq., or food stamp benefits transferred
electronically, is guilty of the following:
(1) A class C felony punishable according to chapter 9A.20 RCW if
the face value of the stamps or benefits exceeds one hundred dollars;
or
(2) A gross misdemeanor if the face value of the stamps or benefits
is one hundred dollars or less.
NEW SECTION. Sec. 51 A new section is added to chapter 9.91 RCW
to read as follows:
A person who, in violation of 7 U.S.C. Sec. 2024(c), obtains and
presents food stamps as defined by the federal food stamp act, as
amended, 7 U.S.C. Sec. 2011 et seq., or food stamp benefits transferred
electronically, for redemption or causes such stamps or benefits to be
presented for redemption through the program established under RCW
74.04.500 is guilty of a class C felony punishable according to chapter
9A.20 RCW.
Sec. 52 RCW 9.91.170 and 2001 c 112 s 2 are each amended to read
as follows:
(1)(a) Any person who has received notice that his or her behavior
is interfering with the use of a dog guide or service animal who
continues with reckless disregard to interfere with the use of a dog
guide or service animal by obstructing, intimidating, or otherwise
jeopardizing the safety of the dog guide or service animal user or his
or her dog guide or service animal is guilty of a misdemeanor
((punishable according to chapter 9A.20 RCW)), except ((that for a
second or subsequent offense it)) as provided in (b) of this
subsection.
(b) A second or subsequent violation of this subsection is a gross
misdemeanor.
(((b))) (2)(a) Any person who, with reckless disregard, allows his
or her dog to interfere with the use of a dog guide or service animal
by obstructing, intimidating, or otherwise jeopardizing the safety of
the dog guide or service animal user or his or her dog guide or service
animal is guilty of a misdemeanor ((punishable according to chapter
9A.20 RCW)), except ((that for a second or subsequent offense it)) as
provided in (b) of this subsection.
(b) A second or subsequent violation of this subsection is a gross
misdemeanor.
(((2)(a))) (3) Any person who, with reckless disregard, injures,
disables, or causes the death of a dog guide or service animal is
guilty of a gross misdemeanor ((punishable according to chapter 9A.20
RCW)).
(((b))) (4) Any person who, with reckless disregard, allows his or
her dog to injure, disable, or cause the death of a dog guide or
service animal is guilty of a gross misdemeanor ((punishable according
to chapter 9A.20 RCW)).
(((3))) (5) Any person who intentionally injures, disables, or
causes the death of a dog guide or service animal is guilty of a class
C felony punishable according to chapter 9A.20 RCW.
(((4))) (6) Any person who wrongfully obtains or exerts
unauthorized control over a dog guide or service animal with the intent
to deprive the dog guide or service animal user of his or her dog guide
or service animal is guilty of theft in the first degree, RCW
9A.56.030.
(((5))) (7)(a) In any case in which the defendant is convicted of
a violation of this section, he or she shall also be ordered to make
full restitution for all damages, including incidental and
consequential expenses incurred by the dog guide or service animal user
and the dog guide or service animal which arise out of or are related
to the criminal offense.
(b) Restitution for a conviction under this section shall include,
but is not limited to:
(i) The value of the replacement of an incapacitated or deceased
dog guide or service animal, the training of a replacement dog guide or
service animal, or retraining of the affected dog guide or service
animal and all related veterinary and care expenses; and
(ii) Medical expenses of the dog guide or service animal user,
training of the dog guide or service animal user, and compensation for
wages or earned income lost by the dog guide or service animal user.
(((6))) (8) Nothing in this section shall affect any civil remedies
available for violation of this section.
(((7))) (9) For purposes of this section, the following definitions
apply:
(a) "Dog guide" means a dog that is trained for the purpose of
guiding blind persons or a dog trained for the purpose of assisting
hearing impaired persons.
(b) "Service animal" means an animal that is trained for the
purposes of assisting or accommodating a disabled person's sensory,
mental, or physical disability.
(c) "Notice" means a verbal or otherwise communicated warning
prescribing the behavior of another person and a request that the
person stop their behavior.
(d) "Value" means the value to the dog guide or service animal user
and does not refer to cost or fair market value.
Sec. 53 RCW 9.94.010 and 1995 c 314 s 1 are each amended to read
as follows:
(1) Whenever two or more inmates of a correctional institution
assemble for any purpose, and act in such a manner as to disturb the
good order of the institution and contrary to the commands of the
officers of the institution, by the use of force or violence, or the
threat thereof, and whether acting in concert or not, they shall be
guilty of prison riot.
(2) Every inmate of a correctional institution who is guilty of
prison riot or of voluntarily participating therein by being present
at, or by instigating, aiding, or abetting the same, is guilty of a
class B felony and shall be punished by imprisonment in a state
correctional institution for not less than one year nor more than ten
years, which shall be in addition to the sentence being served.
Sec. 54 RCW 9.94.030 and 1995 c 314 s 3 are each amended to read
as follows:
Whenever any inmate of a correctional institution shall hold, or
participate in holding, any person as a hostage, by force or violence,
or the threat thereof, or shall prevent, or participate in preventing
an officer of such institution from carrying out his or her duties, by
force or violence, or the threat thereof, he or she shall be guilty of
a class B felony and upon conviction shall be punished by imprisonment
in a state correctional institution for not less than one year nor more
than ten years.
Sec. 55 RCW 9.94A.030 and 2002 c 175 s 5 and 2002 c 107 s 2 are
each reenacted and amended to read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Board" means the indeterminate sentence review board created
under chapter 9.95 RCW.
(2) "Collect," or any derivative thereof, "collect and remit," or
"collect and deliver," when used with reference to the department,
means that the department, either directly or through a collection
agreement authorized by RCW 9.94A.760, is responsible for monitoring
and enforcing the offender's sentence with regard to the legal
financial obligation, receiving payment thereof from the offender, and,
consistent with current law, delivering daily the entire payment to the
superior court clerk without depositing it in a departmental account.
(3) "Commission" means the sentencing guidelines commission.
(4) "Community corrections officer" means an employee of the
department who is responsible for carrying out specific duties in
supervision of sentenced offenders and monitoring of sentence
conditions.
(5) "Community custody" means that portion of an offender's
sentence of confinement in lieu of earned release time or imposed
pursuant to RCW 9.94A.505(2)(b), 9.94A.650 through 9.94A.670,
9.94A.690, 9.94A.700 through 9.94A.715, or 9.94A.545, served in the
community subject to controls placed on the offender's movement and
activities by the department. For offenders placed on community
custody for crimes committed on or after July 1, 2000, the department
shall assess the offender's risk of reoffense and may establish and
modify conditions of community custody, in addition to those imposed by
the court, based upon the risk to community safety.
(6) "Community custody range" means the minimum and maximum period
of community custody included as part of a sentence under RCW
9.94A.715, as established by the commission or the legislature under
RCW 9.94A.850, for crimes committed on or after July 1, 2000.
(7) "Community placement" means that period during which the
offender is subject to the conditions of community custody and/or
postrelease supervision, which begins either upon completion of the
term of confinement (postrelease supervision) or at such time as the
offender is transferred to community custody in lieu of earned release.
Community placement may consist of entirely community custody, entirely
postrelease supervision, or a combination of the two.
(8) "Community restitution" means compulsory service, without
compensation, performed for the benefit of the community by the
offender.
(9) "Community supervision" means a period of time during which a
convicted offender is subject to crime-related prohibitions and other
sentence conditions imposed by a court pursuant to this chapter or RCW
16.52.200(6) or 46.61.524. Where the court finds that any offender has
a chemical dependency that has contributed to his or her offense, the
conditions of supervision may, subject to available resources, include
treatment. For purposes of the interstate compact for out-of-state
supervision of parolees and probationers, RCW 9.95.270, community
supervision is the functional equivalent of probation and should be
considered the same as probation by other states.
(10) "Confinement" means total or partial confinement.
(11) "Conviction" means an adjudication of guilt pursuant to Titles
10 or 13 RCW and includes a verdict of guilty, a finding of guilty, and
acceptance of a plea of guilty.
(12) "Crime-related prohibition" means an order of a court
prohibiting conduct that directly relates to the circumstances of the
crime for which the offender has been convicted, and shall not be
construed to mean orders directing an offender affirmatively to
participate in rehabilitative programs or to otherwise perform
affirmative conduct. However, affirmative acts necessary to monitor
compliance with the order of a court may be required by the department.
(13) "Criminal history" means the list of a defendant's prior
convictions and juvenile adjudications, whether in this state, in
federal court, or elsewhere.
(a) The history shall include, where known, for each conviction (i)
whether the defendant has been placed on probation and the length and
terms thereof; and (ii) whether the defendant has been incarcerated and
the length of incarceration.
(b) A conviction may be removed from a defendant's criminal history
only if it is vacated pursuant to RCW 9.96.060, 9.94A.640, 9.95.240, or
a similar out-of-state statute, or if the conviction has been vacated
pursuant to a governor's pardon.
(c) The determination of a defendant's criminal history is distinct
from the determination of an offender score. A prior conviction that
was not included in an offender score calculated pursuant to a former
version of the sentencing reform act remains part of the defendant's
criminal history.
(14) "Day fine" means a fine imposed by the sentencing court that
equals the difference between the offender's net daily income and the
reasonable obligations that the offender has for the support of the
offender and any dependents.
(15) "Day reporting" means a program of enhanced supervision
designed to monitor the offender's daily activities and compliance with
sentence conditions, and in which the offender is required to report
daily to a specific location designated by the department or the
sentencing court.
(16) "Department" means the department of corrections.
(17) "Determinate sentence" means a sentence that states with
exactitude the number of actual years, months, or days of total
confinement, of partial confinement, of community supervision, the
number of actual hours or days of community restitution work, or
dollars or terms of a legal financial obligation. The fact that an
offender through earned release can reduce the actual period of
confinement shall not affect the classification of the sentence as a
determinate sentence.
(18) "Disposable earnings" means that part of the earnings of an
offender remaining after the deduction from those earnings of any
amount required by law to be withheld. For the purposes of this
definition, "earnings" means compensation paid or payable for personal
services, whether denominated as wages, salary, commission, bonuses, or
otherwise, and, notwithstanding any other provision of law making the
payments exempt from garnishment, attachment, or other process to
satisfy a court-ordered legal financial obligation, specifically
includes periodic payments pursuant to pension or retirement programs,
or insurance policies of any type, but does not include payments made
under Title 50 RCW, except as provided in RCW 50.40.020 and 50.40.050,
or Title 74 RCW.
(19) "Drug offender sentencing alternative" is a sentencing option
available to persons convicted of a felony offense other than a violent
offense or a sex offense and who are eligible for the option under RCW
9.94A.660.
(20) "Drug offense" means:
(a) Any felony violation of chapter 69.50 RCW except possession of
a controlled substance (((RCW 69.50.401(d))) section 334 of this act)
or forged prescription for a controlled substance (RCW 69.50.403);
(b) Any offense defined as a felony under federal law that relates
to the possession, manufacture, distribution, or transportation of a
controlled substance; or
(c) Any out-of-state conviction for an offense that under the laws
of this state would be a felony classified as a drug offense under (a)
of this subsection.
(21) "Earned release" means earned release from confinement as
provided in RCW 9.94A.728.
(22) "Escape" means:
(a) Sexually violent predator escape (RCW 9A.76.115), escape in the
first degree (RCW 9A.76.110), escape in the second degree (RCW
9A.76.120), willful failure to return from furlough (RCW 72.66.060),
willful failure to return from work release (RCW 72.65.070), or willful
failure to be available for supervision by the department while in
community custody (RCW 72.09.310); or
(b) Any federal or out-of-state conviction for an offense that
under the laws of this state would be a felony classified as an escape
under (a) of this subsection.
(23) "Felony traffic offense" means:
(a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW
46.61.522), eluding a police officer (RCW 46.61.024), or felony hit-and-run injury-accident (RCW 46.52.020(4)); or
(b) Any federal or out-of-state conviction for an offense that
under the laws of this state would be a felony classified as a felony
traffic offense under (a) of this subsection.
(24) "Fine" means a specific sum of money ordered by the sentencing
court to be paid by the offender to the court over a specific period of
time.
(25) "First-time offender" means any person who has no prior
convictions for a felony and is eligible for the first-time offender
waiver under RCW 9.94A.650.
(26) "Home detention" means a program of partial confinement
available to offenders wherein the offender is confined in a private
residence subject to electronic surveillance.
(27) "Legal financial obligation" means a sum of money that is
ordered by a superior court of the state of Washington for legal
financial obligations which may include restitution to the victim,
statutorily imposed crime victims' compensation fees as assessed
pursuant to RCW 7.68.035, court costs, county or interlocal drug funds,
court-appointed attorneys' fees, and costs of defense, fines, and any
other financial obligation that is assessed to the offender as a result
of a felony conviction. Upon conviction for vehicular assault while
under the influence of intoxicating liquor or any drug, RCW
46.61.522(1)(b), or vehicular homicide while under the influence of
intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal financial
obligations may also include payment to a public agency of the expense
of an emergency response to the incident resulting in the conviction,
subject to RCW 38.52.430.
(28) "Most serious offense" means any of the following felonies or
a felony attempt to commit any of the following felonies:
(a) Any felony defined under any law as a class A felony or
criminal solicitation of or criminal conspiracy to commit a class A
felony;
(b) Assault in the second degree;
(c) Assault of a child in the second degree;
(d) Child molestation in the second degree;
(e) Controlled substance homicide;
(f) Extortion in the first degree;
(g) Incest when committed against a child under age fourteen;
(h) Indecent liberties;
(i) Kidnapping in the second degree;
(j) Leading organized crime;
(k) Manslaughter in the first degree;
(l) Manslaughter in the second degree;
(m) Promoting prostitution in the first degree;
(n) Rape in the third degree;
(o) Robbery in the second degree;
(p) Sexual exploitation;
(q) Vehicular assault, when caused by the operation or driving of
a vehicle by a person while under the influence of intoxicating liquor
or any drug or by the operation or driving of a vehicle in a reckless
manner;
(r) Vehicular homicide, when proximately caused by the driving of
any vehicle by any person while under the influence of intoxicating
liquor or any drug as defined by RCW 46.61.502, or by the operation of
any vehicle in a reckless manner;
(s) Any other class B felony offense with a finding of sexual
motivation;
(t) Any other felony with a deadly weapon verdict under RCW
9.94A.602;
(u) Any felony offense in effect at any time prior to December 2,
1993, that is comparable to a most serious offense under this
subsection, or any federal or out-of-state conviction for an offense
that under the laws of this state would be a felony classified as a
most serious offense under this subsection;
(v)(i) A prior conviction for indecent liberties under RCW
9A.88.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. sess.
as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), and (c) as
it existed from July 1, 1979, until June 11, 1986, and RCW 9A.44.100(1)
(a), (b), and (d) as it existed from June 11, 1986, until July 1, 1988;
(ii) A prior conviction for indecent liberties under RCW
9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988,
if: (A) The crime was committed against a child under the age of
fourteen; or (B) the relationship between the victim and perpetrator is
included in the definition of indecent liberties under RCW
9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 1997,
or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 1993,
through July 27, 1997.
(29) "Nonviolent offense" means an offense which is not a violent
offense.
(30) "Offender" means a person who has committed a felony
established by state law and is eighteen years of age or older or is
less than eighteen years of age but whose case is under superior court
jurisdiction under RCW 13.04.030 or has been transferred by the
appropriate juvenile court to a criminal court pursuant to RCW
13.40.110. Throughout this chapter, the terms "offender" and
"defendant" are used interchangeably.
(31) "Partial confinement" means confinement for no more than one
year in a facility or institution operated or utilized under contract
by the state or any other unit of government, or, if home detention or
work crew has been ordered by the court, in an approved residence, for
a substantial portion of each day with the balance of the day spent in
the community. Partial confinement includes work release, home
detention, work crew, and a combination of work crew and home
detention.
(32) "Persistent offender" is an offender who:
(a)(i) Has been convicted in this state of any felony considered a
most serious offense; and
(ii) Has, before the commission of the offense under (a) of this
subsection, been convicted as an offender on at least two separate
occasions, whether in this state or elsewhere, of felonies that under
the laws of this state would be considered most serious offenses and
would be included in the offender score under RCW 9.94A.525; provided
that of the two or more previous convictions, at least one conviction
must have occurred before the commission of any of the other most
serious offenses for which the offender was previously convicted; or
(b)(i) Has been convicted of: (A) Rape in the first degree, rape
of a child in the first degree, child molestation in the first degree,
rape in the second degree, rape of a child in the second degree, or
indecent liberties by forcible compulsion; (B) any of the following
offenses with a finding of sexual motivation: Murder in the first
degree, murder in the second degree, homicide by abuse, kidnapping in
the first degree, kidnapping in the second degree, assault in the first
degree, assault in the second degree, assault of a child in the first
degree, or burglary in the first degree; or (C) an attempt to commit
any crime listed in this subsection (32)(b)(i); and
(ii) Has, before the commission of the offense under (b)(i) of this
subsection, been convicted as an offender on at least one occasion,
whether in this state or elsewhere, of an offense listed in (b)(i) of
this subsection or any federal or out-of-state offense or offense under
prior Washington law that is comparable to the offenses listed in
(b)(i) of this subsection. A conviction for rape of a child in the
first degree constitutes a conviction under (b)(i) of this subsection
only when the offender was sixteen years of age or older when the
offender committed the offense. A conviction for rape of a child in
the second degree constitutes a conviction under (b)(i) of this
subsection only when the offender was eighteen years of age or older
when the offender committed the offense.
(33) "Postrelease supervision" is that portion of an offender's
community placement that is not community custody.
(34) "Restitution" means a specific sum of money ordered by the
sentencing court to be paid by the offender to the court over a
specified period of time as payment of damages. The sum may include
both public and private costs.
(35) "Risk assessment" means the application of an objective
instrument supported by research and adopted by the department for the
purpose of assessing an offender's risk of reoffense, taking into
consideration the nature of the harm done by the offender, place and
circumstances of the offender related to risk, the offender's
relationship to any victim, and any information provided to the
department by victims. The results of a risk assessment shall not be
based on unconfirmed or unconfirmable allegations.
(36) "Serious traffic offense" means:
(a) Driving while under the influence of intoxicating liquor or any
drug (RCW 46.61.502), actual physical control while under the influence
of intoxicating liquor or any drug (RCW 46.61.504), reckless driving
(RCW 46.61.500), or hit-and-run an attended vehicle (RCW 46.52.020(5));
or
(b) Any federal, out-of-state, county, or municipal conviction for
an offense that under the laws of this state would be classified as a
serious traffic offense under (a) of this subsection.
(37) "Serious violent offense" is a subcategory of violent offense
and means:
(a)(i) Murder in the first degree;
(ii) Homicide by abuse;
(iii) Murder in the second degree;
(iv) Manslaughter in the first degree;
(v) Assault in the first degree;
(vi) Kidnapping in the first degree;
(vii) Rape in the first degree;
(viii) Assault of a child in the first degree; or
(ix) An attempt, criminal solicitation, or criminal conspiracy to
commit one of these felonies; or
(b) Any federal or out-of-state conviction for an offense that
under the laws of this state would be a felony classified as a serious
violent offense under (a) of this subsection.
(38) "Sex offense" means:
(a)(i) A felony that is a violation of chapter 9A.44 RCW other than
RCW 9A.44.130(11);
(ii) A violation of RCW 9A.64.020;
(iii) A felony that is a violation of chapter 9.68A RCW other than
RCW 9.68A.070 or 9.68A.080; or
(iv) A felony that is, under chapter 9A.28 RCW, a criminal attempt,
criminal solicitation, or criminal conspiracy to commit such crimes;
(b) Any conviction for a felony offense in effect at any time prior
to July 1, 1976, that is comparable to a felony classified as a sex
offense in (a) of this subsection;
(c) A felony with a finding of sexual motivation under RCW
9.94A.835 or 13.40.135; or
(d) Any federal or out-of-state conviction for an offense that
under the laws of this state would be a felony classified as a sex
offense under (a) of this subsection.
(39) "Sexual motivation" means that one of the purposes for which
the defendant committed the crime was for the purpose of his or her
sexual gratification.
(40) "Standard sentence range" means the sentencing court's
discretionary range in imposing a nonappealable sentence.
(41) "Statutory maximum sentence" means the maximum length of time
for which an offender may be confined as punishment for a crime as
prescribed in chapter 9A.20 RCW, RCW 9.92.010, the statute defining the
crime, or other statute defining the maximum penalty for a crime.
(42) "Total confinement" means confinement inside the physical
boundaries of a facility or institution operated or utilized under
contract by the state or any other unit of government for twenty-four
hours a day, or pursuant to RCW 72.64.050 and 72.64.060.
(43) "Transition training" means written and verbal instructions
and assistance provided by the department to the offender during the
two weeks prior to the offender's successful completion of the work
ethic camp program. The transition training shall include instructions
in the offender's requirements and obligations during the offender's
period of community custody.
(44) "Victim" means any person who has sustained emotional,
psychological, physical, or financial injury to person or property as
a direct result of the crime charged.
(45) "Violent offense" means:
(a) Any of the following felonies:
(i) Any felony defined under any law as a class A felony or an
attempt to commit a class A felony;
(ii) Criminal solicitation of or criminal conspiracy to commit a
class A felony;
(iii) Manslaughter in the first degree;
(iv) Manslaughter in the second degree;
(v) Indecent liberties if committed by forcible compulsion;
(vi) Kidnapping in the second degree;
(vii) Arson in the second degree;
(viii) Assault in the second degree;
(ix) Assault of a child in the second degree;
(x) Extortion in the first degree;
(xi) Robbery in the second degree;
(xii) Drive-by shooting;
(xiii) Vehicular assault, when caused by the operation or driving
of a vehicle by a person while under the influence of intoxicating
liquor or any drug or by the operation or driving of a vehicle in a
reckless manner; and
(xiv) Vehicular homicide, when proximately caused by the driving of
any vehicle by any person while under the influence of intoxicating
liquor or any drug as defined by RCW 46.61.502, or by the operation of
any vehicle in a reckless manner;
(b) Any conviction for a felony offense in effect at any time prior
to July 1, 1976, that is comparable to a felony classified as a violent
offense in (a) of this subsection; and
(c) Any federal or out-of-state conviction for an offense that
under the laws of this state would be a felony classified as a violent
offense under (a) or (b) of this subsection.
(46) "Work crew" means a program of partial confinement consisting
of civic improvement tasks for the benefit of the community that
complies with RCW 9.94A.725.
(47) "Work ethic camp" means an alternative incarceration program
as provided in RCW 9.94A.690 designed to reduce recidivism and lower
the cost of corrections by requiring offenders to complete a
comprehensive array of real-world job and vocational experiences,
character-building work ethics training, life management skills
development, substance abuse rehabilitation, counseling, literacy
training, and basic adult education.
(48) "Work release" means a program of partial confinement
available to offenders who are employed or engaged as a student in a
regular course of study at school.
Sec. 56 RCW 9.94A.515 and 2002 c 340 s 2, 2002 c 324 s 2, 2002 c
290 s 7, 2002 c 253 s 4, 2002 c 229 s 2, 2002 c 134 s 2, and 2002 c 133
s 4 are each reenacted and amended to read as follows:
| TABLE 2 | ||
| CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL | ||
| XVI | ||
| XV | ||
| XIV | ||
| XIII | ||
| XII | ||
| XI | ||
| X | ||
| IX | ||
| VIII | ||
| VII | ||
| VI | ||
| V | ||
| IV | ||
| III | ||
| Escape 2 (RCW 9A.76.120) | ||
| II | ||
| I | ||
Sec. 57 RCW 9.94A.518 and 2002 c 290 s 9 are each amended to read
as follows:
| TABLE 4 | ||
| DRUG OFFENSES INCLUDED WITHIN EACH SERIOUSNESS LEVEL | ||
| III | ||
| II | ||
| I | ||
Sec. 58 RCW 9.94A.533 and 2002 c 290 s 11 are each amended to
read as follows:
(1) The provisions of this section apply to the standard sentence
ranges determined by RCW 9.94A.510 or 9.94A.517.
(2) For persons convicted of the anticipatory offenses of criminal
attempt, solicitation, or conspiracy under chapter 9A.28 RCW, the
standard sentence range is determined by locating the sentencing grid
sentence range defined by the appropriate offender score and the
seriousness level of the completed crime, and multiplying the range by
seventy-five percent.
(3) The following additional times shall be added to the standard
sentence range for felony crimes committed after July 23, 1995, if the
offender or an accomplice was armed with a firearm as defined in RCW
9.41.010 and the offender is being sentenced for one of the crimes
listed in this subsection as eligible for any firearm enhancements
based on the classification of the completed felony crime. If the
offender is being sentenced for more than one offense, the firearm
enhancement or enhancements must be added to the total period of
confinement for all offenses, regardless of which underlying offense is
subject to a firearm enhancement. If the offender or an accomplice was
armed with a firearm as defined in RCW 9.41.010 and the offender is
being sentenced for an anticipatory offense under chapter 9A.28 RCW to
commit one of the crimes listed in this subsection as eligible for any
firearm enhancements, the following additional times shall be added to
the standard sentence range determined under subsection (2) of this
section based on the felony crime of conviction as classified under RCW
9A.28.020:
(a) Five years for any felony defined under any law as a class A
felony or with a statutory maximum sentence of at least twenty years,
or both, and not covered under (f) of this subsection;
(b) Three years for any felony defined under any law as a class B
felony or with a statutory maximum sentence of ten years, or both, and
not covered under (f) of this subsection;
(c) Eighteen months for any felony defined under any law as a class
C felony or with a statutory maximum sentence of five years, or both,
and not covered under (f) of this subsection;
(d) If the offender is being sentenced for any firearm enhancements
under (a), (b), and/or (c) of this subsection and the offender has
previously been sentenced for any deadly weapon enhancements after July
23, 1995, under (a), (b), and/or (c) of this subsection or subsection
(4)(a), (b), and/or (c) of this section, or both, all firearm
enhancements under this subsection shall be twice the amount of the
enhancement listed;
(e) Notwithstanding any other provision of law, all firearm
enhancements under this section are mandatory, shall be served in total
confinement, and shall run consecutively to all other sentencing
provisions, including other firearm or deadly weapon enhancements, for
all offenses sentenced under this chapter. However, whether or not a
mandatory minimum term has expired, an offender serving a sentence
under this subsection may be granted an extraordinary medical placement
when authorized under RCW 9.94A.728(4);
(f) The firearm enhancements in this section shall apply to all
felony crimes except the following: Possession of a machine gun,
possessing a stolen firearm, drive-by shooting, theft of a firearm,
unlawful possession of a firearm in the first and second degree, and
use of a machine gun in a felony;
(g) If the standard sentence range under this section exceeds the
statutory maximum sentence for the offense, the statutory maximum
sentence shall be the presumptive sentence unless the offender is a
persistent offender. If the addition of a firearm enhancement
increases the sentence so that it would exceed the statutory maximum
for the offense, the portion of the sentence representing the
enhancement may not be reduced.
(4) The following additional times shall be added to the standard
sentence range for felony crimes committed after July 23, 1995, if the
offender or an accomplice was armed with a deadly weapon other than a
firearm as defined in RCW 9.41.010 and the offender is being sentenced
for one of the crimes listed in this subsection as eligible for any
deadly weapon enhancements based on the classification of the completed
felony crime. If the offender is being sentenced for more than one
offense, the deadly weapon enhancement or enhancements must be added to
the total period of confinement for all offenses, regardless of which
underlying offense is subject to a deadly weapon enhancement. If the
offender or an accomplice was armed with a deadly weapon other than a
firearm as defined in RCW 9.41.010 and the offender is being sentenced
for an anticipatory offense under chapter 9A.28 RCW to commit one of
the crimes listed in this subsection as eligible for any deadly weapon
enhancements, the following additional times shall be added to the
standard sentence range determined under subsection (2) of this section
based on the felony crime of conviction as classified under RCW
9A.28.020:
(a) Two years for any felony defined under any law as a class A
felony or with a statutory maximum sentence of at least twenty years,
or both, and not covered under (f) of this subsection;
(b) One year for any felony defined under any law as a class B
felony or with a statutory maximum sentence of ten years, or both, and
not covered under (f) of this subsection;
(c) Six months for any felony defined under any law as a class C
felony or with a statutory maximum sentence of five years, or both, and
not covered under (f) of this subsection;
(d) If the offender is being sentenced under (a), (b), and/or (c)
of this subsection for any deadly weapon enhancements and the offender
has previously been sentenced for any deadly weapon enhancements after
July 23, 1995, under (a), (b), and/or (c) of this subsection or
subsection (3)(a), (b), and/or (c) of this section, or both, all deadly
weapon enhancements under this subsection shall be twice the amount of
the enhancement listed;
(e) Notwithstanding any other provision of law, all deadly weapon
enhancements under this section are mandatory, shall be served in total
confinement, and shall run consecutively to all other sentencing
provisions, including other firearm or deadly weapon enhancements, for
all offenses sentenced under this chapter. However, whether or not a
mandatory minimum term has expired, an offender serving a sentence
under this subsection may be granted an extraordinary medical placement
when authorized under RCW 9.94A.728(4);
(f) The deadly weapon enhancements in this section shall apply to
all felony crimes except the following: Possession of a machine gun,
possessing a stolen firearm, drive-by shooting, theft of a firearm,
unlawful possession of a firearm in the first and second degree, and
use of a machine gun in a felony;
(g) If the standard sentence range under this section exceeds the
statutory maximum sentence for the offense, the statutory maximum
sentence shall be the presumptive sentence unless the offender is a
persistent offender. If the addition of a deadly weapon enhancement
increases the sentence so that it would exceed the statutory maximum
for the offense, the portion of the sentence representing the
enhancement may not be reduced.
(5) The following additional times shall be added to the standard
sentence range if the offender or an accomplice committed the offense
while in a county jail or state correctional facility and the offender
is being sentenced for one of the crimes listed in this subsection. If
the offender or an accomplice committed one of the crimes listed in
this subsection while in a county jail or state correctional facility,
and the offender is being sentenced for an anticipatory offense under
chapter 9A.28 RCW to commit one of the crimes listed in this
subsection, the following additional times shall be added to the
standard sentence range determined under subsection (2) of this
section:
(a) Eighteen months for offenses committed under RCW
69.50.401(((a)(1) (i) or (ii))) (2) (a) or (b) or 69.50.410;
(b) Fifteen months for offenses committed under RCW
69.50.401(((a)(1) (iii), (iv), and (v))) (2) (c), (d), or (e);
(c) Twelve months for offenses committed under ((RCW 69.50.401(d)))
section 334 of this act.
For the purposes of this subsection, all of the real property of a
state correctional facility or county jail shall be deemed to be part
of that facility or county jail.
(6) An additional twenty-four months shall be added to the standard
sentence range for any ranked offense involving a violation of chapter
69.50 RCW if the offense was also a violation of RCW 69.50.435 or
9.94A.605.
(7) An additional two years shall be added to the standard sentence
range for vehicular homicide committed while under the influence of
intoxicating liquor or any drug as defined by RCW 46.61.502 for each
prior offense as defined in RCW 46.61.5055.
Sec. 59 RCW 9.94A.550 and 1984 c 209 s 23 are each amended to
read as follows:
Unless otherwise provided by a statute of this state, on all
sentences under this chapter the court may impose fines according to
the following ranges:
Class A felonies $0 - 50,000
Class B felonies $0 - 20,000
Class C felonies $0 - 10,000
Sec. 60 RCW 9.94A.605 and 2002 c 134 s 3 are each amended to read
as follows:
In a criminal case where:
(1) The defendant has been convicted of (a) manufacture of a
controlled substance under RCW 69.50.401(((a))) relating to manufacture
of methamphetamine; or (b) possession of ephedrine or any of its salts
or isomers or salts of isomers, pseudoephedrine or any of its salts or
isomers or salts of isomers, pressurized ammonia gas, or pressurized
ammonia gas solution with intent to manufacture methamphetamine, as
defined in RCW 69.50.440; and
(2) There has been a special allegation pleaded and proven beyond
a reasonable doubt that the defendant committed the crime when a person
under the age of eighteen was present in or upon the premises of
manufacture;
the court shall make a finding of fact of the special allegation, or if
a jury trial is had, the jury shall, if it finds the defendant guilty,
also find a special verdict as to the special allegation.
Sec. 61 RCW 9.94A.610 and 1996 c 205 s 4 are each amended to read
as follows:
(1) At the earliest possible date, and in no event later than ten
days before release except in the event of escape or emergency
furloughs as defined in RCW 72.66.010, the department of corrections
shall send written notice of parole, community placement, work release
placement, furlough, or escape about a specific inmate convicted of a
serious drug offense to the following if such notice has been requested
in writing about a specific inmate convicted of a serious drug offense:
(a) Any witnesses who testified against the inmate in any court
proceedings involving the serious drug offense; and
(b) Any person specified in writing by the prosecuting attorney.
Information regarding witnesses requesting the notice, information
regarding any other person specified in writing by the prosecuting
attorney to receive the notice, and the notice are confidential and
shall not be available to the inmate.
(2) If an inmate convicted of a serious drug offense escapes from
a correctional facility, the department of corrections shall
immediately notify, by the most reasonable and expedient means
available, the chief of police of the city and the sheriff of the
county in which the inmate resided immediately before the inmate's
arrest and conviction. If previously requested, the department shall
also notify the witnesses who are entitled to notice under this
section. If the inmate is recaptured, the department shall send notice
to the persons designated in this subsection as soon as possible but in
no event later than two working days after the department learns of
such recapture.
(3) If any witness is under the age of sixteen, the notice required
by this section shall be sent to the parents or legal guardian of the
child.
(4) The department of corrections shall send the notices required
by this section to the last address provided to the department by the
requesting party. The requesting party shall furnish the department
with a current address.
(5) For purposes of this section, "serious drug offense" means an
offense under RCW 69.50.401(((a)(1) (i) or (ii))) (2) (a) or (b) or
(((b)(1)(i) or (ii))) section 332(2) (a) or (b) of this act.
Sec. 62 RCW 9.94A.734 and 2000 c 28 s 30 are each amended to read
as follows:
(1) Home detention may not be imposed for offenders convicted of:
(a) A violent offense;
(b) Any sex offense;
(c) Any drug offense;
(d) Reckless burning in the first or second degree as defined in
RCW 9A.48.040 or 9A.48.050;
(e) Assault in the third degree as defined in RCW 9A.36.031;
(f) Assault of a child in the third degree;
(g) Unlawful imprisonment as defined in RCW 9A.40.040; or
(h) Harassment as defined in RCW 9A.46.020.
Home detention may be imposed for offenders convicted of possession of
a controlled substance under ((RCW 69.50.401(d))) section 334 of this
act or forged prescription for a controlled substance under RCW
69.50.403 if the offender fulfills the participation conditions set
forth in this section and is monitored for drug use by a treatment
alternatives to street crime program or a comparable court or agency-referred program.
(2) Home detention may be imposed for offenders convicted of
burglary in the second degree as defined in RCW 9A.52.030 or
residential burglary conditioned upon the offender:
(a) Successfully completing twenty-one days in a work release
program;
(b) Having no convictions for burglary in the second degree or
residential burglary during the preceding two years and not more than
two prior convictions for burglary or residential burglary;
(c) Having no convictions for a violent felony offense during the
preceding two years and not more than two prior convictions for a
violent felony offense;
(d) Having no prior charges of escape; and
(e) Fulfilling the other conditions of the home detention program.
(3) Participation in a home detention program shall be conditioned
upon:
(a) The offender obtaining or maintaining current employment or
attending a regular course of school study at regularly defined hours,
or the offender performing parental duties to offspring or minors
normally in the custody of the offender;
(b) Abiding by the rules of the home detention program; and
(c) Compliance with court-ordered legal financial obligations. The
home detention program may also be made available to offenders whose
charges and convictions do not otherwise disqualify them if medical or
health-related conditions, concerns or treatment would be better
addressed under the home detention program, or where the health and
welfare of the offender, other inmates, or staff would be jeopardized
by the offender's incarceration. Participation in the home detention
program for medical or health-related reasons is conditioned on the
offender abiding by the rules of the home detention program and
complying with court-ordered restitution.
Sec. 63 RCW 9A.20.021 and 1982 c 192 s 10 are each amended to
read as follows:
(1) Felony. Unless a different maximum sentence for a classified
felony is specifically established by a statute of this state, no
person convicted of a classified felony shall be punished by
confinement or fine exceeding the following:
(a) For a class A felony, by confinement in a state correctional
institution for a term of life imprisonment, or by a fine in an amount
fixed by the court of fifty thousand dollars, or by both such
confinement and fine;
(b) For a class B felony, by confinement in a state correctional
institution for a term of ten years, or by a fine in an amount fixed by
the court of twenty thousand dollars, or by both such confinement and
fine;
(c) For a class C felony, by confinement in a state correctional
institution for five years, or by a fine in an amount fixed by the
court of ten thousand dollars, or by both such confinement and fine.
(2) Gross misdemeanor. Every person convicted of a gross
misdemeanor defined in Title 9A RCW shall be punished by imprisonment
in the county jail for a maximum term fixed by the court of not more
than one year, or by a fine in an amount fixed by the court of not more
than five thousand dollars, or by both such imprisonment and fine.
(3) Misdemeanor. Every person convicted of a misdemeanor defined
in Title 9A RCW shall be punished by imprisonment in the county jail
for a maximum term fixed by the court of not more than ninety days, or
by a fine in an amount fixed by the court of not more than one thousand
dollars, or by both such imprisonment and fine.
(4) This section applies to only those crimes committed on or after
July 1, 1984.
Sec. 64 RCW 9A.36.021 and 2001 2nd sp.s. c 12 s 355 are each
amended to read as follows:
(1) A person is guilty of assault in the second degree if he or
she, under circumstances not amounting to assault in the first degree:
(a) Intentionally assaults another and thereby recklessly inflicts
substantial bodily harm; or
(b) Intentionally and unlawfully causes substantial bodily harm to
an unborn quick child by intentionally and unlawfully inflicting any
injury upon the mother of such child; or
(c) Assaults another with a deadly weapon; or
(d) With intent to inflict bodily harm, administers to or causes to
be taken by another, poison or any other destructive or noxious
substance; or
(e) With intent to commit a felony, assaults another; or
(f) Knowingly inflicts bodily harm which by design causes such pain
or agony as to be the equivalent of that produced by torture.
(2)(a) Except as provided in (b) of this subsection, assault in the
second degree is a class B felony((, except that)).
(b) Assault in the second degree with a finding of sexual
motivation under RCW 9.94A.835 or 13.40.135 is a class A felony.
Sec. 65 RCW 9A.40.030 and 2001 2nd sp.s. c 12 s 356 are each
amended to read as follows:
(1) A person is guilty of kidnapping in the second degree if he or
she intentionally abducts another person under circumstances not
amounting to kidnapping in the first degree.
(2) In any prosecution for kidnapping in the second degree, it is
a defense if established by the defendant by a preponderance of the
evidence that (a) the abduction does not include the use of or intent
to use or threat to use deadly force, and (b) the actor is a relative
of the person abducted, and (c) the actor's sole intent is to assume
custody of that person. Nothing contained in this paragraph shall
constitute a defense to a prosecution for, or preclude a conviction of,
any other crime.
(3)(a) Except as provided in (b) of this subsection, kidnapping in
the second degree is a class B felony((, except that)).
(b) Kidnapping in the second degree with a finding of sexual
motivation under RCW 9.94A.835 or 13.40.135 is a class A felony.
Sec. 66 RCW 9A.40.070 and 1989 c 318 s 2 are each amended to read
as follows:
(1) A relative of a person is guilty of custodial interference in
the second degree if, with the intent to deny access to such person by
a parent, guardian, institution, agency, or other person having a
lawful right to physical custody of such person, the relative takes,
entices, retains, detains, or conceals the person from a parent,
guardian, institution, agency, or other person having a lawful right to
physical custody of such person. This subsection shall not apply to a
parent's noncompliance with a court-ordered parenting plan.
(2) A parent of a child is guilty of custodial interference in the
second degree if: (a) The parent takes, entices, retains, detains, or
conceals the child, with the intent to deny access, from the other
parent having the lawful right to time with the child pursuant to a
court-ordered parenting plan; or (b) the parent has not complied with
the residential provisions of a court-ordered parenting plan after a
finding of contempt under RCW 26.09.160(3); or (c) if the court finds
that the parent has engaged in a pattern of willful violations of the
court-ordered residential provisions.
(3) Nothing in subsection (2)(b) of this ((subsection)) section
prohibits conviction of custodial interference in the second degree
under subsection (2)(a) or (c) of this ((subsection)) section in
absence of findings of contempt.
(4)(a) The first conviction of custodial interference in the second
degree is a gross misdemeanor.
(b) The second or subsequent conviction of custodial interference
in the second degree is a class C felony.
Sec. 67 RCW 9A.44.100 and 2001 2nd sp.s. c 12 s 359 are each
amended to read as follows:
(1) A person is guilty of indecent liberties when he or she
knowingly causes another person who is not his or her spouse to have
sexual contact with him or her or another:
(a) By forcible compulsion;
(b) When the other person is incapable of consent by reason of
being mentally defective, mentally incapacitated, or physically
helpless;
(c) When the victim is developmentally disabled and the perpetrator
is a person who is not married to the victim and who has supervisory
authority over the victim;
(d) When the perpetrator is a health care provider, the victim is
a client or patient, and the sexual contact occurs during a treatment
session, consultation, interview, or examination. It is an affirmative
defense that the defendant must prove by a preponderance of the
evidence that the client or patient consented to the sexual contact
with the knowledge that the sexual contact was not for the purpose of
treatment;
(e) When the victim is a resident of a facility for mentally
disordered or chemically dependent persons and the perpetrator is a
person who is not married to the victim and has supervisory authority
over the victim; or
(f) When the victim is a frail elder or vulnerable adult and the
perpetrator is a person who is not married to the victim and who has a
significant relationship with the victim.
(2)(a) Except as provided in (b) of this subsection, indecent
liberties is a class B felony((, except that)).
(b) Indecent liberties by forcible compulsion is a class A felony.
Sec. 68 RCW 9A.44.130 and 2002 c 31 s 1 are each amended to read
as follows:
(1) Any adult or juvenile residing whether or not the person has a
fixed residence, or who is a student, is employed, or carries on a
vocation in this state who has been found to have committed or has been
convicted of any sex offense or kidnapping offense, or who has been
found not guilty by reason of insanity under chapter 10.77 RCW of
committing any sex offense or kidnapping offense, shall register with
the county sheriff for the county of the person's residence, or if the
person is not a resident of Washington, the county of the person's
school, or place of employment or vocation, or as otherwise specified
in this section. Where a person required to register under this
section is in custody of the state department of corrections, the state
department of social and health services, a local division of youth
services, or a local jail or juvenile detention facility as a result of
a sex offense or kidnapping offense, the person shall also register at
the time of release from custody with an official designated by the
agency that has jurisdiction over the person. In addition, any such
adult or juvenile who is admitted to a public or private institution of
higher education shall, within ten days of enrolling or by the first
business day after arriving at the institution, whichever is earlier,
notify the sheriff for the county of the person's residence of the
person's intent to attend the institution. Persons required to
register under this section who are enrolled in a public or private
institution of higher education on June 11, 1998, must notify the
county sheriff immediately. The sheriff shall notify the institution's
department of public safety and shall provide that department with the
same information provided to a county sheriff under subsection (3) of
this section.
(2) This section may not be construed to confer any powers pursuant
to RCW 4.24.500 upon the public safety department of any public or
private institution of higher education.
(3)(a) The person shall provide the following information when
registering: (i) Name; (ii) address; (iii) date and place of birth;
(iv) place of employment; (v) crime for which convicted; (vi) date and
place of conviction; (vii) aliases used; (viii) social security number;
(ix) photograph; and (x) fingerprints.
(b) Any person who lacks a fixed residence shall provide the
following information when registering: (i) Name; (ii) date and place
of birth; (iii) place of employment; (iv) crime for which convicted;
(v) date and place of conviction; (vi) aliases used; (vii) social
security number; (viii) photograph; (ix) fingerprints; and (x) where he
or she plans to stay.
(4)(a) Offenders shall register with the county sheriff within the
following deadlines. For purposes of this section the term
"conviction" refers to adult convictions and juvenile adjudications for
sex offenses or kidnapping offenses:
(i) OFFENDERS IN CUSTODY. (A) Sex offenders who committed a sex
offense on, before, or after February 28, 1990, and who, on or after
July 28, 1991, are in custody, as a result of that offense, of the
state department of corrections, the state department of social and
health services, a local division of youth services, or a local jail or
juvenile detention facility, and (B) kidnapping offenders who on or
after July 27, 1997, are in custody of the state department of
corrections, the state department of social and health services, a
local division of youth services, or a local jail or juvenile detention
facility, must register at the time of release from custody with an
official designated by the agency that has jurisdiction over the
offender. The agency shall within three days forward the registration
information to the county sheriff for the county of the offender's
anticipated residence. The offender must also register within twenty-four hours from the time of release with the county sheriff for the
county of the person's residence, or if the person is not a resident of
Washington, the county of the person's school, or place of employment
or vocation. The agency that has jurisdiction over the offender shall
provide notice to the offender of the duty to register. Failure to
register at the time of release and within twenty-four hours of release
constitutes a violation of this section and is punishable as provided
in subsection (10) of this section.
When the agency with jurisdiction intends to release an offender
with a duty to register under this section, and the agency has
knowledge that the offender is eligible for developmental disability
services from the department of social and health services, the agency
shall notify the division of developmental disabilities of the release.
Notice shall occur not more than thirty days before the offender is to
be released. The agency and the division shall assist the offender in
meeting the initial registration requirement under this section.
Failure to provide such assistance shall not constitute a defense for
any violation of this section.
(ii) OFFENDERS NOT IN CUSTODY BUT UNDER STATE OR LOCAL
JURISDICTION. Sex offenders who, on July 28, 1991, are not in custody
but are under the jurisdiction of the indeterminate sentence review
board or under the department of correction's active supervision, as
defined by the department of corrections, the state department of
social and health services, or a local division of youth services, for
sex offenses committed before, on, or after February 28, 1990, must
register within ten days of July 28, 1991. Kidnapping offenders who,
on July 27, 1997, are not in custody but are under the jurisdiction of
the indeterminate sentence review board or under the department of
correction's active supervision, as defined by the department of
corrections, the state department of social and health services, or a
local division of youth services, for kidnapping offenses committed
before, on, or after July 27, 1997, must register within ten days of
July 27, 1997. A change in supervision status of a sex offender who
was required to register under this subsection (4)(a)(ii) as of July
28, 1991, or a kidnapping offender required to register as of July 27,
1997, shall not relieve the offender of the duty to register or to
reregister following a change in residence. The obligation to register
shall only cease pursuant to RCW 9A.44.140.
(iii) OFFENDERS UNDER FEDERAL JURISDICTION. Sex offenders who, on
or after July 23, 1995, and kidnapping offenders who, on or after July
27, 1997, as a result of that offense are in the custody of the United
States bureau of prisons or other federal or military correctional
agency for sex offenses committed before, on, or after February 28,
1990, or kidnapping offenses committed on, before, or after July 27,
1997, must register within twenty-four hours from the time of release
with the county sheriff for the county of the person's residence, or if
the person is not a resident of Washington, the county of the person's
school, or place of employment or vocation. Sex offenders who, on July
23, 1995, are not in custody but are under the jurisdiction of the
United States bureau of prisons, United States courts, United States
parole commission, or military parole board for sex offenses committed
before, on, or after February 28, 1990, must register within ten days
of July 23, 1995. Kidnapping offenders who, on July 27, 1997, are not
in custody but are under the jurisdiction of the United States bureau
of prisons, United States courts, United States parole commission, or
military parole board for kidnapping offenses committed before, on, or
after July 27, 1997, must register within ten days of July 27, 1997.
A change in supervision status of a sex offender who was required to
register under this subsection (4)(a)(iii) as of July 23, 1995, or a
kidnapping offender required to register as of July 27, 1997 shall not
relieve the offender of the duty to register or to reregister following
a change in residence, or if the person is not a resident of
Washington, the county of the person's school, or place of employment
or vocation. The obligation to register shall only cease pursuant to
RCW 9A.44.140.
(iv) OFFENDERS WHO ARE CONVICTED BUT NOT CONFINED. Sex offenders
who are convicted of a sex offense on or after July 28, 1991, for a sex
offense that was committed on or after February 28, 1990, and
kidnapping offenders who are convicted on or after July 27, 1997, for
a kidnapping offense that was committed on or after July 27, 1997, but
who are not sentenced to serve a term of confinement immediately upon
sentencing, shall report to the county sheriff to register immediately
upon completion of being sentenced.
(v) OFFENDERS WHO ARE NEW RESIDENTS OR RETURNING WASHINGTON
RESIDENTS. Sex offenders and kidnapping offenders who move to
Washington state from another state or a foreign country that are not
under the jurisdiction of the state department of corrections, the
indeterminate sentence review board, or the state department of social
and health services at the time of moving to Washington, must register
within thirty days of establishing residence or reestablishing
residence if the person is a former Washington resident. The duty to
register under this subsection applies to sex offenders convicted under
the laws of another state or a foreign country, federal or military
statutes, or Washington state for offenses committed on or after
February 28, 1990, and to kidnapping offenders convicted under the laws
of another state or a foreign country, federal or military statutes, or
Washington state for offenses committed on or after July 27, 1997. Sex
offenders and kidnapping offenders from other states or a foreign
country who, when they move to Washington, are under the jurisdiction
of the department of corrections, the indeterminate sentence review
board, or the department of social and health services must register
within twenty-four hours of moving to Washington. The agency that has
jurisdiction over the offender shall notify the offender of the
registration requirements before the offender moves to Washington.
(vi) OFFENDERS FOUND NOT GUILTY BY REASON OF INSANITY. Any adult
or juvenile who has been found not guilty by reason of insanity under
chapter 10.77 RCW of (A) committing a sex offense on, before, or after
February 28, 1990, and who, on or after July 23, 1995, is in custody,
as a result of that finding, of the state department of social and
health services, or (B) committing a kidnapping offense on, before, or
after July 27, 1997, and who on or after July 27, 1997, is in custody,
as a result of that finding, of the state department of social and
health services, must register within twenty-four hours from the time
of release with the county sheriff for the county of the person's
residence. The state department of social and health services shall
provide notice to the adult or juvenile in its custody of the duty to
register. Any adult or juvenile who has been found not guilty by
reason of insanity of committing a sex offense on, before, or after
February 28, 1990, but who was released before July 23, 1995, or any
adult or juvenile who has been found not guilty by reason of insanity
of committing a kidnapping offense but who was released before July 27,
1997, shall be required to register within twenty-four hours of
receiving notice of this registration requirement. The state
department of social and health services shall make reasonable attempts
within available resources to notify sex offenders who were released
before July 23, 1995, and kidnapping offenders who were released before
July 27, 1997. Failure to register within twenty-four hours of
release, or of receiving notice, constitutes a violation of this
section and is punishable as provided in subsection (10) of this
section.
(vii) OFFENDERS WHO LACK A FIXED RESIDENCE. Any person who lacks
a fixed residence and leaves the county in which he or she is
registered and enters and remains within a new county for twenty-four
hours is required to register with the county sheriff not more than
twenty-four hours after entering the county and provide the information
required in subsection (3)(b) of this section.
(viii) OFFENDERS WHO LACK A FIXED RESIDENCE AND WHO ARE UNDER
SUPERVISION. Offenders who lack a fixed residence and who are under
the supervision of the department shall register in the county of their
supervision.
(ix) OFFENDERS WHO MOVE TO, WORK, CARRY ON A VOCATION, OR ATTEND
SCHOOL IN ANOTHER STATE. Offenders required to register in Washington,
who move to another state, or who work, carry on a vocation, or attend
school in another state shall register a new address, fingerprints, and
photograph with the new state within ten days after establishing
residence, or after beginning to work, carry on a vocation, or attend
school in the new state. The person must also send written notice
within ten days of moving to the new state or to a foreign country to
the county sheriff with whom the person last registered in Washington
state. The county sheriff shall promptly forward this information to
the Washington state patrol.
(b) Failure to register within the time required under this section
constitutes a per se violation of this section and is punishable as
provided in subsection (10) of this section. The county sheriff shall
not be required to determine whether the person is living within the
county.
(c) An arrest on charges of failure to register, service of an
information, or a complaint for a violation of this section, or
arraignment on charges for a violation of this section, constitutes
actual notice of the duty to register. Any person charged with the
crime of failure to register under this section who asserts as a
defense the lack of notice of the duty to register shall register
immediately following actual notice of the duty through arrest,
service, or arraignment. Failure to register as required under this
subsection (4)(c) constitutes grounds for filing another charge of
failing to register. Registering following arrest, service, or
arraignment on charges shall not relieve the offender from criminal
liability for failure to register prior to the filing of the original
charge.
(d) The deadlines for the duty to register under this section do
not relieve any sex offender of the duty to register under this section
as it existed prior to July 28, 1991.
(5)(a) If any person required to register pursuant to this section
changes his or her residence address within the same county, the person
must send written notice of the change of address to the county sheriff
within seventy-two hours of moving. If any person required to register
pursuant to this section moves to a new county, the person must send
written notice of the change of address at least fourteen days before
moving to the county sheriff in the new county of residence and must
register with that county sheriff within twenty-four hours of moving.
The person must also send written notice within ten days of the change
of address in the new county to the county sheriff with whom the person
last registered. The county sheriff with whom the person last
registered shall promptly forward the information concerning the change
of address to the county sheriff for the county of the person's new
residence. Upon receipt of notice of change of address to a new state,
the county sheriff shall promptly forward the information regarding the
change of address to the agency designated by the new state as the
state's offender registration agency.
(b) It is an affirmative defense to a charge that the person failed
to send a notice at least fourteen days in advance of moving as
required under (a) of this subsection that the person did not know the
location of his or her new residence at least fourteen days before
moving. The defendant must establish the defense by a preponderance of
the evidence and, to prevail on the defense, must also prove by a
preponderance that the defendant sent the required notice within
twenty-four hours of determining the new address.
(6)(a) Any person required to register under this section who lacks
a fixed residence shall provide written notice to the sheriff of the
county where he or she last registered within forty-eight hours
excluding weekends and holidays after ceasing to have a fixed
residence. The notice shall include the information required by
subsection (3)(b) of this section, except the photograph and
fingerprints. The county sheriff may, for reasonable cause, require
the offender to provide a photograph and fingerprints. The sheriff
shall forward this information to the sheriff of the county in which
the person intends to reside, if the person intends to reside in
another county.
(b) A person who lacks a fixed residence must report weekly, in
person, to the sheriff of the county where he or she is registered.
The weekly report shall be on a day specified by the county sheriff's
office, and shall occur during normal business hours. The county
sheriff's office may require the person to list the locations where the
person has stayed during the last seven days. The lack of a fixed
residence is a factor that may be considered in determining an
offender's risk level and shall make the offender subject to disclosure
of information to the public at large pursuant to RCW 4.24.550.
(c) If any person required to register pursuant to this section
does not have a fixed residence, it is an affirmative defense to the
charge of failure to register, that he or she provided written notice
to the sheriff of the county where he or she last registered within
forty-eight hours excluding weekends and holidays after ceasing to have
a fixed residence and has subsequently complied with the requirements
of subsections (4)(a)(vii) or (viii) and (6) of this section. To
prevail, the person must prove the defense by a preponderance of the
evidence.
(7) A sex offender subject to registration requirements under this
section who applies to change his or her name under RCW 4.24.130 or any
other law shall submit a copy of the application to the county sheriff
of the county of the person's residence and to the state patrol not
fewer than five days before the entry of an order granting the name
change. No sex offender under the requirement to register under this
section at the time of application shall be granted an order changing
his or her name if the court finds that doing so will interfere with
legitimate law enforcement interests, except that no order shall be
denied when the name change is requested for religious or legitimate
cultural reasons or in recognition of marriage or dissolution of
marriage. A sex offender under the requirement to register under this
section who receives an order changing his or her name shall submit a
copy of the order to the county sheriff of the county of the person's
residence and to the state patrol within five days of the entry of the
order.
(8) The county sheriff shall obtain a photograph of the individual
and shall obtain a copy of the individual's fingerprints.
(9) For the purpose of RCW 9A.44.130, 10.01.200, 43.43.540,
70.48.470, and 72.09.330:
(a) "Sex offense" means:
(i) Any offense defined as a sex offense by RCW 9.94A.030;
(ii) Any violation under RCW 9A.44.096 (sexual misconduct with a
minor in the second degree);
(iii) Any violation under RCW 9.68A.090 (communication with a minor
for immoral purposes);
(iv) Any federal or out-of-state conviction for an offense that
under the laws of this state would be classified as a sex offense under
this subsection; and
(v) Any gross misdemeanor that is, under chapter 9A.28 RCW, a
criminal attempt, criminal solicitation, or criminal conspiracy to
commit an offense that is classified as a sex offense under RCW
9.94A.030 or this subsection.
(b) "Kidnapping offense" means: (i) The crimes of kidnapping in
the first degree, kidnapping in the second degree, and unlawful
imprisonment, as defined in chapter 9A.40 RCW, where the victim is a
minor and the offender is not the minor's parent; (ii) any offense that
is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation,
or criminal conspiracy to commit an offense that is classified as a
kidnapping offense under this subsection (9)(b); and (iii) any federal
or out-of-state conviction for an offense that under the laws of this
state would be classified as a kidnapping offense under this subsection
(9)(b).
(c) "Employed" or "carries on a vocation" means employment that is
full-time or part-time for a period of time exceeding fourteen days, or
for an aggregate period of time exceeding thirty days during any
calendar year. A person is employed or carries on a vocation whether
the person's employment is financially compensated, volunteered, or for
the purpose of government or educational benefit.
(d) "Student" means a person who is enrolled, on a full-time or
part-time basis, in any public or private educational institution. An
educational institution includes any secondary school, trade or
professional institution, or institution of higher education.
(10)(a) A person who knowingly fails to register with the county
sheriff or notify the county sheriff, or who changes his or her name
without notifying the county sheriff and the state patrol, as required
by this section is guilty of a class C felony if the crime for which
the individual was convicted was a felony sex offense as defined in
subsection (9)(a) of this section or a federal or out-of-state
conviction for an offense that under the laws of this state would be a
felony sex offense as defined in subsection (9)(a) of this section.
(b) If the crime for which the individual was convicted was other
than a felony or a federal or out-of-state conviction for an offense
that under the laws of this state would be other than a felony,
violation of this section is a gross misdemeanor.
(11)(a) A person who knowingly fails to register or who moves
within the state without notifying the county sheriff as required by
this section is guilty of a class C felony if the crime for which the
individual was convicted was a felony kidnapping offense as defined in
subsection (9)(b) of this section or a federal or out-of-state
conviction for an offense that under the laws of this state would be a
felony kidnapping offense as defined in subsection (9)(b) of this
section.
(b) If the crime for which the individual was convicted was other
than a felony or a federal or out-of-state conviction for an offense
that under the laws of this state would be other than a felony,
violation of this section is a gross misdemeanor.
Sec. 69 RCW 9A.46.020 and 1999 c 27 s 2 are each amended to read
as follows:
(1) A person is guilty of harassment if:
(a) Without lawful authority, the person knowingly threatens:
(i) To cause bodily injury immediately or in the future to the
person threatened or to any other person; or
(ii) To cause physical damage to the property of a person other
than the actor; or
(iii) To subject the person threatened or any other person to
physical confinement or restraint; or
(iv) Maliciously to do any other act which is intended to
substantially harm the person threatened or another with respect to his
or her physical or mental health or safety; and
(b) The person by words or conduct places the person threatened in
reasonable fear that the threat will be carried out. "Words or
conduct" includes, in addition to any other form of communication or
conduct, the sending of an electronic communication.
(2)(a) Except as provided in (b) of this subsection, a person who
harasses another is guilty of a gross misdemeanor ((punishable under
chapter 9A.20 RCW, except that the person)).
(b) A person who harasses another is guilty of a class C felony if
either of the following applies: (((a))) (i) The person has previously
been convicted in this or any other state of any crime of harassment,
as defined in RCW 9A.46.060, of the same victim or members of the
victim's family or household or any person specifically named in a no-contact or no-harassment order; or (((b))) (ii) the person harasses
another person under subsection (1)(a)(i) of this section by
threatening to kill the person threatened or any other person.
(3) The penalties provided in this section for harassment do not
preclude the victim from seeking any other remedy otherwise available
under law.
Sec. 70 RCW 9A.46.110 and 1999 c 143 s 35 and 1999 c 27 s 3 are
each reenacted and amended to read as follows:
(1) A person commits the crime of stalking if, without lawful
authority and under circumstances not amounting to a felony attempt of
another crime:
(a) He or she intentionally and repeatedly harasses or repeatedly
follows another person; and
(b) The person being harassed or followed is placed in fear that
the stalker intends to injure the person, another person, or property
of the person or of another person. The feeling of fear must be one
that a reasonable person in the same situation would experience under
all the circumstances; and
(c) The stalker either:
(i) Intends to frighten, intimidate, or harass the person; or
(ii) Knows or reasonably should know that the person is afraid,
intimidated, or harassed even if the stalker did not intend to place
the person in fear or intimidate or harass the person.
(2)(a) It is not a defense to the crime of stalking under
subsection (1)(c)(i) of this section that the stalker was not given
actual notice that the person did not want the stalker to contact or
follow the person; and
(b) It is not a defense to the crime of stalking under subsection
(1)(c)(ii) of this section that the stalker did not intend to frighten,
intimidate, or harass the person.
(3) It shall be a defense to the crime of stalking that the
defendant is a licensed private investigator acting within the capacity
of his or her license as provided by chapter 18.165 RCW.
(4) Attempts to contact or follow the person after being given
actual notice that the person does not want to be contacted or followed
constitutes prima facie evidence that the stalker intends to intimidate
or harass the person. "Contact" includes, in addition to any other
form of contact or communication, the sending of an electronic
communication to the person.
(5)(a) Except as provided in (b) of this subsection, a person who
stalks another person is guilty of a gross misdemeanor ((except that
the person)).
(b) A person who stalks another is guilty of a class C felony if
any of the following applies: (((a))) (i) The stalker has previously
been convicted in this state or any other state of any crime of
harassment, as defined in RCW 9A.46.060, of the same victim or members
of the victim's family or household or any person specifically named in
a protective order; (((b))) (ii) the stalking violates any protective
order protecting the person being stalked; (((c))) (iii) the stalker
has previously been convicted of a gross misdemeanor or felony stalking
offense under this section for stalking another person; (((d))) (iv)
the stalker was armed with a deadly weapon, as defined in RCW
9.94A.602, while stalking the person; (((e))) (v) the stalker's victim
is or was a law enforcement officer, judge, juror, attorney, victim
advocate, legislator, or community correction's officer, and the
stalker stalked the victim to retaliate against the victim for an act
the victim performed during the course of official duties or to
influence the victim's performance of official duties; or (((f))) (vi)
the stalker's victim is a current, former, or prospective witness in an
adjudicative proceeding, and the stalker stalked the victim to
retaliate against the victim as a result of the victim's testimony or
potential testimony.
(6) As used in this section:
(a) "Follows" means deliberately maintaining visual or physical
proximity to a specific person over a period of time. A finding that
the alleged stalker repeatedly and deliberately appears at the person's
home, school, place of employment, business, or any other location to
maintain visual or physical proximity to the person is sufficient to
find that the alleged stalker follows the person. It is not necessary
to establish that the alleged stalker follows the person while in
transit from one location to another.
(b) "Harasses" means unlawful harassment as defined in RCW
10.14.020.
(c) "Protective order" means any temporary or permanent court order
prohibiting or limiting violence against, harassment of, contact or
communication with, or physical proximity to another person.
(d) "Repeatedly" means on two or more separate occasions.
Sec. 71 RCW 9A.48.090 and 1996 c 35 s 1 are each amended to read
as follows:
(1) A person is guilty of malicious mischief in the third degree if
he or she:
(a) Knowingly and maliciously causes physical damage to the
property of another, under circumstances not amounting to malicious
mischief in the first or second degree; or
(b) Writes, paints, or draws any inscription, figure, or mark of
any type on any public or private building or other structure or any
real or personal property owned by any other person unless the person
has obtained the express permission of the owner or operator of the
property, under circumstances not amounting to malicious mischief in
the first or second degree.
(2)(a) Malicious mischief in the third degree under subsection
(1)(a) of this section is a gross misdemeanor if the damage to the
property is in an amount exceeding fifty dollars((; otherwise, it is a
misdemeanor)).
(b) Malicious mischief in the third degree under subsection (1)(a)
of this section is a misdemeanor if the damage to the property is fifty
dollars or less.
(c) Malicious mischief in the third degree under subsection (1)(b)
of this section is a gross misdemeanor.
Sec. 72 RCW 9A.56.070 and 2002 c 324 s 1 are each amended to read
as follows:
(1)(((a))) A person is guilty of taking a motor vehicle without
permission in the first degree if he or she, without the permission of
the owner or person entitled to possession, intentionally takes or
drives away an automobile or motor vehicle, whether propelled by steam,
electricity, or internal combustion engine, that is the property of
another, and he or she:
(((i))) (a) Alters the motor vehicle for the purpose of changing
its appearance or primary identification, including obscuring,
removing, or changing the manufacturer's serial number or the vehicle
identification number plates;
(((ii))) (b) Removes, or participates in the removal of, parts from
the motor vehicle with the intent to sell the parts;
(((iii))) (c) Exports, or attempts to export, the motor vehicle
across state lines or out of the United States for profit;
(((iv))) (d) Intends to sell the motor vehicle; or
(((v))) (e) Is engaged in a conspiracy and the central object of
the conspiratorial agreement is the theft of motor vehicles for sale to
others for profit.
(((b))) (2) Taking a motor vehicle without permission in the first
degree is a class B felony.
(((2)(a) A person is guilty of taking a motor vehicle without
permission in the second degree if he or she, without the permission of
the owner or person entitled to possession, intentionally takes or
drives away any automobile or motor vehicle, whether propelled by
steam, electricity, or internal combustion engine, that is the property
of another, or he or she voluntarily rides in or upon the automobile or
motor vehicle with knowledge of the fact that the automobile or motor
vehicle was unlawfully taken.))
(b) Taking a motor vehicle without permission in the second degree
is a class C felony.
NEW SECTION. Sec. 73 A new section is added to chapter 9A.56 RCW
to read as follows:
(1) A person is guilty of taking a motor vehicle without permission
in the second degree if he or she, without the permission of the owner
or person entitled to possession, intentionally takes or drives away
any automobile or motor vehicle, whether propelled by steam,
electricity, or internal combustion engine, that is the property of
another, or he or she voluntarily rides in or upon the automobile or
motor vehicle with knowledge of the fact that the automobile or motor
vehicle was unlawfully taken.
(2) Taking a motor vehicle without permission in the second degree
is a class C felony.
Sec. 74 RCW 9A.56.080 and 1986 c 257 s 32 are each amended to
read as follows:
(1) Every person who, with intent to sell or exchange and to
deprive or defraud the lawful owner thereof, willfully takes, leads, or
transports away, conceals, withholds, slaughters, or otherwise
appropriates any horse, mule, cow, heifer, bull, steer, swine, or sheep
is guilty of theft of livestock in the first degree.
(2) ((A person who commits what would otherwise be theft of
livestock in the first degree but without intent to sell or exchange,
and for the person's own use only, is guilty of theft of livestock in
the second degree.)) Theft of livestock in the first degree is a class B felony.
(3)
(((4) Theft of livestock in the second degree is a class C
felony.))
NEW SECTION. Sec. 75 A new section is added to chapter 9A.56 RCW
to read as follows:
(1) A person who commits what would otherwise be theft of livestock
in the first degree but without intent to sell or exchange, and for the
person's own use only, is guilty of theft of livestock in the second
degree.
(2) Theft of livestock in the second degree is a class C felony.
Sec. 76 RCW 9A.56.085 and 1989 c 131 s 1 are each amended to read
as follows:
(1) Whenever a person is convicted of a violation of RCW 9A.56.080
or section 75 of this act, the convicting court shall order the person
to pay the amount of two thousand dollars for each animal killed or
possessed.
(2) For the purpose of this section, the term "convicted" includes
a plea of guilty, a finding of guilt regardless of whether the
imposition of the sentence is deferred or any part of the penalty is
suspended, or the levying of a fine.
(3) If two or more persons are convicted of any violation of this
section, the amount required under this section shall be imposed upon
them jointly and severally.
(4) The fine in this section shall be imposed in addition to and
regardless of any penalty, including fines or costs, that is provided
for any violation of this section. The amount imposed by this section
shall be included by the court in any pronouncement of sentence and may
not be suspended, waived, modified, or deferred in any respect.
Nothing in this section may be construed to abridge or alter
alternative rights of action or remedies in equity or under common law
or statutory law, criminal or civil.
(5) A defaulted payment or any installment payment may be collected
by any means authorized by law for the enforcement of orders of the
court or collection of a fine or costs, including vacation of a
deferral of sentencing or of a suspension of sentence.
(6) The two thousand dollars additional penalty shall be remitted
by the county treasurer to the state treasurer as provided under RCW
10.82.070.
Sec. 77 RCW 9A.56.096 and 1997 c 346 s 1 are each amended to read
as follows:
(1) A person who, with intent to deprive the owner or owner's
agent, wrongfully obtains, or exerts unauthorized control over, or by
color or aid of deception gains control of personal property that is
rented or leased to the person, is guilty of theft of rental, leased,
or lease-purchased property.
(2) The finder of fact may presume intent to deprive if the finder
of fact finds either of the following:
(a) That the person who rented or leased the property failed to
return or make arrangements acceptable to the owner of the property or
the owner's agent to return the property to the owner or the owner's
agent within seventy-two hours after receipt of proper notice following
the due date of the rental, lease, or lease-purchase agreement; or
(b) That the renter or lessee presented identification to the owner
or the owner's agent that was materially false, fictitious, or not
current with respect to name, address, place of employment, or other
appropriate items.
(3) As used in subsection (2) of this section, "proper notice"
consists of a written demand by the owner or the owner's agent made
after the due date of the rental, lease, or lease-purchase period,
mailed by certified or registered mail to the renter or lessee at: (a)
The address the renter or lessee gave when the contract was made; or
(b) the renter or lessee's last known address if later furnished in
writing by the renter, lessee, or the agent of the renter or lessee.
(4) The replacement value of the property obtained must be utilized
in determining the amount involved in the theft of rental, leased, or
lease-purchased property.
(5)(a) Theft of rental, leased, or lease-purchased property is
a((:)) class B felony if the rental, leased, or lease-purchased
property is valued at one thousand five hundred dollars or more((;)).
(b) Theft of rental, leased, or lease-purchased property is a class
C felony if the rental, leased, or lease-purchased property is valued
at two hundred fifty dollars or more but less than one thousand five
hundred dollars((; and)).
(c) Theft of rental, leased, or lease-purchased property is a gross
misdemeanor if the rental, leased, or lease-purchased property is
valued at less than two hundred fifty dollars.
(((5))) (6) This section applies to rental agreements that provide
that the renter may return the property any time within the rental
period and pay only for the time the renter actually retained the
property, in addition to any minimum rental fee, to lease agreements,
and to lease-purchase agreements as defined under RCW 63.19.010. This
section does not apply to rental or leasing of real property under the
residential landlord-tenant act, chapter 59.18 RCW.
Sec. 78 RCW 9A.60.040 and 1993 c 457 s 1 are each amended to read
as follows:
(1) A person is guilty of criminal impersonation in the first
degree if the person:
(a) Assumes a false identity and does an act in his or her assumed
character with intent to defraud another or for any other unlawful
purpose; or
(b) Pretends to be a representative of some person or organization
or a public servant and does an act in his or her pretended capacity
with intent to defraud another or for any other unlawful purpose.
(2) Criminal impersonation in the first degree is a gross
misdemeanor.
(((3) A person is guilty of criminal impersonation in the second
degree if the person:))
(a) Claims to be a law enforcement officer or creates an impression
that he or she is a law enforcement officer; and
(b) Under circumstances not amounting to criminal impersonation in
the first degree, does an act with intent to convey the impression that
he or she is acting in an official capacity and a reasonable person
would believe the person is a law enforcement officer.
(4) Criminal impersonation in the second degree is a misdemeanor.
NEW SECTION. Sec. 79 A new section is added to chapter 9A.60 RCW
to read as follows:
(1) A person is guilty of criminal impersonation in the second
degree if the person:
(a) Claims to be a law enforcement officer or creates an impression
that he or she is a law enforcement officer; and
(b) Under circumstances not amounting to criminal impersonation in
the first degree, does an act with intent to convey the impression that
he or she is acting in an official capacity and a reasonable person
would believe the person is a law enforcement officer.
(2) Criminal impersonation in the second degree is a misdemeanor.
Sec. 80 RCW 9A.64.020 and 1999 c 143 s 39 are each amended to
read as follows:
(1)(a) A person is guilty of incest in the first degree if he or
she engages in sexual intercourse with a person whom he or she knows to
be related to him or her, either legitimately or illegitimately, as an
ancestor, descendant, brother, or sister of either the whole or the
half blood.
(b) Incest in the first degree is a class B felony.
(2)(a) A person is guilty of incest in the second degree if he or
she engages in sexual contact with a person whom he or she knows to be
related to him or her, either legitimately or illegitimately, as an
ancestor, descendant, brother, or sister of either the whole or the
half blood.
(b) Incest in the second degree is a class C felony.
(3) As used in this section((,)):
(a) "Descendant" includes stepchildren and adopted children under
eighteen years of age((.));
(4) As used in this section,
(b) "Sexual contact" has the same meaning as in RCW 9A.44.010((.)); and
(5) As used in this section,
(c) "Sexual intercourse" has the same meaning as in RCW 9A.44.010.
(((6) Incest in the first degree is a class B felony.))
(7) Incest in the second degree is a class C felony.
Sec. 81 RCW 9A.64.030 and 1985 c 7 s 3 are each amended to read
as follows:
(1) It is unlawful for any person to sell or purchase a minor
child.
(2) A transaction shall not be a purchase or sale under subsection
(1) of this section if any of the following exists:
(a) The transaction is between the parents of the minor child; or
(b) The transaction is between a person receiving or to receive the
child and an agency recognized under RCW 26.33.020; or
(c) The transaction is between the person receiving or to receive
the child and a state agency or other governmental agency; or
(d) The transaction is pursuant to chapter 26.34 RCW; or
(e) The transaction is pursuant to court order; or
(f) The only consideration paid by the person receiving or to
receive the child is intended to pay for the prenatal hospital or
medical expenses involved in the birth of the child, or attorneys' fees
and court costs involved in effectuating transfer of child custody.
(3)(a) Child selling is a class C felony ((and)).
(b) Child buying is a class C felony.
Sec. 82 RCW 9A.76.023 and 1998 c 252 s 1 are each amended to read
as follows:
(1) A person is guilty of disarming a law enforcement officer if
with intent to interfere with the performance of the officer's duties
the person knowingly removes a firearm or weapon from the person of a
law enforcement officer or corrections officer or deprives a law
enforcement officer or corrections officer of the use of a firearm or
weapon, when the officer is acting within the scope of the officer's
duties, does not consent to the removal, and the person has reasonable
cause to know or knows that the individual is a law enforcement or
corrections officer.
(2)(a) Except as provided in (b) of this subsection, disarming a
law enforcement or corrections officer is a class C felony ((unless)).
(b) Disarming a law enforcement or corrections officer is a class
B felony if the firearm involved is discharged when the person removes
the firearm((, in which case the offense is a class B felony)).
Sec. 83 RCW 9A.76.070 and 1982 1st ex.s. c 47 s 21 are each
amended to read as follows:
(1) A person is guilty of rendering criminal assistance in the
first degree if he or she renders criminal assistance to a person who
has committed or is being sought for murder in the first degree or any
class A felony or equivalent juvenile offense.
(2)(a) Except as provided in (b) of this subsection, rendering
criminal assistance in the first degree is((:)) a class C felony.
(((a))) (b) Rendering criminal assistance in the first degree is a
gross misdemeanor if it is established by a preponderance of the
evidence that the actor is a relative as defined in RCW 9A.76.060((;)).
(b) A class C felony in all other cases
Sec. 84 RCW 9A.76.080 and 1982 1st ex.s. c 47 s 22 are each
amended to read as follows:
(1) A person is guilty of rendering criminal assistance in the
second degree if he or she renders criminal assistance to a person who
has committed or is being sought for a class B or class C felony or an
equivalent juvenile offense or to someone being sought for violation of
parole, probation, or community supervision.
(2)(a) Except as provided in (b) of this subsection, rendering
criminal assistance in the second degree is((:)) a gross misdemeanor.
(((a))) (b) Rendering criminal assistance in the second degree is
a misdemeanor if it is established by a preponderance of the evidence
that the actor is a relative as defined in RCW 9A.76.060((;)).
(b) A gross misdemeanor in all other cases
Sec. 85 RCW 9A.82.010 and 2001 c 222 s 3 and 2001 c 217 s 11 are
each reenacted and 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, and section 75 of this act;
(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;
(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. 86 RCW 9A.82.050 and 2001 c 222 s 8 are each amended to read
as follows:
(1) ((A person who recklessly traffics in stolen property is guilty
of trafficking in stolen property in the second degree.)) A person who knowingly initiates, organizes, plans, finances,
directs, manages, or supervises the theft of property for sale to
others, or who knowingly traffics in stolen property, is guilty of
trafficking in stolen property in the first degree.
(2)
(((3) Trafficking in stolen property in the second degree is a
class C felony.))
(2) Trafficking in stolen property in the first degree is a class
B felony.
NEW SECTION. Sec. 87 A new section is added to chapter 9A.82 RCW
to read as follows:
(1) A person who recklessly traffics in stolen property is guilty
of trafficking in stolen property in the second degree.
(2) Trafficking in stolen property in the second degree is a class
C felony.
Sec. 88 RCW 9A.82.060 and 2001 c 222 s 9 are each amended to read
as follows:
(1) A person commits the offense of leading organized crime by:
(a) Intentionally organizing, managing, directing, supervising, or
financing any three or more persons with the intent to engage in a
pattern of criminal profiteering activity; or
(b) Intentionally inciting or inducing others to engage in violence
or intimidation with the intent to further or promote the
accomplishment of a pattern of criminal profiteering activity.
(2)(a) Leading organized crime as defined in subsection (1)(a) of
this section is a class A felony((, and)).
(b) Leading organized crime as defined in subsection (1)(b) of this
section is a class B felony.
Sec. 89 RCW 9A.82.080 and 2001 c 222 s 11 are each amended to
read as follows:
(1)(a) It is unlawful for a person who has knowingly received any
of the proceeds derived, directly or indirectly, from a pattern of
criminal profiteering activity to use or invest, whether directly or
indirectly, any part of the proceeds, or the proceeds derived from the
investment or use thereof, in the acquisition of any title to, or any
right, interest, or equity in, real property or in the establishment or
operation of any enterprise.
(b) A violation of this subsection is a class B felony.
(2)(a) It is unlawful for a person knowingly to acquire or
maintain, directly or indirectly, any interest in or control of any
enterprise or real property through a pattern of criminal profiteering
activity.
(b) A violation of this subsection is a class B felony.
(3)(a) It is unlawful for a person knowingly to conspire or attempt
to violate subsection (1) or (2) of this section.
(((4) A violation of subsection (1) or (2) of this section is a
class B felony.))
(b) A violation of this subsection (((3) of this section)) is a
class C felony.
Sec. 90 RCW 9A.82.160 and 2001 c 222 s 20 are each amended to
read as follows:
(1) A trustee who knowingly fails to comply with RCW 9A.82.130(1)
is guilty of a gross misdemeanor.
(2) A trustee who conveys title to real property after service of
the notice as provided in RCW 9A.82.130(1) with the intent to evade the
provisions of RCW 9A.82.100 or 9A.82.120 with respect to such property
is guilty of a class C felony.
Sec. 91 RCW 9A.84.010 and 1975 1st ex.s. c 260 s 9A.84.010 are
each amended to read as follows:
(1) A person is guilty of the crime of riot if, acting with three
or more other persons, he or she knowingly and unlawfully uses or
threatens to use force, or in any way participates in the use of such
force, against any other person or against property.
(2)(a) Except as provided in (b) of this subsection, the crime of
riot is a gross misdemeanor.
(b) The crime of riot is((:)) a class C felony((
(a),)) if the actor is armed with a deadly
weapon((;)).
(b) A gross misdemeanor in all other cases
Sec. 92 RCW 9A.88.010 and 2001 c 88 s 2 are each amended to read
as follows:
(1) A person is guilty of indecent exposure if he or she
intentionally makes any open and obscene exposure of his or her person
or the person of another knowing that such conduct is likely to cause
reasonable affront or alarm. The act of breastfeeding or expressing
breast milk is not indecent exposure.
(2)(a) Except as provided in (b) and (c) of this subsection,
indecent exposure is a misdemeanor ((unless such)).
(b) Indecent exposure is a gross misdemeanor on the first offense
if the person exposes himself or herself to a person under the age of
fourteen years ((in which case indecent exposure is a gross misdemeanor
on the first offense and, if such)).
(c) Indecent exposure is a class C felony if the person has
previously been convicted under this ((subsection)) section or of a sex
offense as defined in RCW 9.94A.030((, then such person is guilty of a
class C felony punishable under chapter 9A.20 RCW)).
Sec. 93 RCW 10.66.090 and 1989 c 271 s 223 are each amended to
read as follows:
(1) ((Any)) A person who willfully disobeys an off-limits order
issued under this chapter ((shall be)) is guilty of a gross
misdemeanor.
(2) ((Any person who)) A person is guilty of a class C felony
punishable according to chapter 9A.20 RCW if the person willfully
disobeys an off-limits order in violation of the terms of the order and
((who)) also either:
(a) Enters or remains in a PADT area that is within one thousand
feet of any school; or
(b) Is convicted of a second or subsequent violation of this
chapter((, is guilty of a class C felony)).
Sec. 94 RCW 10.79.015 and 1980 c 52 s 1 are each amended to read
as follows:
Any such magistrate, when satisfied that there is reasonable cause,
may also, upon like complaint made on oath, issue search warrant in the
following cases, to wit:
(1) To search for and seize any counterfeit or spurious coin, or
forged instruments, or tools, machines or materials, prepared or
provided for making either of them.
(2) To search for and seize any gaming apparatus used or kept, and
to be used in any unlawful gaming house, or in any building, apartment
or place, resorted to for the purpose of unlawful gaming.
(3) To search for and seize any evidence material to the
investigation or prosecution of any homicide or any felony: PROVIDED,
That if the evidence is sought to be secured from any radio or
television station or from any regularly published newspaper, magazine
or wire service, or from any employee of such station, wire service or
publication, the evidence shall be secured only through a subpoena
duces tecum unless: (a) There is probable cause to believe that the
person or persons in possession of the evidence may be involved in the
crime under investigation; or (b) there is probable cause to believe
that the evidence sought to be seized will be destroyed or hidden if
subpoena duces tecum procedures are followed. As used in this
subsection, "person or persons" includes both natural and judicial
persons.
(4) To search for and seize any instrument, apparatus or device
used to obtain telephone or telegraph service in violation of RCW
((9.45.240)) 9.26A.110 or section 21 of this act.
Sec. 95 RCW 10.79.040 and 1921 c 71 s 1 are each amended to read
as follows:
(1) It shall be unlawful for any policeman or other peace officer
to enter and search any private dwelling house or place of residence
without the authority of a search warrant issued upon a complaint as by
law provided.
(2) Any policeman or other peace officer violating the provisions
of this section is guilty of a gross misdemeanor.
Sec. 96 RCW 10.95.020 and 1998 c 305 s 1 are each amended to read
as follows:
A person is guilty of aggravated first degree murder, a class A
felony, 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) 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) 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) 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) 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) 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) 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) 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) The victim was:
(a) 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) The murder was related to the exercise of official duties
performed or to be performed by the victim;
(9) 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) 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) The murder was committed in the course of, in furtherance of,
or in immediate flight from one of the following crimes:
(a) Robbery in the first or second degree;
(b) Rape in the first or second degree;
(c) Burglary in the first or second degree or residential burglary;
(d) Kidnapping in the first degree; or
(e) Arson in the first degree;
(12) 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) 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) 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) Harassment as defined in RCW 9A.46.020; or
(b) Any criminal assault.
Sec. 97 RCW 13.40.0357 and 2002 c 324 s 3 and 2002 c 175 s 20 are
each reenacted and amended to read as follows:
| DESCRIPTION AND OFFENSE CATEGORY | ||||
| JUVENILE DISPOSITION OFFENSE CATEGORY | DESCRIPTION (RCW CITATION) | JUVENILE DISPOSITION CATEGORY FOR ATTEMPT, BAILJUMP, CONSPIRACY, 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 (( | E | ||
| E | Malicious Mischief 3 (9A.48.090(2)(b) | E | ||
| E | Tampering with Fire Alarm Apparatus (9.40.100) | E | ||
| E | Tampering with Fire Alarm Apparatus with Intent to Commit Arson (section 24 of this act) | 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(2)(a)) | D+ | ||
| E | Possession of Legend Drug (69.41.030(2)(b)) | E | ||
| B+ | Violation of Uniform Controlled
Substances Act - Narcotic,
Methamphetamine, or Flunitrazepam Sale
(69.50.401(( | B+ | ||
| C | Violation of Uniform Controlled
Substances Act - Nonnarcotic Sale
(69.50.401(( | C | ||
| E | Possession of Marihuana <40 grams
((( | 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 ((( | B | ||
| C | Violation of Uniform Controlled
Substances Act - Nonnarcotic Counterfeit
Substances ((( | C | ||
| C | Violation of Uniform Controlled
Substances Act - Possession of a Controlled
Substance ((( | C | ||
| C | Violation of Uniform Controlled
Substances Act - Possession of a Controlled
Substance ((( | 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(( | 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(2)(b)) | D+ | ||
| D+ | Riot Without Weapon (9A.84.010(2)(a)) | 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 1 and 2 (9A.56.080 and section 75 of this act) | 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)(( | D | ||
| D | Identity Theft 2 (9.35.020(( | E | ||
| D | Improperly Obtaining Financial Information (9.35.010) | 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 Permission
1 and 2 (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 | ||
| 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 Restitution | ||||||||||
| D | LS | $0 to $500 Fine | ||||||||
| E | LS | |||||||||
| 0 | 1 | 2 | 3 | 4 or more | ||||||
| PRIOR ADJUDICATIONS | ||||||||||
Sec. 98 RCW 13.40.070 and 2001 c 175 s 2 are each amended to read
as follows:
(1) Complaints referred to the juvenile court alleging the
commission of an offense shall be referred directly to the prosecutor.
The prosecutor, upon receipt of a complaint, shall screen the complaint
to determine whether:
(a) The alleged facts bring the case within the jurisdiction of the
court; and
(b) On a basis of available evidence there is probable cause to
believe that the juvenile did commit the offense.
(2) If the identical alleged acts constitute an offense under both
the law of this state and an ordinance of any city or county of this
state, state law shall govern the prosecutor's screening and charging
decision for both filed and diverted cases.
(3) If the requirements of subsections (1)(a) and (b) of this
section are met, the prosecutor shall either file an information in
juvenile court or divert the case, as set forth in subsections (5),
(6), and (7) of this section. If the prosecutor finds that the
requirements of subsection (1)(a) and (b) of this section are not met,
the prosecutor shall maintain a record, for one year, of such decision
and the reasons therefor. In lieu of filing an information or
diverting an offense a prosecutor may file a motion to modify community
supervision where such offense constitutes a violation of community
supervision.
(4) An information shall be a plain, concise, and definite written
statement of the essential facts constituting the offense charged. It
shall be signed by the prosecuting attorney and conform to chapter
10.37 RCW.
(5) Where a case is legally sufficient, the prosecutor shall file
an information with the juvenile court if:
(a) An alleged offender is accused of a class A felony, a class B
felony, an attempt to commit a class B felony, a class C felony listed
in RCW 9.94A.411(2) as a crime against persons or listed in RCW
9A.46.060 as a crime of harassment, or a class C felony that is a
violation of RCW 9.41.080 or 9.41.040(((1)(b))) (2)(a)(iii); or
(b) An alleged offender is accused of a felony and has a criminal
history of any felony, or at least two gross misdemeanors, or at least
two misdemeanors; or
(c) An alleged offender has previously been committed to the
department; or
(d) An alleged offender has been referred by a diversion unit for
prosecution or desires prosecution instead of diversion; or
(e) An alleged offender has two or more diversion agreements on the
alleged offender's criminal history; or
(f) A special allegation has been filed that the offender or an
accomplice was armed with a firearm when the offense was committed.
(6) Where a case is legally sufficient the prosecutor shall divert
the case if the alleged offense is a misdemeanor or gross misdemeanor
or violation and the alleged offense is the offender's first offense or
violation. If the alleged offender is charged with a related offense
that must or may be filed under subsections (5) and (7) of this
section, a case under this subsection may also be filed.
(7) Where a case is legally sufficient and falls into neither
subsection (5) nor (6) of this section, it may be filed or diverted.
In deciding whether to file or divert an offense under this section the
prosecutor shall be guided only by the length, seriousness, and recency
of the alleged offender's criminal history and the circumstances
surrounding the commission of the alleged offense.
(8) Whenever a juvenile is placed in custody or, where not placed
in custody, referred to a diversion interview, the parent or legal
guardian of the juvenile shall be notified as soon as possible
concerning the allegation made against the juvenile and the current
status of the juvenile. Where a case involves victims of crimes
against persons or victims whose property has not been recovered at the
time a juvenile is referred to a diversion unit, the victim shall be
notified of the referral and informed how to contact the unit.
(9) The responsibilities of the prosecutor under subsections (1)
through (8) of this section may be performed by a juvenile court
probation counselor for any complaint referred to the court alleging
the commission of an offense which would not be a felony if committed
by an adult, if the prosecutor has given sufficient written notice to
the juvenile court that the prosecutor will not review such complaints.
(10) The prosecutor, juvenile court probation counselor, or
diversion unit may, in exercising their authority under this section or
RCW 13.40.080, refer juveniles to mediation or victim offender
reconciliation programs. Such mediation or victim offender
reconciliation programs shall be voluntary for victims.
Sec. 99 RCW 13.40.160 and 2002 c 175 s 22 are each amended to
read as follows:
(1) The standard range disposition for a juvenile adjudicated of an
offense is determined according to RCW 13.40.0357.
(a) When the court sentences an offender to a local sanction as
provided in RCW 13.40.0357 option A, the court shall impose a
determinate disposition within the standard ranges, except as provided
in subsections (2), (3), and (4) of this section. The disposition may
be comprised of one or more local sanctions.
(b) When the court sentences an offender to a standard range as
provided in RCW 13.40.0357 option A that includes a term of confinement
exceeding thirty days, commitment shall be to the department for the
standard range of confinement, except as provided in subsections (2),
(3), and (4) of this section.
(2) If the court concludes, and enters reasons for its conclusion,
that disposition within the standard range would effectuate a manifest
injustice the court shall impose a disposition outside the standard
range, as indicated in option C of RCW 13.40.0357. The court's finding
of manifest injustice shall be supported by clear and convincing
evidence.
A disposition outside the standard range shall be determinate and
shall be comprised of confinement or community supervision, or a
combination thereof. When a judge finds a manifest injustice and
imposes a sentence of confinement exceeding thirty days, the court
shall sentence the juvenile to a maximum term, and the provisions of
RCW 13.40.030(2) shall be used to determine the range. A disposition
outside the standard range is appealable under RCW 13.40.230 by the
state or the respondent. A disposition within the standard range is
not appealable under RCW 13.40.230.
(3) When a juvenile offender is found to have committed a sex
offense, other than a sex offense that is also a serious violent
offense as defined by RCW 9.94A.030, and has no history of a prior sex
offense, the court, on its own motion or the motion of the state or the
respondent, may order an examination to determine whether the
respondent is amenable to treatment.
The report of the examination shall include at a minimum the
following: The respondent's version of the facts and the official
version of the facts, the respondent's offense history, an assessment
of problems in addition to alleged deviant behaviors, the respondent's
social, educational, and employment situation, and other evaluation
measures used. The report shall set forth the sources of the
evaluator's information.
The examiner shall assess and report regarding the respondent's
amenability to treatment and relative risk to the community. A
proposed treatment plan shall be provided and shall include, at a
minimum:
(a)(i) Frequency and type of contact between the offender and
therapist;
(ii) Specific issues to be addressed in the treatment and
description of planned treatment modalities;
(iii) Monitoring plans, including any requirements regarding living
conditions, lifestyle requirements, and monitoring by family members,
legal guardians, or others;
(iv) Anticipated length of treatment; and
(v) Recommended crime-related prohibitions.
The court on its own motion may order, or on a motion by the state
shall order, a second examination regarding the offender's amenability
to treatment. The evaluator shall be selected by the party making the
motion. The defendant shall pay the cost of any second examination
ordered unless the court finds the defendant to be indigent in which
case the state shall pay the cost.
After receipt of reports of the examination, the court shall then
consider whether the offender and the community will benefit from use
of this special sex offender disposition alternative and consider the
victim's opinion whether the offender should receive a treatment
disposition under this section. If the court determines that this
special sex offender disposition alternative is appropriate, then the
court shall impose a determinate disposition within the standard range
for the offense, or if the court concludes, and enters reasons for its
conclusions, that such disposition would cause a manifest injustice,
the court shall impose a disposition under option C, and the court may
suspend the execution of the disposition and place the offender on
community supervision for at least two years. As a condition of the
suspended disposition, the court may impose the conditions of community
supervision and other conditions, including up to thirty days of
confinement and requirements that the offender do any one or more of
the following:
(b)(i) Devote time to a specific education, employment, or
occupation;
(ii) Undergo available outpatient sex offender treatment for up to
two years, or inpatient sex offender treatment not to exceed the
standard range of confinement for that offense. A community mental
health center may not be used for such treatment unless it has an
appropriate program designed for sex offender treatment. The
respondent shall not change sex offender treatment providers or
treatment conditions without first notifying the prosecutor, the
probation counselor, and the court, and shall not change providers
without court approval after a hearing if the prosecutor or probation
counselor object to the change;
(iii) Remain within prescribed geographical boundaries and notify
the court or the probation counselor prior to any change in the
offender's address, educational program, or employment;
(iv) Report to the prosecutor and the probation counselor prior to
any change in a sex offender treatment provider. This change shall
have prior approval by the court;
(v) Report as directed to the court and a probation counselor;
(vi) Pay all court-ordered legal financial obligations, perform
community restitution, or any combination thereof;
(vii) Make restitution to the victim for the cost of any counseling
reasonably related to the offense;
(viii) Comply with the conditions of any court-ordered probation
bond; or
(ix) The court shall order that the offender may not attend the
public or approved private elementary, middle, or high school attended
by the victim or the victim's siblings. The parents or legal guardians
of the offender are responsible for transportation or other costs
associated with the offender's change of school that would otherwise be
paid by the school district. The court shall send notice of the
disposition and restriction on attending the same school as the victim
or victim's siblings to the public or approved private school the
juvenile will attend, if known, or if unknown, to the approved private
schools and the public school district board of directors of the
district in which the juvenile resides or intends to reside. This
notice must be sent at the earliest possible date but not later than
ten calendar days after entry of the disposition.
The sex offender treatment provider shall submit quarterly reports
on the respondent's progress in treatment to the court and the parties.
The reports shall reference the treatment plan and include at a minimum
the following: Dates of attendance, respondent's compliance with
requirements, treatment activities, the respondent's relative progress
in treatment, and any other material specified by the court at the time
of the disposition.
At the time of the disposition, the court may set treatment review
hearings as the court considers appropriate.
Except as provided in this subsection (3), after July 1, 1991,
examinations and treatment ordered pursuant to this subsection shall
only be conducted by sex offender treatment providers certified by the
department of health pursuant to chapter 18.155 RCW. A sex offender
therapist who examines or treats a juvenile sex offender pursuant to
this subsection does not have to be certified by the department of
health pursuant to chapter 18.155 RCW if the court finds that: (A) The
offender has already moved to another state or plans to move to another
state for reasons other than circumventing the certification
requirements; (B) no certified providers are available for treatment
within a reasonable geographical distance of the offender's home; and
(C) the evaluation and treatment plan comply with this subsection (3)
and the rules adopted by the department of health.
If the offender violates any condition of the disposition or the
court finds that the respondent is failing to make satisfactory
progress in treatment, the court may revoke the suspension and order
execution of the disposition or the court may impose a penalty of up to
thirty days' confinement for violating conditions of the disposition.
The court may order both execution of the disposition and up to thirty
days' confinement for the violation of the conditions of the
disposition. The court shall give credit for any confinement time
previously served if that confinement was for the offense for which the
suspension is being revoked.
For purposes of this section, "victim" means any person who has
sustained emotional, psychological, physical, or financial injury to
person or property as a direct result of the crime charged. "Victim"
may also include a known parent or guardian of a victim who is a minor
child unless the parent or guardian is the perpetrator of the offense.
A disposition entered under this subsection (3) is not appealable
under RCW 13.40.230.
(4) 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 the disposition
alternative under RCW 13.40.165.
(5) RCW 13.40.193 shall govern the disposition of any juvenile
adjudicated of possessing a firearm in violation of RCW
9.41.040(((1)(b))) (2)(a)(iii) or any crime in which a special finding
is entered that the juvenile was armed with a firearm.
(6) Whenever a juvenile offender is entitled to credit for time
spent in detention prior to a dispositional order, the dispositional
order shall specifically state the number of days of credit for time
served.
(7) Except as provided under subsection (3) or (4) of this section
or RCW 13.40.127, the court shall not suspend or defer the imposition
or the execution of the disposition.
(8) In no case shall the term of confinement imposed by the court
at disposition exceed that to which an adult could be subjected for the
same offense.
Sec. 100 RCW 13.40.193 and 1997 c 338 s 30 are each amended to
read as follows:
(1) If a respondent is found to have been in possession of a
firearm in violation of RCW 9.41.040(((1)(b))) (2)(a)(iii), the court
shall impose a minimum disposition of ten days of confinement. If the
offender's standard range of disposition for the offense as indicated
in RCW 13.40.0357 is more than thirty days of confinement, the court
shall commit the offender to the department for the standard range
disposition. The offender shall not be released until the offender has
served a minimum of ten days in confinement.
(2) If the court finds that the respondent or an accomplice was
armed with a firearm, the court shall determine the standard range
disposition for the offense pursuant to RCW 13.40.160. If the
offender or an accomplice was armed with a firearm when the offender
committed any felony other than possession of a machine gun, possession
of a stolen firearm, drive-by shooting, theft of a firearm, unlawful
possession of a firearm in the first and second degree, or use of a
machine gun in a felony, the following periods of total confinement
must be added to the sentence: For a class A felony, six months; for
a class B felony, four months; and for a class C felony, two months.
The additional time shall be imposed regardless of the offense's
juvenile disposition offense category as designated in RCW 13.40.0357.
(3) When a disposition under this section would effectuate a
manifest injustice, the court may impose another disposition. When a
judge finds a manifest injustice and imposes a disposition of
confinement exceeding thirty days, the court shall commit the juvenile
to a maximum term, and the provisions of RCW 13.40.030(2) shall be used
to determine the range. When a judge finds a manifest injustice and
imposes a disposition of confinement less than thirty days, the
disposition shall be comprised of confinement or community supervision
or both.
(4) Any term of confinement ordered pursuant to this section shall
run consecutively to any term of confinement imposed in the same
disposition for other offenses.
Sec. 101 RCW 13.40.265 and 1997 c 338 s 37 are each amended to
read as follows:
(1)(a) If a juvenile thirteen years of age or older is found by
juvenile court to have committed an offense while armed with a firearm
or an offense that is a violation of RCW 9.41.040(((1)(b))) (2)(a)(iii)
or chapter 66.44, 69.41, 69.50, or 69.52 RCW, the court shall notify
the department of licensing within twenty-four hours after entry of the
judgment.
(b) Except as otherwise provided in (c) of this subsection, upon
petition of a juvenile who has been found by the court to have
committed an offense that is a violation of chapter 66.44, 69.41,
69.50, or 69.52 RCW, the court may at any time the court deems
appropriate notify the department of licensing that the juvenile's
driving privileges should be reinstated.
(c) If the offense is the juvenile's first violation of chapter
66.44, 69.41, 69.50, or 69.52 RCW, the juvenile may not petition the
court for reinstatement of the juvenile's privilege to drive revoked
pursuant to RCW 46.20.265 until ninety days after the date the juvenile
turns sixteen or ninety days after the judgment was entered, whichever
is later. If the offense is the juvenile's second or subsequent
violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the juvenile
may not petition the court for reinstatement of the juvenile's
privilege to drive revoked pursuant to RCW 46.20.265 until the date the
juvenile turns seventeen or one year after the date judgment was
entered, whichever is later.
(2)(a) If a juvenile enters into a diversion agreement with a
diversion unit pursuant to RCW 13.40.080 concerning an offense that is
a violation of chapter 66.44, 69.41, 69.50, or 69.52 RCW, the diversion
unit shall notify the department of licensing within twenty-four hours
after the diversion agreement is signed.
(b) If a diversion unit has notified the department pursuant to (a)
of this subsection, the diversion unit shall notify the department of
licensing when the juvenile has completed the agreement.
Sec. 102 RCW 14.20.020 and 1993 c 208 s 2 are each amended to
read as follows:
(1) It is unlawful for a person to act as an aircraft dealer
without a currently valid aircraft dealer's license issued under this
chapter.
(2)(a) Except as provided in (b) of this subsection, a person
acting as an aircraft dealer without a currently issued aircraft
dealer's license is guilty of a misdemeanor and shall be punished by
either a fine of not more than one thousand dollars or by imprisonment
for not more than ninety days, or both.
(b) A person convicted on a second or subsequent conviction within
a five-year period is guilty of a gross misdemeanor and shall be
punished by either a fine of not more than five thousand dollars or by
imprisonment for not more than one year, or both.
(3) In addition to, or in lieu of, the penalties provided in this
section, or as a condition to the suspension of a sentence that may be
imposed under this section, the court in its discretion may prohibit
the violator from acting as an aircraft dealer within the state for
such a period as it may determine but not to exceed one year.
Violation of the duly imposed prohibition of the court may be treated
as a separate offense under this section or as contempt of court.
(((2))) (4) Any person applying for an aircraft dealer's license
shall do so at the office of the secretary on a form provided for that
purpose by the secretary.
Sec. 103 RCW 15.21.060 and 1965 c 61 s 6 are each amended to read
as follows:
(1) Except as provided in subsection (2) of this section, any
person violating the provisions of this chapter is guilty of a
misdemeanor ((and guilty of a gross misdemeanor for any)).
(2) A second ((and)) or subsequent ((offense: PROVIDED, That))
violation is a gross misdemeanor. Any offense committed more than five
years after a previous conviction shall be considered a first offense.
Sec. 104 RCW 15.24.200 and 1961 c 11 s 15.24.200 are each amended
to read as follows:
(1) Any person who violates or aids in the violation of any
provision of this chapter ((shall be)) is guilty of a gross
misdemeanor((, and)).
(2) Any person who violates or aids in the violation of any rule or
regulation of the commission ((shall be)) is guilty of a misdemeanor.
Sec. 105 RCW 15.26.300 and 1969 c 129 s 30 are each amended to
read as follows:
(1) Except as provided in subsection (2) of this section, any
person violating any provision of this chapter or any rule or
regulation adopted hereunder ((shall be)) is guilty of a misdemeanor
((and guilty of a gross misdemeanor for any)).
(2) A second ((and)) or subsequent violation((: PROVIDED, That))
is a gross misdemeanor. Any offense committed more than five years
after a previous conviction shall be considered a first offense.
Sec. 106 RCW 15.30.250 and 1961 c 29 s 25 are each amended to
read as follows:
(1) Except as provided in subsection (2) of this section, any
person violating the provisions of this chapter or rules adopted
hereunder is guilty of a misdemeanor ((and guilty of a gross
misdemeanor for any subsequent offense, however,)).
(2) A second or subsequent violation is a gross misdemeanor. Any
offense committed more than five years after a previous conviction
shall be considered a first offense.
Sec. 107 RCW 15.60.055 and 1993 c 89 s 17 are each amended to
read as follows:
(1) Except as provided in subsection (2) of this section, a person
who violates or fails to comply with any of the provisions of this
chapter or any rule adopted under this chapter ((shall be)) is guilty
of a misdemeanor((, and for)).
(2) A second ((and each)) or subsequent violation is a gross
misdemeanor.
(((2))) (3) Whenever the director finds that a person has committed
a violation of any of the provisions of this chapter or any rule
adopted under this chapter and that violation has not been punished as
a misdemeanor or gross misdemeanor, the director may impose and collect
a civil penalty not exceeding one thousand dollars for each violation.
Each violation shall be a separate and distinct offense. A person who
knowingly, through an act of omission or commission, procures or aids
or abets in the violation shall be considered to have violated this
section and may be subject to the civil penalty.
Sec. 108 RCW 15.61.050 and 1963 c 232 s 14 are each amended to
read as follows:
(1) Except as provided in subsection (2) of this section, any
person violating the provisions of this chapter or rules adopted
hereunder is guilty of a misdemeanor ((and guilty of a gross
misdemeanor for any subsequent offense, however,)).
(2) A second or subsequent violation is a gross misdemeanor. Any
offense committed more than five years after a previous conviction
shall be considered a first offense.
Sec. 109 RCW 15.80.650 and 1969 ex.s. c 100 s 36 are each amended
to read as follows:
(1) Except as provided in RCW 15.80.640 or subsection (2) of this
section, any person violating any provision of this chapter((, except
as provided in RCW 15.80.640,)) or rules adopted hereunder((,)) is
guilty of a misdemeanor ((and upon)).
(2) A second or subsequent ((offense, shall be guilty of))
violation is a gross misdemeanor((: PROVIDED, That)). Any offense
committed more than five years after a previous conviction shall be
considered a first offense.
Sec. 110 RCW 16.52.015 and 1994 c 261 s 3 are each amended to
read as follows:
(1) Law enforcement agencies and animal care and control agencies
may enforce the provisions of this chapter. Animal care and control
agencies may enforce the provisions of this chapter in a county or city
only if the county or city legislative authority has entered into a
contract with the agency to enforce the provisions of this chapter.
(2) Animal control officers enforcing this chapter shall comply
with the same constitutional and statutory restrictions concerning the
execution of police powers imposed on law enforcement officers who
enforce this chapter and other criminal laws of the state of
Washington.
(3) Animal control officers have the following enforcement powers
when enforcing this chapter:
(a) The power to issue citations based on probable cause to
offenders for misdemeanor and gross misdemeanor violations of this
chapter or RCW 9.08.070, sections 10 through 13 of this act, or
81.56.120;
(b) The power to cause a law enforcement officer to arrest and take
into custody any person the animal control officer has probable cause
to believe has committed or is committing a violation of this chapter
or RCW 9.08.070 or 81.56.120. Animal control officers may make an oral
complaint to a prosecuting attorney or a law enforcement officer to
initiate arrest. The animal control officer causing the arrest shall
file with the arresting agency a written complaint within twenty-four
hours of the arrest, excluding Sundays and legal holidays, stating the
alleged act or acts constituting a violation;
(c) The power to carry nonfirearm protective devices for personal
protection;
(d) The power to prepare affidavits in support of search warrants
and to execute search warrants when accompanied by law enforcement
officers to investigate violations of this chapter or RCW 9.08.070 or
81.56.120, and to seize evidence of those violations.
(4) Upon request of an animal control officer who has probable
cause to believe that a person has violated this chapter or RCW
9.08.070 or 81.56.120, a law enforcement agency officer may arrest the
alleged offender.
Sec. 111 RCW 16.52.190 and 1994 c 261 s 13 are each amended to
read as follows:
(1) Except as provided in subsections (2) and (3) of this section,
a person is guilty of the crime of poisoning animals if the person
intentionally or knowingly poisons an animal under circumstances which
do not constitute animal cruelty in the first degree.
(2) Subsection (1) of this section shall not apply to euthanizing
by poison an animal in a lawful and humane manner by the animal's
owner, or by a duly authorized servant or agent of the owner, or by a
person acting pursuant to instructions from a duly constituted public
authority.
(3) Subsection (1) of this section shall not apply to the
reasonable use of rodent or pest poison, insecticides, fungicides, or
slug bait for their intended purposes. As used in this section, the
term "rodent" includes but is not limited to Columbia ground squirrels,
other ground squirrels, rats, mice, gophers, rabbits, and any other
rodent designated as injurious to the agricultural interests of the
state as provided in chapter 17.16 RCW. The term "pest" as used in
this section includes any pest as defined in RCW 17.21.020.
(4) A person violating this section is guilty of a gross
misdemeanor.
Sec. 112 RCW 16.52.193 and 1987 c 34 s 7 are each amended to read
as follows:
(1) It ((shall be)) is unlawful for any person other than a
registered pharmacist to sell at retail or furnish to any person any
strychnine: PROVIDED, That nothing herein ((shall)) prohibits county,
state, or federal agents, in the course of their duties, from
furnishing strychnine to any person. Every such registered pharmacist
selling or furnishing such strychnine shall, before delivering the
same, record the transaction as provided in RCW 69.38.030. If any such
registered pharmacist ((shall)) suspects that any person desiring to
purchase strychnine intends to use the same for the purpose of
poisoning unlawfully any domestic animal or domestic bird, he or she
may refuse to sell to such person, but whether or not he or she makes
such sale, he or she shall if he or she so suspects an intention to use
the strychnine unlawfully, immediately notify the nearest peace
officer, giving such officer a complete description of the person
purchasing, or attempting to purchase, such strychnine.
(2) A person violating this section is guilty of a gross
misdemeanor.
Sec. 113 RCW 16.52.200 and 1994 c 261 s 14 are each amended to
read as follows:
(1) The sentence imposed for a misdemeanor or gross misdemeanor
violation of this chapter may be deferred or suspended in accordance
with RCW 3.66.067 and 3.66.068, however the probationary period shall
be two years.
(2) In case of multiple misdemeanor or gross misdemeanor
convictions, the sentences shall be consecutive, however the
probationary period shall remain two years.
(3) In addition to the penalties imposed by the court, the court
shall order the forfeiture of all animals held by law enforcement or
animal care and control authorities under the provisions of this
chapter if any one of the animals involved dies as a result of a
violation of this chapter or if the defendant has a prior conviction
under this chapter. In other cases the court may enter an order
requiring the owner to forfeit the animal if the court deems the
animal's treatment to have been severe and likely to reoccur. If
forfeiture is ordered, the owner shall be prohibited from owning or
caring for any similar animals for a period of two years. The court
may delay its decision on forfeiture under this subsection until the
end of the probationary period.
(4) In addition to fines and court costs, the defendant, only if
convicted or in agreement, shall be liable for reasonable costs
incurred pursuant to this chapter by law enforcement agencies, animal
care and control agencies, or authorized private or public entities
involved with the care of the animals. Reasonable costs include
expenses of the investigation, and the animal's care, euthanization, or
adoption.
(5) If convicted, the defendant shall also pay a civil penalty of
one thousand dollars to the county to prevent cruelty to animals.
These funds shall be used to prosecute offenses under this chapter and
to care for forfeited animals pending trial.
(6) As a condition of the sentence imposed under this chapter or
RCW 9.08.070 or sections 10 through 13 of this act, the court may also
order the defendant to participate in an available animal cruelty
prevention or education program or obtain available psychological
counseling to treat mental health problems contributing to the
violation's commission. The defendant shall bear the costs of the
program or treatment.
Sec. 114 RCW 16.52.230 and 1989 c 359 s 5 are each amended to
read as follows:
No provision of RCW 9.08.070, sections 10 through 13 of this act,
or 16.52.220 shall in any way interfere with or impair the operation of
any other provision of this chapter or Title 28B RCW, relating to
higher education or biomedical research. The provisions of RCW
9.08.070, sections 10 through 13 of this act, and 16.52.220 are
cumulative and nonexclusive and shall not affect any other remedy.
Sec. 115 RCW 16.58.170 and 1971 ex.s. c 181 s 17 are each amended
to read as follows:
(1) Except as provided in subsection (2) of this section, any
person who violates the provisions of this chapter or any rule or
regulation adopted hereunder ((shall be)) is guilty of a misdemeanor
((and shall be guilty of a gross misdemeanor for any)).
(2) A second or subsequent violation((: PROVIDED, That)) is a
gross misdemeanor. Any offense committed more than five years after a
previous conviction shall be considered a first offense.
Sec. 116 RCW 16.65.440 and 1959 c 107 s 44 are each amended to
read as follows:
(1) Except as provided in subsection (2) of this section, any
person who ((shall)) violates any provisions or requirements of this
chapter or rules and regulations adopted by the director pursuant to
this chapter ((shall be deemed)) is guilty of a misdemeanor((; and
any)).
(2) A second or subsequent violation ((thereafter shall be deemed))
is a gross misdemeanor.
Sec. 117 RCW 17.10.350 and 1997 c 353 s 31 are each amended to
read as follows:
(1) Any person found to have committed a civil infraction under
this chapter shall be assessed a monetary penalty not to exceed one
thousand dollars. The state noxious weed control board shall adopt a
schedule of monetary penalties for each violation of this chapter
classified as a civil infraction and submit the schedule to the
appropriate court. If a monetary penalty is imposed by the court, the
penalty is immediately due and payable. The court may, at its
discretion, grant an extension of time, not to exceed thirty days, in
which the penalty must be paid.
(2) Failure to pay any monetary penalties imposed under this
chapter is punishable as a misdemeanor.
Sec. 118 RCW 17.21.310 and 1967 c 177 s 16 are each amended to
read as follows:
(1) Except as provided in subsection (2) of this section, any
person who ((shall)) violates any provisions or requirements of this
chapter or rules adopted hereunder ((shall be deemed)) is guilty of a
misdemeanor ((and guilty of a gross misdemeanor for any)).
(2) A second ((and)) or subsequent offense((: PROVIDED, That)) is
a gross misdemeanor. Any offense committed more than five years after
a previous conviction shall be considered a first offense.
Sec. 119 RCW 17.24.100 and 1981 c 296 s 26 are each amended to
read as follows:
(1) Except as provided in subsection (2) of this section, every
person who ((shall)) violates or fails to comply with any rule or
regulation adopted and promulgated by the director of agriculture in
accordance with and under the provision of this chapter ((17.24 RCW, as
now or hereafter amended, shall be)) is guilty of a misdemeanor((, and
for)).
(2) A second and each subsequent violation or failure to comply
with the provisions of this chapter or rule or regulation adopted
hereunder((, shall be guilty of)) is a gross misdemeanor.
Sec. 120 RCW 18.04.370 and 2001 c 294 s 19 are each amended to
read as follows:
(1) Any person who violates any provision of this chapter((,))
shall be guilty of a crime, as follows:
(a) Any person who violates any provision of this chapter is guilty
of a misdemeanor, and upon conviction thereof, shall be subject to a
fine of not more than ten thousand dollars, or to imprisonment for not
more than six months, or to both such fine and imprisonment.
(b) Notwithstanding (a) of this subsection, any person who uses a
professional title intended to deceive the public, in violation of RCW
18.04.345, having previously entered into a stipulated agreement and
order of assurance with the board, is guilty of a class C felony, and
upon conviction thereof, is subject to a fine of not more than ten
thousand dollars, or to imprisonment for not more than two years, or to
both such fine and imprisonment.
(2) With the exception of first time violations of RCW 18.04.345,
subject to subsection (3) of this section whenever the board has reason
to believe that any person is violating the provisions of this chapter
it shall certify the facts to the prosecuting attorney of the county in
which such person resides or may be apprehended and the prosecuting
attorney shall cause appropriate proceedings to be brought against such
person.
(3) The board may elect to enter into a stipulated agreement and
orders of assurance with persons in violation of RCW 18.04.345 who have
not previously been found to have violated the provisions of this
chapter. The board may order full restitution to injured parties as a
condition of a stipulated agreement and order of assurance.
(4) Nothing herein contained shall be held to in any way affect the
power of the courts to grant injunctive or other relief as above
provided.
Sec. 121 RCW 18.06.130 and 1995 c 323 s 11 are each amended to
read as follows:
(1) The secretary shall develop a form to be used by an
acupuncturist to inform the patient of the acupuncturist's scope of
practice and qualifications. All license holders shall bring the form
to the attention of the patients in whatever manner the secretary, by
rule, provides.
(2) A person violating this section is guilty of a misdemeanor.
Sec. 122 RCW 18.06.140 and 1995 c 323 s 12 are each amended to
read as follows:
(1) Every licensed acupuncturist shall develop a written plan for
consultation, emergency transfer, and referral to other health care
practitioners operating within the scope of their authorized practices.
The written plan shall be submitted with the initial application for
licensure as well as annually thereafter with the license renewal fee
to the department. The department may withhold licensure or renewal of
licensure if the plan fails to meet the standards contained in rules
adopted by the secretary.
(2) When the acupuncturist sees patients with potentially serious
disorders such as cardiac conditions, acute abdominal symptoms, and
such other conditions, the acupuncturist shall immediately request a
consultation or recent written diagnosis from a physician licensed
under chapter 18.71 or 18.57 RCW. In the event that the patient with
the disorder refuses to authorize such consultation or provide a recent
diagnosis from such physician, acupuncture treatment shall not be
continued.
(3) A person violating this section is guilty of a misdemeanor.
Sec. 123 RCW 18.08.460 and 1985 c 37 s 17 are each amended to
read as follows:
(1) Any person who violates any provision of this chapter or any
rule promulgated under it is guilty of a misdemeanor and may also be
subject to a civil penalty in an amount not to exceed one thousand
dollars for each offense.
(((1))) (2) It shall be the duty of all officers in the state or
any political subdivision thereof to enforce this chapter. Any public
officer may initiate an action before the board to enforce the
provisions of this chapter.
(((2))) (3) The board may apply for relief by injunction without
bond to restrain a person from committing any act that is prohibited by
this chapter. In such proceedings, it is not necessary to allege or
prove either that an adequate remedy at law does not exist or that
substantial irreparable damage would result from the continued
violation thereof. The members of the board shall not be personally
liable for their actions in any such proceeding or in any other
proceeding instituted by the board under this chapter. The board in
any proper case shall cause prosecution to be instituted in any county
or counties where any violation of this chapter occurs, and shall aid
the prosecution of the violator.
(((3))) (4) No person practicing architecture is entitled to
maintain a proceeding in any court of this state relating to services
in the practice of architecture unless it is alleged and proved that
the person was registered or authorized under this chapter to practice
or offer to practice architecture at the time the architecture services
were offered or provided.
Sec. 124 RCW 18.32.675 and 1935 c 112 s 19 are each amended to
read as follows:
(1) No corporation shall practice dentistry or shall solicit
through itself, or its agent, officers, employees, directors or
trustees, dental patronage for any dentists or dental surgeon employed
by any corporation: PROVIDED, That nothing contained in this chapter
shall prohibit a corporation from employing a dentist or dentists to
render dental services to its employees: PROVIDED, FURTHER, That such
dental services shall be rendered at no cost or charge to the
employees; nor shall it apply to corporations or associations in which
the dental services were originated and are being conducted upon a
purely charitable basis for the worthy poor, nor shall it apply to
corporations or associations furnishing information or clerical
services which can be furnished by persons not licensed to practice
dentistry, to any person lawfully engaged in the practice of dentistry,
when such dentist assumes full responsibility for such information and
services.
(2) Any corporation violating ((the provisions of)) this section is
guilty of a gross misdemeanor, and each day that this chapter is
violated shall be considered a separate offense.
Sec. 125 RCW 18.32.745 and 1994 sp.s. c 9 s 224 are each amended
to read as follows:
(1) No manager, proprietor, partnership, or association owning,
operating, or controlling any room, office, or dental parlors, where
dental work is done, provided, or contracted for, shall employ or
retain any unlicensed person or dentist as an operator; nor shall fail,
within ten days after demand made by the secretary of health or the
commission in writing sent by certified mail, addressed to any such
manager, proprietor, partnership, or association at the room, office,
or dental parlor, to furnish the secretary of health or the commission
with the names and addresses of all persons practicing or assisting in
the practice of dentistry in his or her place of business or under his
or her control, together with a sworn statement showing by what license
or authority the persons are practicing dentistry.
(2) The sworn statement shall not be used as evidence in any
subsequent court proceedings, except in a prosecution for perjury
connected with its execution.
(3) Any violation of ((the provisions of)) this section is
improper, unprofessional, and dishonorable conduct((; it also is)), and
grounds for injunction proceedings as provided by this chapter((, and
in addition is)).
(4)(a) Except as provided in (b) of this subsection, a violation of
this section is also a gross misdemeanor((, except that)).
(b) The failure to furnish the information as may be requested in
accordance with this section is a misdemeanor.
Sec. 126 RCW 18.32.755 and 1994 sp.s. c 9 s 225 are each amended
to read as follows:
(1) Any advertisement or announcement for dental services must
include for each office location advertised the names of all persons
practicing dentistry at that office location.
(2) Any violation of ((the provisions of)) this section is
improper, unprofessional, and dishonorable conduct((; it also is)), and
grounds for injunction proceedings as provided by RCW 18.130.190(4)((,
and in addition is)).
(3) A violation of this section is also a gross misdemeanor.
Sec. 127 RCW 18.39.215 and 1987 c 331 s 76 are each amended to
read as follows:
(1)(a) No licensed embalmer shall embalm a deceased body without
first having obtained authorization from a family member or
representative of the deceased.
(b) Notwithstanding the above prohibition a licensee may embalm
without such authority when after due diligence no authorized person
can be contacted and embalming is in accordance with legal or accepted
standards of care in the community, or the licensee has good reason to
believe that the family wishes embalming. If embalming is performed
under these circumstances, the licensee shall not be deemed to be in
violation of the provisions of this subsection.
(c) The funeral director or embalmer shall inform the family member
or representative of the deceased that embalming is not required by
state law, except that embalming is required under certain conditions
as determined by rule by the state board of health.
(2)(a) Any person authorized to dispose of human remains shall
refrigerate or embalm the body within twenty-four hours upon receipt of
the body, unless disposition of the body has been made. However,
subsection (1) of this section and RCW 68.50.108 shall be complied with
before a body is embalmed. Upon written authorization of the proper
state or local authority, the provisions of this subsection may be
waived for a specified period of time.
(b) Violation of this subsection is a gross misdemeanor.
Sec. 128 RCW 18.39.217 and 1985 c 402 s 7 are each amended to
read as follows:
(1) A permit or endorsement issued by the board or under chapter
68.05 RCW is required in order to operate a crematory or conduct a
cremation.
(2) Conducting a cremation without a permit or endorsement is a
misdemeanor. Each such cremation is a separate violation.
(3) Crematories owned or operated by or located on property
licensed as a funeral establishment shall be regulated by the board of
funeral directors and embalmers. Crematories not affiliated with a
funeral establishment shall be regulated by the cemetery board.
Sec. 129 RCW 18.39.220 and 1981 c 43 s 16 are each amended to
read as follows:
(1) Every funeral director or embalmer who pays, or causes to be
paid, directly or indirectly, money, or other valuable consideration,
for the securing of business, and every person who accepts money, or
other valuable consideration, directly or indirectly, from a funeral
director or from an embalmer, in order that the latter may obtain
business is guilty of a gross misdemeanor.
(2) Every person who sells, or offers for sale, any share,
certificate, or interest in the business of any funeral director or
embalmer, or in any corporation, firm, or association owning or
operating a funeral establishment, which promises or purports to give
to the purchaser a right to the services of the funeral director,
embalmer, or corporation, firm, or association at a charge or cost less
than that offered or given to the public, is guilty of a gross
misdemeanor.
Sec. 130 RCW 18.39.231 and 1986 c 259 s 66 are each amended to
read as follows:
(1) A funeral director or any person under the supervision of a
funeral director shall not, in conjunction with any professional
services performed for compensation under this chapter, provide
financial or investment advice to any person other than a family
member, represent any person in a real estate transaction, or act as an
agent under a power of attorney for any person. However, this section
shall not be deemed to prohibit a funeral establishment from entering
into prearrangement funeral service contracts in accordance with this
chapter or to prohibit a funeral director from providing advice about
government or insurance benefits.
(2) A violation of this section is a gross misdemeanor and is
grounds for disciplinary action.
(3) The board shall adopt such rules as the board deems reasonably
necessary to prevent unethical financial dealings between funeral
directors and their clients.
Sec. 131 RCW 18.57.160 and 1981 c 277 s 9 are each amended to
read as follows:
Every person falsely claiming himself or herself to be the person
named in a certificate issued to another, or falsely claiming himself
or herself to be the person entitled to the same, ((shall be)) is
guilty of ((a felony, and, upon conviction thereof, shall be subject to
such penalties as are provided by the laws of this state for the crime
of)) forgery under RCW 9A.60.020.
Sec. 132 RCW 18.64.045 and 1996 c 191 s 44 are each amended to
read as follows:
(1) The owner of each and every place of business which
manufactures drugs shall pay a license fee to be determined by the
secretary, and thereafter, on or before a date to be determined by the
secretary, a fee to be determined by the secretary as provided in RCW
43.70.250 and 43.70.280, for which the owner shall receive a license of
location from the department, which shall entitle the owner to
manufacture drugs at the location specified for the period ending on a
date to be determined by the secretary, and each such owner shall at
the time of payment of such fee file with the department, on a blank
therefor provided, a declaration of ownership and location, which
declaration of ownership and location so filed as aforesaid shall be
deemed presumptive evidence of the ownership of such place of business
mentioned therein. It shall be the duty of the owner to notify
immediately the department of any change of location or ownership and
to keep the license of location or the renewal thereof properly
exhibited in such place of business.
(2) Failure to conform with this section ((shall be deemed)) is a
misdemeanor, and each day that ((said)) the failure continues ((shall
be deemed)) is a separate offense.
(3) In event ((such)) the license fee remains unpaid on the date
due, no renewal or new license shall be issued except upon compliance
with administrative procedures, administrative requirements, and fees
determined as provided in RCW 43.70.250 and 43.70.280.
Sec. 133 RCW 18.64.046 and 1996 c 191 s 45 are each amended to
read as follows:
(1) The owner of each place of business which sells legend drugs
and nonprescription drugs, or nonprescription drugs at wholesale shall
pay a license fee to be determined by the secretary, and thereafter, on
or before a date to be determined by the secretary as provided in RCW
43.70.250 and 43.70.280, a like fee to be determined by the secretary,
for which the owner shall receive a license of location from the
department, which shall entitle such owner to either sell legend drugs
and nonprescription drugs or nonprescription drugs at wholesale at the
location specified for the period ending on a date to be determined by
the secretary, and each such owner shall at the time of payment of such
fee file with the department, on a blank therefor provided, a
declaration of ownership and location, which declaration of ownership
and location so filed as aforesaid shall be deemed presumptive evidence
of the ownership of such place of business mentioned therein. It shall
be the duty of the owner to notify immediately the department of any
change of location and ownership and to keep the license of location or
the renewal thereof properly exhibited in such place of business.
(2) Failure to conform with this section ((shall be deemed)) is a
misdemeanor, and each day that ((said)) the failure continues ((shall
be deemed)) is a separate offense.
(3) In event ((such)) the license fee remains unpaid on the date
due, no renewal or new license shall be issued except upon compliance
with administrative procedures, administrative requirements, and fees
determined as provided in RCW 43.70.250 and 43.70.280.
Sec. 134 RCW 18.64.047 and 1996 c 191 s 46 are each amended to
read as follows:
(1) Any itinerant vendor or any peddler of any nonprescription drug
or preparation for the treatment of disease or injury, shall pay a
registration fee determined by the secretary on a date to be determined
by the secretary as provided in RCW 43.70.250 and 43.70.280. The
department may issue a registration to such vendor on an approved
application made to the department.
(2) Any itinerant vendor or peddler who shall vend or sell, or
offer to sell to the public any such nonprescription drug or
preparation without having registered to do so as provided in this
section, ((shall be)) is guilty of a misdemeanor and each sale or offer
to sell shall constitute a separate offense.
(3) In event ((such)) the registration fee remains unpaid on the
date due, no renewal or new registration shall be issued except upon
compliance with administrative procedures, administrative requirements,
and fees determined as provided in RCW 43.70.250 and 43.70.280. This
registration shall not authorize the sale of legend drugs or controlled
substances.
Sec. 135 RCW 18.64.245 and 1989 1st ex.s. c 9 s 402 and 1989 c
352 s 2 are each reenacted and amended to read as follows:
(1) Every proprietor or manager of a pharmacy shall keep readily
available a suitable record of prescriptions which shall preserve for
a period of not less than two years the record of every prescription
dispensed at such pharmacy which shall be numbered, dated, and filed,
and shall produce the same in court or before any grand jury whenever
lawfully required to do so. The record shall be maintained either
separately from all other records of the pharmacy or in such form that
the information required is readily retrievable from ordinary business
records of the pharmacy. All record-keeping requirements for
controlled substances must be complied with. Such record of
prescriptions shall be for confidential use in the pharmacy, only. The
record of prescriptions shall be open for inspection by the board of
pharmacy or any officer of the law, who is authorized to enforce
chapter 18.64, 69.41, or 69.50 RCW.
(2) A person violating this section is guilty of a misdemeanor.
Sec. 136 RCW 18.64.246 and 2002 c 96 s 1 are each amended to read
as follows:
(1) To every box, bottle, jar, tube or other container of a
prescription which is dispensed there shall be fixed a label bearing
the name and address of the dispensing pharmacy, the prescription
number, the name of the prescriber, the prescriber's directions, the
name and strength of the medication, the name of the patient, the date,
and the expiration date. The security of the cover or cap on every
bottle or jar shall meet safety standards adopted by the state board of
pharmacy. At the prescriber's request, the name and strength of the
medication need not be shown. If the prescription is for a combination
medication product, the generic names of the medications combined or
the trade name used by the manufacturer or distributor for the product
shall be noted on the label. The identification of the licensed
pharmacist responsible for each dispensing of medication must either be
recorded in the pharmacy's record system or on the prescription label.
This section shall not apply to the dispensing of medications to in-patients in hospitals.
(2) A person violating this section is guilty of a misdemeanor.
Sec. 137 RCW 18.64.270 and 1963 c 38 s 13 are each amended to
read as follows:
(1) Every proprietor of a wholesale or retail drug store shall be
held responsible for the quality of all drugs, chemicals or medicines
sold or dispensed by him or her except those sold in original packages
of the manufacturer and except those articles or preparations known as
patent or proprietary medicines.
(2) Any person who shall knowingly, willfully or fraudulently
falsify or adulterate any drug or medicinal substance or preparation
authorized or recognized by an official compendium or used or intended
to be used in medical practice, or shall willfully, knowingly or
fraudulently offer for sale, sell or cause the same to be sold for
medicinal purposes, ((shall be deemed)) is guilty of a misdemeanor, and
upon conviction thereof shall be punished by a fine in any sum not less
than seventy-five nor more than one hundred and fifty dollars or by
imprisonment in the county jail for a period of not less than one month
nor more than three months, and any person convicted a third time for
violation of ((any of the provisions of)) this section may suffer both
fine and imprisonment. In any case he or she shall forfeit to the
state of Washington all drugs or preparations so falsified or
adulterated.
Sec. 138 RCW 18.71.190 and 1909 c 192 s 16 are each amended to
read as follows:
Every person filing for record, or attempting to file for record,
the certificate issued to another, falsely claiming himself or herself
to be the person named in such certificate, or falsely claiming himself
or herself to be the person entitled to the same, ((shall be)) is
guilty of ((a felony, and, upon conviction thereof, shall be subject to
such penalties as are provided by the laws of this state for the crime
of)) forgery under RCW 9A.60.020.
Sec. 139 RCW 18.92.230 and 1941 c 71 s 23 are each amended to
read as follows:
Any person filing or attempting to file, as his or her own, the
diploma or license of another ((shall be deemed)) is guilty of ((a
felony, and upon conviction thereof, shall be subject to such fine and
imprisonment as is made and provided by the statutes of this state for
the crime of)) forgery under RCW 9A.60.020.
Sec. 140 RCW 18.130.075 and 1991 c 332 s 2 are each amended to
read as follows:
(1) If an individual licensed in another state((,)) that has
licensing standards substantially equivalent to Washington((,)) applies
for a license, the disciplining authority shall issue a temporary
practice permit authorizing the applicant to practice the profession
pending completion of documentation that the applicant meets the
requirements for a license and is also not subject to denial of a
license or issuance of a conditional license under this chapter. The
temporary permit may reflect statutory limitations on the scope of
practice. The permit shall be issued only upon the disciplining
authority receiving verification from the states in which the applicant
is licensed that the applicant is currently licensed and is not subject
to charges or disciplinary action for unprofessional conduct or
impairment. Notwithstanding RCW 34.05.422(3), the disciplining
authority shall establish, by rule, the duration of the temporary
practice permits.
(2) Failure to surrender the temporary practice permit is a
misdemeanor under RCW 9A.20.010 and shall be unprofessional conduct
under this chapter.
(3) The issuance of temporary permits is subject to the provisions
of this chapter, including summary suspensions.
Sec. 141 RCW 18.130.190 and 2001 c 207 s 2 are each amended to
read as follows:
(1) The secretary shall investigate complaints concerning practice
by unlicensed persons of a profession or business for which a license
is required by the chapters specified in RCW 18.130.040. In the
investigation of the complaints, the secretary shall have the same
authority as provided the secretary under RCW 18.130.050.
(2) The secretary may issue a notice of intention to issue a cease
and desist order to any person whom the secretary has reason to believe
is engaged in the unlicensed practice of a profession or business for
which a license is required by the chapters specified in RCW
18.130.040. The person to whom such notice is issued may request an
adjudicative proceeding to contest the charges. The request for
hearing must be filed within twenty days after service of the notice of
intention to issue a cease and desist order. The failure to request a
hearing constitutes a default, whereupon the secretary may enter a
permanent cease and desist order, which may include a civil fine. All
proceedings shall be conducted in accordance with chapter 34.05 RCW.
(3) If the secretary makes a final determination that a person has
engaged or is engaging in unlicensed practice, the secretary may issue
a cease and desist order. In addition, the secretary may impose a
civil fine in an amount not exceeding one thousand dollars for each day
upon which the person engaged in unlicensed practice of a business or
profession for which a license is required by one or more of the
chapters specified in RCW 18.130.040. The proceeds of such fines shall
be deposited to the health professions account.
(4) If the secretary makes a written finding of fact that the
public interest will be irreparably harmed by delay in issuing an
order, the secretary may issue a temporary cease and desist order. The
person receiving a temporary cease and desist order shall be provided
an opportunity for a prompt hearing. The temporary cease and desist
order shall remain in effect until further order of the secretary. The
failure to request a prompt or regularly scheduled hearing constitutes
a default, whereupon the secretary may enter a permanent cease and
desist order, which may include a civil fine.
(5) Neither the issuance of a cease and desist order nor payment of
a civil fine shall relieve the person so practicing or operating a
business without a license from criminal prosecution therefor, but the
remedy of a cease and desist order or civil fine shall be in addition
to any criminal liability. The cease and desist order is conclusive
proof of unlicensed practice and may be enforced under RCW 7.21.060.
This method of enforcement of the cease and desist order or civil fine
may be used in addition to, or as an alternative to, any provisions for
enforcement of agency orders set out in chapter 34.05 RCW.
(6) The attorney general, a county prosecuting attorney, the
secretary, a board, or any person may in accordance with the laws of
this state governing injunctions, maintain an action in the name of
this state to enjoin any person practicing a profession or business for
which a license is required by the chapters specified in RCW 18.130.040
without a license from engaging in such practice or operating such
business until the required license is secured. However, the
injunction shall not relieve the person so practicing or operating a
business without a license from criminal prosecution therefor, but the
remedy by injunction shall be in addition to any criminal liability.
(7)(a) Unlicensed practice of a profession or operating a business
for which a license is required by the chapters specified in RCW
18.130.040, unless otherwise exempted by law, constitutes a gross
misdemeanor for a single violation.
(b) Each subsequent violation, whether alleged in the same or in
subsequent prosecutions, is a class C felony punishable according to
chapter 9A.20 RCW.
(8) All fees, fines, forfeitures, and penalties collected or
assessed by a court because of a violation of this section shall be
remitted to the health professions account.
Sec. 142 RCW 19.09.275 and 1993 c 471 s 15 are each amended to
read as follows:
(1) Any person who knowingly violates any provision of this chapter
or who knowingly gives false or incorrect information to the secretary,
attorney general, or county prosecuting attorney in filing statements
required by this chapter, whether or not such statement or report is
verified is guilty of a gross misdemeanor punishable under chapter
9A.20 RCW.
(2) Any person who violates any provisions of this chapter or who
gives false or incorrect information to the secretary, attorney
general, or county prosecuting attorney in filing statements required
by this chapter, whether or not such statement or report is verified,
is guilty of a misdemeanor punishable under chapter 9A.20 RCW.
Sec. 143 RCW 19.25.020 and 1991 c 38 s 2 are each amended to read
as follows:
(1) A person commits an offense if the person:
(a) Knowingly reproduces for sale or causes to be transferred any
recording with intent to sell it or cause it to be sold or use it or
cause it to be used for commercial advantage or private financial gain
without the consent of the owner;
(b) Transports within this state, for commercial advantage or
private financial gain, a recording with the knowledge that the sounds
have been reproduced or transferred without the consent of the owner;
or
(c) Advertises, offers for sale, sells, or rents, or causes the
sale, resale, or rental of or possesses for one or more of these
purposes any recording that the person knows has been reproduced or
transferred without the consent of the owner.
(2)(a) An offense under this section is a class B felony punishable
by((:)) a fine of not more than two hundred fifty thousand dollars,
imprisonment for not more than ten years, or both if:
(a)
(i) The offense involves at least one thousand unauthorized
recordings during a one hundred eighty-day period; or
(ii) The defendant has been previously convicted under this
section((;)).
(b) An offense under this section is a class C felony punishable by
a fine of not more than two hundred fifty thousand dollars,
imprisonment for not more than five years, or both, if the offense
involves more than one hundred but less than one thousand unauthorized
recordings during a one hundred eighty-day period.
(((3))) (c) Any other offense under this section is a gross
misdemeanor punishable by a fine of not more than twenty-five thousand
dollars, imprisonment for not more than one year, or both.
(((4))) (3) This section does not affect the rights and remedies of
a party in private litigation.
(((5))) (4) This section applies only to recordings that were
initially fixed before February 15, 1972.
Sec. 144 RCW 19.25.030 and 1991 c 38 s 3 are each amended to read
as follows:
(1) A person commits an offense if the person:
(a) For commercial advantage or private financial gain advertises,
offers for sale, sells, rents, transports, causes the sale, resale,
rental, or transportation of or possesses for one or more of these
purposes a recording of a live performance with the knowledge that the
live performance has been recorded or fixed without the consent of the
owner; or
(b) With the intent to sell for commercial advantage or private
financial gain records or fixes or causes to be recorded or fixed on a
recording a live performance with the knowledge that the live
performance has been recorded or fixed without the consent of the
owner.
(2)(a) An offense under this section is a class B felony punishable
by((:)) a fine of not more than two hundred fifty thousand dollars,
imprisonment for not more than ten years, or both, if:
(a)
(i) The offense involves at least one thousand unauthorized
recordings embodying sound or at least one hundred unauthorized
audiovisual recordings during a one hundred eighty-day period; or
(ii) The defendant has been previously convicted under this
section((; or)).
(b) An offense under this section is a class C felony punishable by
a fine of not more than two hundred fifty thousand dollars,
imprisonment for not more than five years, or both, if the offense
involves more than one hundred but less than one thousand unauthorized
recordings embodying sound or more than ten but less than one hundred
unauthorized audiovisual recordings during a one hundred eighty-day
period.
(((3))) (c) Any other offense under this section is a gross
misdemeanor punishable by a fine of not more than twenty-five thousand
dollars, imprisonment for not more than one year, or both.
(((4))) (3) In the absence of a written agreement or law to the
contrary, the performer or performers of a live performance are
presumed to own the rights to record or fix those sounds.
(((5))) (4) For the purposes of this section, a person who is
authorized to maintain custody and control over business records that
reflect whether or not the owner of the live performance consented to
having the live performance recorded or fixed is a competent witness in
a proceeding regarding the issue of consent.
(((6))) (5) This section does not affect the rights and remedies of
a party in private litigation.
Sec. 145 RCW 19.25.040 and 1991 c 38 s 4 are each amended to read
as follows:
(1) A person is guilty of failure to disclose the origin of a
recording when, for commercial advantage or private financial gain, the
person knowingly advertises, or offers for sale, resale, or rent, or
sells or resells, or rents, leases, or lends, or possesses for any of
these purposes, any recording which does not contain the true name and
address of the manufacturer in a prominent place on the cover, jacket,
or label of the recording.
(2)(a) An offense under this section is a class B felony punishable
by((:)) a fine of not more than two hundred fifty thousand dollars,
imprisonment for not more than ten years, or both, if:
(a)
(i) The offense involves at least one hundred unauthorized
recordings during a one hundred eighty-day period; or
(ii) The defendant has been previously convicted under this
section((;)).
(b) An offense under this section is a class C felony punishable by
a fine of not more than two hundred fifty thousand dollars,
imprisonment for not more than five years, or both, if the offense
involves more than ten but less than one hundred unauthorized
recordings during a one hundred eighty-day period.
(((3))) (c) Any other offense under this section is a gross
misdemeanor punishable by a fine of not more than twenty-five thousand
dollars, imprisonment for not more than one year, or both.
(((4))) (3) This section does not affect the rights and remedies of
a party in private litigation.
Sec. 146 RCW 19.48.110 and 1985 c 129 s 2 are each amended to
read as follows:
(1)(a) Any person who ((shall)) willfully obtains food, money,
credit, use of ski area facilities, lodging or accommodation at any
hotel, inn, restaurant, commercial ski area, boarding house or lodging
house, without paying therefor, with intent to defraud the proprietor,
owner, operator or keeper thereof; or who obtains food, money, credit,
use of ski area facilities, lodging or accommodation at such hotel,
inn, restaurant, commercial ski area, boarding house or lodging house,
by the use of any false pretense; or who, after obtaining food, money,
credit, use of ski area facilities, lodging, or accommodation at such
hotel, inn, restaurant, commercial ski area, boarding house, or lodging
house, removes or causes to be removed from such hotel, inn,
restaurant, commercial ski area, boarding house or lodging house, his
or her baggage, without the permission or consent of the proprietor,
manager or authorized employee thereof, before paying for such food,
money, credit, use of ski area facilities, lodging or accommodation,
((shall be)) is guilty of a gross misdemeanor((: PROVIDED, That)),
except as provided in (b) of this subsection.
(b) If the aggregate amount of food, money, use of ski area
facilities, lodging or accommodation, or credit so obtained is seventy-five dollars or more such person ((shall be)) is guilty of a class B
felony punishable according to chapter 9A.20 RCW.
(2) Proof that food, money, credit, use of ski area facilities,
lodging or accommodation were obtained by false pretense or by false or
fictitious show or pretense of any baggage or other property, or that
the person refused or neglected to pay for such food, money, credit,
use of ski area facilities, lodging or accommodation on demand, or that
he or she gave in payment for such food, money, credit, use of ski area
facilities, lodging or accommodation, negotiable paper on which payment
was refused, or that he or she absconded, or departed from, or left,
the premises without paying for such food, money, credit, use of ski
area facilities, lodging or accommodation, or that he or she removed,
or attempted to remove, or caused to be removed, or caused to be
attempted to be removed his or her property or baggage, shall be prima
facie evidence of the fraudulent intent hereinbefore mentioned.
Sec. 147 RCW 19.68.010 and 1993 c 492 s 233 are each amended to
read as follows:
(1) It shall be unlawful for any person, firm, corporation or
association, whether organized as a cooperative, or for profit or
nonprofit, to pay, or offer to pay or allow, directly or indirectly, to
any person licensed by the state of Washington to engage in the
practice of medicine and surgery, drugless treatment in any form,
dentistry, or pharmacy and it shall be unlawful for such person to
request, receive or allow, directly or indirectly, a rebate, refund,
commission, unearned discount or profit by means of a credit or other
valuable consideration in connection with the referral of patients to
any person, firm, corporation or association, or in connection with the
furnishings of medical, surgical or dental care, diagnosis, treatment
or service, on the sale, rental, furnishing or supplying of clinical
laboratory supplies or services of any kind, drugs, medication, or
medical supplies, or any other goods, services or supplies prescribed
for medical diagnosis, care or treatment.
(2) Ownership of a financial interest in any firm, corporation or
association which furnishes any kind of clinical laboratory or other
services prescribed for medical, surgical, or dental diagnosis shall
not be prohibited under this section where (((1))) (a) the referring
practitioner affirmatively discloses to the patient in writing, the
fact that such practitioner has a financial interest in such firm,
corporation, or association; and (((2))) (b) the referring practitioner
provides the patient with a list of effective alternative facilities,
informs the patient that he or she has the option to use one of the
alternative facilities, and assures the patient that he or she will not
be treated differently by the referring practitioner if the patient
chooses one of the alternative facilities.
(3) Any person violating ((the provisions of)) this section is
guilty of a misdemeanor.
Sec. 148 RCW 19.76.110 and 1897 c 38 s 2 are each amended to read
as follows:
It is hereby declared to be unlawful for any person or persons
hereafter, without the written consent of the owner or owners thereof,
to fill with ale, porter, lager beer or soda, mineral water or other
beverages, for sale or to be furnished to customers, any such casks,
barrels, kegs, bottles or boxes so marked or stamped, or to sell,
dispose of, buy or traffic in, or wantonly destroy any such cask,
barrel, keg, bottle or box so marked, stamped, by the owner or owners
thereof, after such owner or owners shall have complied with the
provisions of RCW 19.76.100. ((Any person or persons who shall violate
any of the provisions of RCW 19.76.100 through 19.76.120 shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be
fined five dollars for each and every cask, barrel, keg, or box, and
fifty cents for each and every bottle so by him, her or them filled,
bought, sold, used, trafficked in or wantonly destroyed, together with
costs of suit for first offense, and ten dollars for each and every
cask, barrel, keg and box and one dollar for each and every bottle so
filled, bought, sold, used, trafficked in, or wantonly destroyed,
together with the costs of suit for each subsequent offense.))
NEW SECTION. Sec. 149 A new section is added to chapter 19.76
RCW to read as follows:
Any person who violates RCW 19.76.100 through 19.76.120 is guilty
of a misdemeanor, and upon conviction shall be fined five dollars for
each and every cask, barrel, keg, or box, and fifty cents for each and
every bottle so by him, her, or them filled, bought, sold, used,
trafficked in, or wantonly destroyed, together with costs of suit for
first offense, and ten dollars for each and every cask, barrel, keg,
and box and one dollar for each and every bottle so filled, bought,
sold, used, trafficked in, or wantonly destroyed, together with the
costs of suit for each subsequent offense.
Sec. 150 RCW 19.86.145 and 1989 c 359 s 4 are each amended to
read as follows:
Any violation of RCW 9.08.070, sections 10 through 13 of this act,
or 16.52.220 constitutes an unfair or deceptive practice in violation
of this chapter. The relief available under this chapter for
violations of RCW 9.08.070, sections 10 through 13 of this act, or
16.52.220 by a research institution shall be limited to only monetary
penalties in an amount not to exceed two thousand five hundred dollars.
Sec. 151 RCW 19.100.210 and 1980 c 63 s 2 are each amended to
read as follows:
(1) The attorney general or director may bring an action in the
name of the state against any person to restrain and prevent the doing
of any act herein prohibited or declared to be unlawful. Upon a proper
showing, a permanent or temporary injunction, restraining order, or
writ of mandamus shall be granted and a receiver or conservator may be
appointed for the defendant or the defendant's assets. The prevailing
party may in the discretion of the court recover the costs of such
action including a reasonable attorneys' fee.
(2) Every person who shall violate the terms of any injunction
issued as in this chapter provided shall forfeit and pay a civil
penalty of not more than twenty-five thousand dollars.
(3) Every person who violates RCW 19.100.020, 19.100.080,
19.100.150, and 19.100.170 ((as now or hereafter amended)) shall
forfeit a civil penalty of not more than two thousand dollars for each
violation.
(4) For the purpose of this section the superior court issuing an
injunction shall retain jurisdiction and the cause shall be continued
and in such cases the attorney general or director acting in the name
of the state may petition for the recovery of civil penalties.
(5) In the enforcement of this chapter, the attorney general or
director may accept an assurance of discontinuance with the provisions
of this chapter from any person deemed by the attorney general or
director in violation hereof. Any such assurance shall be in writing,
shall state that the person giving such assurance does not admit to any
violation of this chapter or to any facts alleged by the attorney
general or director, and shall be filed with and subject to the
approval of the superior court of the county in which the alleged
violator resides or has his or her principal place of business, or in
Thurston county. Proof of failure to comply with the assurance of
discontinuance shall be prima facie evidence of a violation of this
chapter.
(((3))) (6) Any person who willfully violates any provision of this
chapter or who willfully violates any rule adopted or order issued
under this chapter is guilty of a class B felony and shall upon
conviction be fined not more than five thousand dollars or imprisoned
for not more than ten years or both, but no person may be imprisoned
for the violation of any rule or order if he or she proves that he or
she had no knowledge of the rule or order. No indictment or
information may be returned under this chapter more than five years
after the alleged violation.
(((4))) (7) Nothing in this chapter limits the power of the state
to punish any person for any conduct which constitutes a crime by
statute or at common law.
Sec. 152 RCW 19.105.480 and 1988 c 159 s 24 are each amended to
read as follows:
(1) Any person who willfully fails to register an offering of
camping resort contracts under this chapter is guilty of a gross
misdemeanor.
(2) It is a gross misdemeanor for any person in connection with the
offer or sale of any camping resort contracts willfully and knowingly:
(((1))) (a) To make any untrue or misleading statement of a
material fact, or to omit to state a material fact necessary in order
to make the statements made, in the light of the circumstances under
which they are made, not misleading;
(((2))) (b) To employ any device, scheme, or artifice to defraud;
(((3))) (c) To engage in any act, practice, or course of business
which operates or would operate as a fraud or deceit upon any person;
(((4))) (d) To file, or cause to be filed, with the director any
document which contains any untrue or misleading information;
(((5))) (e) To breach any impound, escrow, trust, or other security
arrangement provided for by this chapter;
(((6))) (f) To cause the breaching of any trust, escrow, impound,
or other arrangement placed in a registration for compliance with RCW
19.105.336; or
(((7))) (g) To employ unlicensed salespersons or permit
salespersons or employees to make misrepresentations or violate this
chapter.
(3) No indictment or information may be returned under this chapter
more than five years after the date of the event alleged to have been
a violation.
Sec. 153 RCW 19.105.520 and 1988 c 159 s 26 are each amended to
read as follows:
(1) Neither the fact that an application for registration nor the
written disclosures required by this chapter have been filed, nor the
fact that a camping resort contract offering has been effectively
registered or exempted, constitutes a finding by the director that the
offering or any document filed under this chapter is true, complete,
and not misleading, nor does the fact mean that the director has
determined in any way the merits or qualifications of or recommended or
given approval to any person, camping resort operator, or camping
resort contract transaction.
(2) It is a gross misdemeanor to make or cause to be made to any
prospective purchaser any representation inconsistent with this
section.
Sec. 154 RCW 19.110.120 and 1981 c 155 s 12 are each amended to
read as follows:
(1) It is unlawful for any person to:
(((1) To)) (a) Make any untrue or misleading statement of a
material fact or to omit to state a material fact in connection with
the offer, sale, or lease of any business opportunity in the state; or
(((2) To)) (b) Employ any device, scheme, or artifice to defraud;
or
(((3) To)) (c) Engage in any act, practice, or course of business
which operates or would operate as a fraud or deceit upon any person;
or
(((4) To)) (d) Knowingly file or cause to be filed with the
director any document which contains any untrue or misleading
information; or
(((5) To)) (e) Knowingly violate any rule or order of the director.
(2) A violation of this section is a class B felony punishable
according to chapter 9A.20 RCW.
Sec. 155 RCW 19.110.160 and 1981 c 155 s 16 are each amended to
read as follows:
(1)(a) The attorney general, in the name of the state or the
director, or the proper prosecuting attorney may bring an action to
enjoin any person from violating any provision of this chapter. Upon
proper showing, the superior court shall grant a permanent or temporary
injunction, restraining order, or writ of mandamus.
The court may make such additional orders or judgments as may be
necessary to restore to any person in interest and money or property,
real or personal, which may have been acquired by means of an act
prohibited or declared unlawful by this chapter.
The prevailing party may recover costs of the action, including a
reasonable attorney's fee.
(b) The superior court issuing an injunction shall retain
jurisdiction. Any person who violates the terms of an injunction shall
pay a civil penalty of not more than twenty-five thousand dollars.
(2) The attorney general, in the name of the state or the director,
or the proper prosecuting attorney may apply to the superior court to
appoint a receiver or conservator for any person, or the assets of any
person, who is subject to a cease and desist order, permanent or
temporary injunction, restraining order, or writ of mandamus.
(3) Any person who violates any provision of this chapter except as
provided in subsection (1)(b) of this section, is subject to a civil
penalty not to exceed two thousand dollars for each violation. Civil
penalties authorized by this subsection may be imposed in any civil
action brought by the attorney general or proper prosecuting attorney
under this chapter and shall be deposited in the state treasury. Any
action for recovery of such civil penalty shall be commenced within
five years.
(4) ((Any person who violates RCW 19.110.050 or 19.110.070 is
guilty of a gross misdemeanor. Any person who knowingly violates RCW
19.110.050 or 19.110.070 is guilty of a class B felony. Any violation
of RCW 19.110.120 is a class B felony. No indictment or information
for a felony may be returned under this chapter more than five years
after the alleged violation.)) The director may refer evidence concerning violations of this
chapter to the attorney general or proper prosecuting attorney. The
prosecuting attorney, or the attorney general pursuant to authority
granted by RCW 10.01.190, 43.10.230, 43.10.232, and 43.10.234 may, with
or without such reference, institute appropriate criminal proceedings.
(5)
NEW SECTION. Sec. 156 A new section is added to chapter 19.110
RCW to read as follows:
(1) Any person who violates RCW 19.110.050 or 19.110.070 is guilty
of a gross misdemeanor.
(2) Any person who knowingly violates RCW 19.110.050 or 19.110.070
is guilty of a class B felony punishable according to chapter 9A.20
RCW.
(3) No indictment or information for a felony may be returned under
this chapter more than five years after the alleged violation.
Sec. 157 RCW 19.116.080 and 1990 c 44 s 9 are each amended to
read as follows:
(1) Unlawful subleasing ((or unlawful transfer of an ownership
interest in)) of a motor vehicle is a class C felony punishable under
chapter 9A.20 RCW.
(2) Unlawful transfer of an ownership interest in a motor vehicle
is a class C felony punishable under chapter 9A.20 RCW.
Sec. 158 RCW 19.146.050 and 1998 c 311 s 1 are each amended to
read as follows:
(1) All moneys received by a mortgage broker from a borrower for
payment of third-party provider services shall be deemed as held in
trust immediately upon receipt by the mortgage broker. A mortgage
broker shall deposit, prior to the end of the third business day
following receipt of such trust funds, all such trust funds in a trust
account of a federally insured financial institution located in this
state. All trust account funds collected under this chapter must
remain on deposit in a trust account in the state of Washington until
disbursement. The trust account shall be designated and maintained for
the benefit of borrowers. Moneys maintained in the trust account shall
be exempt from execution, attachment, or garnishment. A mortgage
broker shall not in any way encumber the corpus of the trust account or
commingle any other operating funds with trust account funds.
Withdrawals from the trust account shall be only for the payment of
bona fide services rendered by a third-party provider or for refunds to
borrowers.
(2) The director shall make rules which: (((1))) (a) Direct
mortgage brokers how to handle checks and other instruments that are
received by the broker and that combine trust funds with other funds;
and (((2))) (b) permit transfer of trust funds out of the trust account
for payment of other costs only when necessary and only with the prior
express written permission of the borrower.
(3) Any interest earned on the trust account shall be refunded or
credited to the borrowers at closing.
(4) Trust accounts that are operated in a manner consistent with
this section and any rules adopted by the director, are not considered
gross receipts taxable under chapter 82.04 RCW.
(5) A person violating this section is guilty of a class C felony
punishable according to chapter 9A.20 RCW.
Sec. 159 RCW 19.146.110 and 1993 c 468 s 20 are each amended to
read as follows:
Any person who violates any provision of this chapter other than
RCW 19.146.050 or any rule or order of the director ((shall be)) is
guilty of a misdemeanor punishable under chapter 9A.20 RCW. ((Any
person who violates RCW 19.146.050 shall be guilty of a class C felony
under chapter 9A.20 RCW.))
Sec. 160 RCW 19.158.160 and 1989 c 20 s 16 are each amended to
read as follows:
(1) Except as provided in RCW 19.158.150, any person who knowingly
violates any provision of this chapter or who knowingly, directly or
indirectly employs any device, scheme or artifice to deceive in
connection with the offer or sale by any commercial telephone solicitor
((shall be)) is guilty of the following:
(a) If the value of a transaction made in violation of RCW
19.158.040(1) is((:)) less than fifty dollars, the person ((
(a)shall be)) is guilty of
a misdemeanor;
(b) If the value of a transaction made in violation of RCW
19.158.040(1) is fifty dollars or more, then ((such)) the person
((shall be)) is guilty of a gross misdemeanor; and
(c) If the value of a transaction made in violation of RCW
19.158.040(1) is two hundred fifty dollars or more, then ((such)) the
person ((shall be)) is guilty of a class C felony.
(2) When any series of transactions which constitute a violation of
this section would, when considered separately, constitute a series of
misdemeanors or gross misdemeanors because of the value of the
transactions, and the series of transactions are part of a common
scheme or plan, the transactions may be aggregated in one count and the
sum of the value of all the transactions shall be the value considered
in determining whether the violations are to be punished as a class C
felony or a gross misdemeanor.
Sec. 161 RCW 20.01.482 and 1986 c 178 s 1 are each amended to
read as follows:
(1) The director shall have the authority to issue a notice of
civil infraction if an infraction is committed in his or her presence
or, if after investigation, the director has reasonable cause to
believe an infraction has been committed.
(2) It ((shall be)) is a misdemeanor for any person to refuse to
properly identify himself or herself for the purpose of issuance of a
notice of infraction or to refuse to sign the written promise to appear
or respond to a notice of infraction.
(3) Any person willfully violating a written and signed promise to
respond to a notice of infraction ((shall be)) is guilty of a
misdemeanor regardless of the disposition of the notice of infraction.
Sec. 162 RCW 20.01.490 and 1986 c 178 s 5 are each amended to
read as follows:
(1) Any person found to have committed a civil infraction under
this chapter shall be assessed a monetary penalty. No monetary penalty
so assessed may exceed one thousand dollars. The director shall adopt
a schedule of monetary penalties for each violation of this chapter
classified as a civil infraction and shall submit the schedule to the
proper courts. Whenever a monetary penalty is imposed by the court,
the penalty is immediately due and payable. The court may, at its
discretion, grant an extension of time, not to exceed thirty days, in
which the penalty must be paid.
(2) Failure to pay any monetary penalties imposed under this
chapter ((shall be punishable as)) is a misdemeanor.
Sec. 163 RCW 21.20.400 and 1979 ex.s. c 68 s 28 are each amended
to read as follows:
Any person who willfully violates any provision of this chapter
except RCW 21.20.350, or who willfully violates any rule or order under
this chapter, or who willfully violates RCW 21.20.350 knowing the
statement made to be false or misleading in any material respect, is
guilty of a class B felony and shall upon conviction be fined not more
than five thousand dollars or imprisoned not more than ten years, or
both; but no person may be imprisoned for the violation of any rule or
order if that person proves that he or she had no knowledge of the rule
or order. No indictment or information may be returned under this
chapter more than five years after the alleged violation.
Sec. 164 RCW 21.30.140 and 1986 c 14 s 14 are each amended to
read as follows:
A person who willfully violates this chapter, or who willfully
violates a rule or order under this chapter, is guilty of a class B
felony and shall upon conviction be fined not more than twenty thousand
dollars or imprisoned not more than ten years, or both. However, no
person may be imprisoned for the violation of a rule or order if the
person proves that he or she had no knowledge of the rule or order. No
indictment or information may be returned under this chapter more than
five years after the alleged violation.
Sec. 165 RCW 24.06.465 and 1994 c 287 s 11 are each amended to
read as follows:
(1) Each corporation, domestic or foreign, which fails or refuses
to file its annual report for any year within the time prescribed by
this chapter shall be subject to a penalty as established and assessed
by the secretary of state.
(2) Each corporation, domestic or foreign, which fails or refuses
to answer truthfully and fully within the time prescribed by this
chapter any interrogatories propounded by the secretary of state in
accordance with the provisions of this chapter, ((shall be deemed to
be)) is guilty of a misdemeanor and upon conviction thereof shall be
fined in an amount not to exceed five hundred dollars on each count.
Sec. 166 RCW 26.04.210 and 1995 c 301 s 78 are each amended to
read as follows:
(1) The county auditor, before a marriage license is issued, upon
the payment of a license fee as fixed in RCW 36.18.010 shall require
each applicant therefor to make and file in the auditor's office upon
blanks to be provided by the county for that purpose, an affidavit
showing that if an applicant is afflicted with any contagious sexually
transmitted disease, the condition is known to both applicants, and
that the applicants are the age of eighteen years or over. If the
consent in writing is obtained of the father, mother, or legal guardian
of the person for whom the license is required, the license may be
granted in cases where the female has attained the age of seventeen
years or the male has attained the age of seventeen years. Such
affidavit may be subscribed and sworn to before any person authorized
to administer oaths.
(2) Anyone knowingly swearing falsely to any of the statements
contained in the affidavits mentioned in this section ((shall be
deemed)) is guilty of perjury ((and punished as provided by the laws of
the state of Washington)) under chapter 9A.72 RCW.
(((2))) (3) The affidavit form shall be designed to require a
statement that no contagious sexually transmitted disease is present or
that the condition is known to both applicants, without requiring the
applicants to state whether or not either or both of them are afflicted
by such disease.
(4) Any person knowingly violating this section is guilty of a
class C felony and shall be punished by a fine of not more than one
thousand dollars, or by imprisonment in a state correctional facility
for a period of not more than three years, or by both such fine and
imprisonment.
Sec. 167 RCW 28A.405.040 and 1990 c 33 s 384 are each amended to
read as follows:
(1) No person, whose certificate or permit authorizing him or her
to teach in the common schools of this state has been revoked due to
his or her failure to endeavor to impress on the minds of his or her
pupils the principles of patriotism, or to train them up to the true
comprehension of the rights, duty and dignity of American citizenship,
shall be permitted to teach in any common school in this state.
(2) Any person teaching in any school in violation of this section,
and any school director knowingly permitting any person to teach in any
school in violation of this section is guilty of a misdemeanor.
Sec. 168 RCW 28A.635.050 and 1990 c 33 s 537 are each amended to
read as follows:
(1) Except as otherwise provided in chapter 42.23 RCW, it shall be
unlawful for any member of the state board of education, the
superintendent of public instruction or any employee of the
superintendent's office, any educational service district
superintendent, any school district superintendent or principal, or any
director of any school district, to request or receive, directly or
indirectly, anything of value for or on account of his or her influence
with respect to any act or proceeding of the state board of education,
the office of the superintendent of public instruction, any office of
educational service district superintendent or any school district, or
any of these, when such act or proceeding shall inure to the benefit of
those offering or giving the thing of value.
(2) Any willful violation of ((the provisions of)) this section
((shall be)) is a misdemeanor ((and punished as such)).
Sec. 169 RCW 28A.635.090 and 1996 c 321 s 3 are each amended to
read as follows:
(1) It shall be unlawful for any person, singly or in concert with
others, to interfere by force or violence with any administrator,
teacher, classified employee, person under contract with the school or
school district, or student of any common school who is in the peaceful
discharge or conduct of his or her duties or studies. Any such
interference by force or violence committed by a student shall be
grounds for immediate suspension or expulsion of the student.
(2) A person violating this section is guilty of a gross
misdemeanor and shall be fined not more than five hundred dollars, or
imprisoned in jail not more than six months, or both such fine and
imprisonment.
Sec. 170 RCW 28A.635.100 and 1990 c 33 s 541 are each amended to
read as follows:
(1) It shall be unlawful for any person, singly or in concert with
others, to intimidate by threat of force or violence any administrator,
teacher, classified employee, or student of any common school who is in
the peaceful discharge or conduct of his or her duties or studies.
(2) A person violating this section is guilty of a gross
misdemeanor and shall be fined not more than five hundred dollars, or
imprisoned in jail not more than six months, or both such fine and
imprisonment.
Sec. 171 RCW 28B.10.570 and 1971 c 45 s 1 are each amended to
read as follows:
(1) It shall be unlawful for any person, singly or in concert with
others, to interfere by force or violence with any administrator,
faculty member or student of any university, college or community
college who is in the peaceful discharge or conduct of his or her
duties or studies.
(2) A person violating this section is guilty of a gross
misdemeanor and shall be fined not more than five hundred dollars, or
imprisoned in jail not more than six months, or both such fine and
imprisonment.
Sec. 172 RCW 28B.10.571 and 1971 c 45 s 2 are each amended to
read as follows:
(1) It shall be unlawful for any person, singly or in concert with
others, to intimidate by threat of force or violence any administrator,
faculty member or student of any university, college or community
college who is in the peaceful discharge or conduct of his or her
duties or studies.
(2) A person violating this section is guilty of a gross
misdemeanor and shall be fined not more than five hundred dollars, or
imprisoned in jail not more than six months, or both such fine and
imprisonment.
Sec. 173 RCW 28B.10.572 and 1970 ex.s. c 98 s 3 are each amended
to read as follows:
The crimes defined in RCW 28B.10.570 ((through 28B.10.573)) and
28B.10.571 shall not apply to school administrators or teachers who are
engaged in the reasonable exercise of their disciplinary authority.
Sec. 174 RCW 28B.20.320 and 1969 ex.s. c 223 s 28B.20.320 are
each amended to read as follows:
(1) There is hereby created an area of preserve of marine
biological materials useful for scientific purposes, except when
gathered for human food, and except, also, the plant nereocystis,
commonly called "kelp." ((Said)) Such area of preserve shall consist
of the salt waters and the beds and shores of the islands constituting
San Juan county and of Cypress Island in Skagit county.
(2) No person shall gather such marine biological materials from
the area of preserve, except upon permission first granted by the
director of the Friday Harbor Laboratories of the University of
Washington.
(3) A person gathering such marine biological materials contrary to
the terms of this section is guilty of a misdemeanor.
Sec. 175 RCW 28B.85.030 and 1986 c 136 s 3 are each amended to
read as follows:
(1) A degree-granting institution shall not operate and shall not
grant or offer to grant any degree unless the institution has obtained
current authorization from the board.
(2) Any person, group, or entity or any owner, officer, agent, or
employee of such entity who willfully violates this section is guilty
of a gross misdemeanor and shall be punished by a fine not to exceed
one thousand dollars or by imprisonment in the county jail for a term
not to exceed one year, or by both such fine and imprisonment. Each
day on which a violation occurs constitutes a separate violation. The
criminal sanctions may be imposed by a court of competent jurisdiction
in an action brought by the attorney general of this state.
Sec. 176 RCW 29.04.120 and 1999 c 298 s 2 are each amended to
read as follows:
(1) Any person who uses registered voter data furnished under RCW
29.04.100 or 29.04.110 for the purpose of mailing or delivering any
advertisement or offer for any property, establishment, organization,
product, or service or for the purpose of mailing or delivering any
solicitation for money, services, or anything of value ((shall be)) is
guilty of a class C felony punishable by imprisonment in a state
correctional facility for a period of not more than five years or a
fine of not more than ten thousand dollars or both such fine and
imprisonment, and shall be liable to each person provided such
advertisement or solicitation, without the person's consent, for the
nuisance value of such person having to dispose of it, which value is
herein established at five dollars for each item mailed or delivered to
the person's residence: PROVIDED, That any person who mails or
delivers any advertisement, offer or solicitation for a political
purpose shall not be liable under this section, unless the person is
liable under subsection (2) of this section. For purposes of this
subsection, two or more attached papers or sheets or two or more papers
which are enclosed in the same envelope or container or are folded
together shall be deemed to constitute one item. Merely having a
mailbox or other receptacle for mail on or near the person's residence
shall not be any indication that such person consented to receive the
advertisement or solicitation. A class action may be brought to
recover damages under this section and the court may award a reasonable
attorney's fee to any party recovering damages under this section.
(2) It shall be the responsibility of each person furnished data
under RCW 29.04.100 or 29.04.110 to take reasonable precautions
designed to assure that the data is not used for the purpose of mailing
or delivering any advertisement or offer for any property,
establishment, organization, product or service or for the purpose of
mailing or delivering any solicitation for money, services, or anything
of value: PROVIDED, That such data may be used for any political
purpose. Where failure to exercise due care in carrying out this
responsibility results in the data being used for such purposes, then
such person shall be jointly and severally liable for damages under the
provisions of subsection (1) of this section along with any other
person liable under subsection (1) of this section for the misuse of
such data.
Sec. 177 RCW 29.15.100 and 1965 c 9 s 29.18.070 are each amended
to read as follows:
A person is guilty of a class B felony punishable according to
chapter 9A.20 RCW who files a declaration of candidacy for any public
office of:
(1) A nonexistent or fictitious person; or
(2) The name of any person not his or her true name; or
(3) A name similar to that of an incumbent seeking reelection to
the same office with intent to confuse and mislead the electors by
taking advantage of the public reputation of the incumbent; or
(4) A surname similar to one who has already filed for the same
office, and whose political reputation is widely known, with intent to
confuse and mislead the electors by capitalizing on the public
reputation of the candidate who had previously filed.
Sec. 178 RCW 29.15.110 and 1965 c 9 s 29.18.080 are each amended
to read as follows:
Any person who with intent to mislead or confuse the electors
conspires with another person who has a surname similar to an incumbent
seeking reelection to the same office, or to an opponent for the same
office whose political reputation has been well established, by
persuading such other person to file for such office with no intention
of being elected, but to defeat the incumbent or the well known
opponent, ((shall be)) is guilty of a class B felony punishable
according to chapter 9A.20 RCW. In addition thereto such person or
persons shall be subject to a suit for civil damages the amount of
which shall not exceed the salary which the injured person would have
received had he or she been elected or reelected.
Sec. 179 RCW 29.36.370 and 2001 c 241 s 14 are each amended to
read as follows:
(1) A person who willfully violates any provision of this chapter
regarding the assertion or declaration of qualifications to receive or
cast an absentee ballot or unlawfully casts a vote by absentee ballot
is guilty of a class C felony punishable under RCW 9A.20.021.
(2) Except as provided in chapter 29.85 RCW a person who willfully
violates any other provision of this chapter is guilty of a
misdemeanor.
Sec. 180 RCW 29.51.200 and 1981 c 34 s 1 are each amended to read
as follows:
(1) Voting shall be secret except to the extent necessary to assist
sensory or physically handicapped voters.
(2) If any voter declares in the presence of the election officers
that because of sensory or physical handicap he or she is unable to
register or record his or her vote, he or she may designate a person of
his or her choice or two election officers from opposite political
parties to enter the voting machine booth with him or her and record
his or her vote as he or she directs.
(3) A person violating this section is guilty of a misdemeanor.
Sec. 181 RCW 29.51.230 and 1965 c 9 s 29.51.230 are each amended
to read as follows:
(1) It ((shall be)) is unlawful for a voter to:
(((1))) (a) Show his or her ballot after it is marked to any person
in such a way as to reveal the contents thereof or the name of any
candidate for whom he or she has marked his or her vote;
(((2))) (b) Receive a ballot from any person other than the
election officer having charge of the ballots;
(((3))) (c) Vote or offer to vote any ballot except one that he or
she has received from the election officer having charge of the
ballots;
(((4))) (d) Place any mark upon his or her ballot by which it may
afterward be identified as the one voted by him or her;
(((5))) (e) Fail to return to the election officers any ballot he
or she received from an election officer.
(2) A violation of ((any provision of)) this section ((shall be))
is a misdemeanor, punishable by a fine not exceeding one hundred
dollars, plus costs of prosecution.
Sec. 182 RCW 29.79.440 and 1993 c 256 s 2 are each amended to
read as follows:
(1) Every person who signs an initiative or referendum petition
with any other than his or her true name ((shall be)) is guilty of a
class C felony punishable under RCW 9A.20.021.
(2) Every person who knowingly signs more than one petition for the
same initiative or referendum measure or who signs an initiative or
referendum petition knowing that he or she is not a legal voter or who
makes a false statement as to his or her residence on any initiative or
referendum petition, ((shall be)) is guilty of a gross misdemeanor
((punishable to the same extent as a gross misdemeanor that is
punishable under RCW 9A.20.021)).
Sec. 183 RCW 29.82.170 and 1984 c 170 s 11 are each amended to
read as follows:
(1) Every person who signs a recall petition with any other than
his or her true name is guilty of a class B felony punishable according
to chapter 9A.20 RCW.
(2) Every person who knowingly (((1))) (a) signs more than one
petition for the same recall, (((2))) (b) signs a recall petition when
he or she is not a legal voter, or (((3))) (c) makes a false statement
as to his or her residence on any recall petition is guilty of a gross
misdemeanor.
(3) Every registration officer who makes any false report or
certificate on any recall petition is guilty of a gross misdemeanor.
Sec. 184 RCW 30.04.240 and 1994 c 92 s 25 are each amended to
read as follows:
(1) Every corporation doing a trust business shall maintain in its
office a trust department in which it shall keep books and accounts of
its trust business, separate and apart from its other business. Such
books and accounts shall specify the cash, securities and other
properties, real and personal, held in each trust, and such securities
and properties shall be at all times segregated from all other
securities and properties except as otherwise provided in this section.
(2) Any person connected with a bank or trust company who shall,
contrary to this section or any other provision of law, commingle any
funds or securities of any kind held by such corporation in trust, for
safekeeping or as agent for another, with the funds or assets of the
corporation ((shall be)) is guilty of a class B felony punishable
according to chapter 9A.20 RCW.
(((2))) (3) Notwithstanding any other provisions of law, any
fiduciary holding securities in its fiduciary capacity or any state
bank, national bank, or trust company holding securities as fiduciary
or as custodian for a fiduciary is authorized to deposit or arrange for
the deposit of such securities: (a) In a clearing corporation (as
defined in Article 8 of the Uniform Commercial Code, chapter 62A.8
RCW); (b) within another state bank, national bank, or trust company
having trust power whether located inside or outside of this state; or
(c) within itself. When such securities are so deposited, certificates
representing securities of the same class of the same issuer may be
merged and held in bulk in the name of the nominee of such clearing
corporation or state bank, national bank, or trust company holding the
securities as the depository, with any other such securities deposited
in such clearing corporation or depository by any person, regardless of
the ownership of such securities, and certificates of small
denomination may be merged into one or more certificates of larger
denomination. The records of such fiduciary and the records of such
state bank, national bank, or trust company as a fiduciary or as
custodian for a fiduciary shall at all times show the name of the party
for whose account the securities are so deposited. Ownership of, and
other interests in, such securities may be transferred by bookkeeping
entries on the books of such clearing corporation, state bank, national
bank, or trust company without physical delivery or alteration of
certificates representing such securities. A state bank, national
bank, or trust company so depositing securities pursuant to this
section shall be subject to such rules and regulations as, in the case
of state chartered banks and trust companies, the director and, in the
case of national banking associations, the comptroller of the currency
may from time to time issue. A state bank, national bank, or trust
company acting as custodian for a fiduciary shall, on demand by the
fiduciary, certify in writing to the fiduciary the securities so
deposited by such state bank, national bank, or trust company in such
clearing corporation or state bank, national bank, or trust company
acting as such depository for the account of such fiduciary. A
fiduciary shall, on demand by any party to a judicial proceeding for
the settlement of such fiduciary's account or on demand by the attorney
for such party, certify in writing to such party the securities
deposited by such fiduciary in such clearing corporation or state bank,
national bank, or trust company acting as such depository for its
account as such fiduciary.
This subsection shall apply to any fiduciary holding securities in
its fiduciary capacity, and to any state bank, national bank, or trust
company holding securities as a custodian, managing agent, or custodian
for a fiduciary, acting on March 14, 1973 or who thereafter may act
regardless of the date of the agreement, instrument, or court order by
which it is appointed and regardless of whether or not such fiduciary,
custodian, managing agent, or custodian for a fiduciary owns capital
stock of such clearing corporation.
Sec. 185 RCW 30.04.260 and 1974 ex.s. c 117 s 43 are each amended
to read as follows:
(1) No trust company or other corporation which advertises that it
will furnish legal advice, construct or prepare wills, or do other
legal work for its customers, shall be permitted to act as executor,
administrator, or guardian; and any trust company or other corporation
whose officers or agents shall solicit legal business shall be
ineligible for a period of one year thereafter to be appointed
executor, administrator or guardian in any of the courts of this state.
(2) Any trust company or other corporation which advertises that it
will furnish legal advice, construct or prepare wills, or do other
legal work for its customers, and any officer, agent, or employee of
any trust company or corporation who shall solicit legal business
((shall be)) is guilty of a gross misdemeanor.
Sec. 186 RCW 30.12.090 and 1955 c 33 s 30.12.090 are each amended
to read as follows:
Every person who shall knowingly subscribe to or make or cause to
be made any false statement or false entry in the books of any bank or
trust company or shall knowingly subscribe to or exhibit any false or
fictitious paper or security, instrument or paper, with the intent to
deceive any person authorized to examine into the affairs of any bank
or trust company or shall make, state or publish any false statement of
the amount of the assets or liabilities of any bank or trust company
((shall be)) is guilty of a class B felony punishable according to
chapter 9A.20 RCW.
Sec. 187 RCW 30.12.100 and 1994 c 92 s 71 are each amended to
read as follows:
Every officer, director or employee or agent of any bank or trust
company who, for the purpose of concealing any fact or suppressing any
evidence against himself or herself, or against any other person,
abstracts, removes, mutilates, destroys or secretes any paper, book or
record of any bank or trust company, or of the director, or of anyone
connected with his or her office, ((shall be)) is guilty of a class B
felony punishable according to chapter 9A.20 RCW.
Sec. 188 RCW 30.12.120 and 1955 c 33 s 30.12.120 are each amended
to read as follows:
No corporation doing a trust business shall make any loan to any
officer, or employee from its trust funds, nor shall it permit any
officer, or employee to become indebted to it in any way out of its
trust funds. Every officer, director, or employee of any such
corporation, who knowingly violates ((any provision of)) this section,
or who aids or abets any other person in any such violation, ((shall
be)) is guilty of a class B felony punishable according to chapter
9A.20 RCW.
Sec. 189 RCW 30.42.290 and 1994 c 92 s 99 are each amended to
read as follows:
(1) The director shall have the responsibility for assuring
compliance with the provisions of this chapter. An alien bank that
conducts business in this state in violation of any provisions of this
chapter ((shall be)) is guilty of a misdemeanor and in addition thereto
shall be liable in the sum of one hundred dollars per day that each
such offense continues, such sum to be recovered by the attorney
general in a civil action in the name of the state.
(2) Every person who shall knowingly subscribe to or make or cause
to be made any false entry in the books of any alien bank office or
bureau doing business in this state pursuant to this chapter or shall
knowingly subscribe to or exhibit any false or fictitious paper or
security, instrument or paper, with the intent to deceive any person
authorized to examine into the affairs of any such office or bureau or
shall make, state or publish any false statement of the amount of the
assets or liabilities of any such office or bureau ((shall be)) is
guilty of a class B felony punishable according to chapter 9A.20 RCW.
(3) Every director or member of the governing body, officer,
employee or agent of such alien bank operating an office or bureau in
this state who conceals or destroys any fact or otherwise suppresses
any evidence relating to a violation of this chapter is guilty of a
class B felony punishable according to chapter 9A.20 RCW.
(4) Any person who transacts business in this state on behalf of an
alien bank which is subject to the provisions of this chapter, but
which is not authorized to transact such business pursuant to this
chapter is guilty of a misdemeanor and in addition thereto shall be
liable in the sum of one hundred dollars per day for each day that such
offense continues, such sum to be recovered by the attorney general in
a civil action in the name of the state.
Sec. 190 RCW 30.44.110 and 1955 c 33 s 30.44.110 are each amended
to read as follows:
Every transfer of its property or assets by any bank or trust
company in this state, made in contemplation of insolvency, or after it
shall have become insolvent, with a view to the preference of one
creditor over another, or to prevent the equal distribution of its
property and assets among its creditors, shall be void. Every
director, officer, or employee making any such transfer ((shall be)) is
guilty of a class B felony punishable according to chapter 9A.20 RCW.
Sec. 191 RCW 30.44.120 and 1955 c 33 s 30.44.120 are each amended
to read as follows:
An officer, director or employee of any bank or trust company who
shall fraudulently receive for it any deposit, knowing that such bank
or trust company is insolvent, ((shall be)) is guilty of a class B
felony punishable according to chapter 9A.20 RCW.
Sec. 192 RCW 31.12.724 and 1997 c 397 s 86 are each amended to
read as follows:
(1) Every transfer of a credit union's property or assets, and
every assignment by a credit union for the benefit of creditors, made
in contemplation of insolvency, or after it has become insolvent, to
intentionally prefer one creditor over another, or to intentionally
prevent the equal distribution of its property and assets among its
creditors, is void.
(2) Every credit union director, officer, or employee making any
((such)) transfer described in subsection (1) of this section is guilty
of a class B felony punishable according to chapter 9A.20 RCW.
(3) An officer, director, or employee of a credit union who
fraudulently receives any share or deposit on behalf of the credit
union, knowing that the credit union is insolvent, is guilty of a class
B felony punishable according to chapter 9A.20 RCW.
Sec. 193 RCW 31.12.850 and 1997 c 397 s 87 are each amended to
read as follows:
(1)(a) It is unlawful for a director, supervisory committee member,
officer, employee, or agent of a credit union to knowingly violate or
consent to a violation of this chapter.
(b) Unless otherwise provided by law, a violation of this
subsection is a misdemeanor under chapter 9A.20 RCW.
(2)(a) It is unlawful for a person to perform any of the following
acts:
(((a))) (i) To knowingly subscribe to, make, or cause to be made a
false statement or entry in the books of a credit union;
(((b))) (ii) To knowingly make a false statement or entry in a
report required to be made to the director; or
(((c))) (iii) To knowingly exhibit a false or fictitious paper,
instrument, or security to a person authorized to examine a credit
union.
(b) A violation of this subsection is a class C felony under
chapter 9A.20 RCW.
Sec. 194 RCW 32.04.100 and 1955 c 13 s 32.04.100 are each amended
to read as follows:
Every person who knowingly subscribes to or makes or causes to be
made any false statement or false entry in the books of any savings
bank, or knowingly subscribes to or exhibits any false or fictitious
security, document or paper, with the intent to deceive any person
authorized to examine into the affairs of any savings bank, or makes or
publishes any false statement of the amount of the assets or
liabilities of any such savings bank ((shall be)) is guilty of a class
B felony punishable according to chapter 9A.20 RCW.
Sec. 195 RCW 32.04.110 and 1994 c 92 s 299 are each amended to
read as follows:
Every trustee, officer, employee, or agent of any savings bank who
for the purpose of concealing any fact suppresses any evidence against
himself or herself, or against any other person, or who abstracts,
removes, mutilates, destroys, or secretes any paper, book, or record of
any savings bank, or of the director, or anyone connected with his or
her office ((shall be)) is guilty of a class B felony punishable
according to chapter 9A.20 RCW.
Sec. 196 RCW 32.24.080 and 1994 c 92 s 346 are each amended to
read as follows:
(1) Every transfer of its property or assets by any mutual savings
bank in this state, made (((1))) (a) after it has become insolvent,
(((2))) (b) within ninety days before the date the director takes
possession of such savings bank under RCW 32.24.050 or the federal
deposit insurance corporation is appointed as receiver or liquidator of
such savings bank under RCW 32.24.090, and (((3))) (c) with the view to
the preference of one creditor over another or to prevent equal
distribution of its property and assets among its creditors, shall be
void.
(2) Every trustee, officer, or employee making any ((such))
transfer ((shall be)) described in subsection (1) of this section is
guilty of a class B felony punishable according to chapter 9A.20 RCW.
Sec. 197 RCW 33.24.360 and 1994 c 92 s 447 are each amended to
read as follows:
(1) It is unlawful for any acquiring party to acquire control of an
association until thirty days after the date of filing with the
director an application containing substantially all of the following
information and any additional information that the director may
prescribe as necessary or appropriate in the public interest or for the
protection of deposit account holders, borrowers or stockholders:
(a) The identity, character, and experience of each acquiring party
by whom or on whose behalf acquisition is to be made;
(b) The financial and managerial resources and future prospects of
each acquiring party involved in the acquisition;
(c) The terms and conditions of any proposed acquisition and the
manner in which such acquisition is to be made;
(d) The source and amount of the funds or other consideration used
or to be used in making the acquisition and, if any part of these funds
or other consideration has been or is to be borrowed or otherwise
obtained for the purpose of making the acquisition, a description of
the transaction and the names of the parties. However, where a source
of funds is a loan made in the lender's ordinary course of business, if
the person filing the statement so requests, the director shall not
disclose the name of the lender to the public;
(e) Any plans or proposals which any acquiring party making the
acquisition may have to liquidate the association to sell its assets,
to merge it with any company, or to make any other major changes in its
business or corporate structure or management;
(f) The identification of any persons employed, retained or to be
compensated by the acquiring party, or by any person on his or her
behalf, who makes solicitations or recommendations to stockholders for
the purpose of assisting in the acquisition, and brief description of
the terms of such employment, retainer, or arrangements for
compensation;
(g) Copies of all invitations for tenders or advertisements making
a tender offer to stockholders for purchase of their stock to be used
in connection with the proposed acquisition.
(2) When an unincorporated company is required to file the
statements under subsection (1)(a), (b), and (f) of this section, the
director may require that the information be given with respect to each
partner of a partnership or limited partnership, by each member of a
syndicate or group, and by each person who controls a partner or
member. When an incorporated company is required to file the
statements under subsection (1)(a), (b), and (f) of this section, the
director may require that the information be given for the corporation
and for each officer and director of the corporation and for each
person who is directly or indirectly the beneficial owner of twenty-five percent or more of the outstanding voting securities of the
corporation. If any tender offer, request or invitation for tenders or
other agreement to acquire control is proposed to be made by means of
a registration statement under the federal securities act of 1933 (48
Stat. 74, 15 U.S.C. Sec. 77a), as amended, or in circumstances
requiring the disclosure of similar information under the federal
securities exchange act of 1934 (48 Stat. 881; 15 U.S.C. Sec. 77b), as
amended, or in an application filed with the federal home loan bank
board requiring similar disclosure, such registration statement or
application may be filed with the director in lieu of the requirements
of this section.
(((2))) (3) The director shall give notice by mail to all
associations doing business within the state of the filing of an
application to acquire control of an association. The association
shall transmit a check to the director for two hundred dollars when
filing the application to cover the expense of notification. Persons
interested in protesting the application may contact the director in
person or by writing prior to a date which shall be given in the
notice.
(4) Any person who willfully violates this section, or any
regulation or order thereunder, is guilty of a misdemeanor and shall be
fined not more than one thousand dollars for each day during which the
violation continues.
Sec. 198 RCW 35.32A.090 and 1967 c 7 s 11 are each amended to
read as follows:
(1) There shall be no orders, authorizations, allowances, contracts
or payments made or attempted to be made in excess of the expenditure
allowances authorized in the final budget as adopted or modified as
provided in this chapter, and any such attempted excess expenditure
shall be void and shall never be the foundation of a claim against the
city.
(2) Any public official authorizing, auditing, allowing, or paying
any claims or demands against the city in violation of the provisions
of this chapter shall be jointly and severally liable to the city in
person and upon their official bonds to the extent of any payments upon
such claims or demands.
(3) Any person violating any of the provisions of this chapter, in
addition to any other liability or penalty provided therefor, ((shall
be)) is guilty of a misdemeanor.
Sec. 199 RCW 35.36.040 and 1965 c 7 s 35.36.040 are each amended
to read as follows:
(1) The officer whose duty it is to cause any bonds to be printed,
engraved, or lithographed, shall specify in a written order or
requisition to the printer, engraver, or lithographer the number of
bonds to be printed, engraved, or lithographed and the manner of
numbering them.
(2) Every printer, engraver, or lithographer who prints, engraves,
or lithographs a greater number of bonds than that specified or who
prints, engraves, or lithographs more than one bond bearing the same
number ((shall be)) is guilty of a class B felony punishable according
to chapter 9A.20 RCW.
Sec. 200 RCW 35A.36.040 and 1967 ex.s. c 119 s 35A.36.040 are
each amended to read as follows:
(1) The officer of a code city whose duty it is to cause any bonds
to be printed, engraved, or lithographed, shall specify in a written
order or requisition to the printer, engraver, or lithographer the
number of bonds to be printed, engraved or lithographed and the manner
of numbering them.
(2) Every printer, engraver, or lithographer who knowingly prints,
engraves, or lithographs a greater number of bonds than that specified
or who knowingly prints, engraves, or lithographs more than one bond
bearing the same number ((shall be)) is guilty of a class B felony
punishable according to chapter 9A.20 RCW.
Sec. 201 RCW 36.18.170 and 1992 c 7 s 33 are each amended to read
as follows:
Any salaried county or precinct officer, who fails to pay to the
county treasury all sums that have come into the officer's hands for
fees and charges for the county, or by virtue of the officer's office,
whether under the laws of this state or of the United States, ((shall
be)) is guilty of ((embezzlement)) a class C felony, and upon
conviction thereof shall be punished by imprisonment in a state
correctional facility not less than one year nor more than three years:
PROVIDED, That upon conviction, his or her office shall be declared to
be vacant by the court pronouncing sentence.
Sec. 202 RCW 36.28.060 and 1963 c 4 s 36.28.060 are each amended
to read as follows:
(1) The sheriff shall make duplicate receipts for all payments for
his or her services specifying the particular items thereof, at the
time of payment, whether paid by virtue of the laws of this state or of
the United States. Such duplicate receipts shall be numbered
consecutively for each month commencing with number one. One of such
receipts shall have written or printed upon it the word "original"; and
the other shall have written or printed upon it the word "duplicate."
(2) At the time of payment of any fees, the sheriff shall deliver
to the person making payment, either personally or by mail, the copy of
the receipt designated "duplicate."
(3) The receipts designated "original" for each month shall be
attached to the verified statement of fees for the corresponding month
and the sheriff shall file with the county treasurer of his or her
county all original receipts for each month with such verified
statement.
(4) A sheriff shall not receive his or her salary for the preceding
month until the provisions of this section have been complied with.
(5) Any sheriff violating this section, or failing to perform any
of the duties required thereby, is guilty of a misdemeanor and shall be
fined in any sum not less than ten dollars nor more than fifty dollars
for each offense.
Sec. 203 RCW 36.29.060 and 1991 c 245 s 6 are each amended to
read as follows:
(1) Whenever the county treasurer has funds belonging to any fund
upon which "interest-bearing" warrants are outstanding, the treasurer
shall have the discretion to call warrants. The county treasurer shall
give notice as provided for in RCW 36.29.010(4). The treasurer shall
pay on demand, in the order of their issue, any warrants when there
shall be in the treasury sufficient funds applicable to such payment.
(2) Any treasurer who knowingly fails to call for or pay any
warrant in accordance with this section is guilty of a misdemeanor and
shall be fined not less than twenty-five dollars nor more than five
hundred dollars, and such conviction shall be sufficient cause for
removal from office.
Sec. 204 RCW 36.32.210 and 1997 c 245 s 3 are each amended to
read as follows:
(1) Each board of county commissioners of the several counties of
the state of Washington shall, on the first Monday of March of each
year, file with the auditor of the county a statement verified by oath
showing for the twelve months period ending December 31st of the
preceding year, the following:
(((1))) (a) A full and complete inventory of all capitalized assets
shall be kept in accordance with standards established by the state
auditor. This inventory shall be segregated to show the following
subheads:
(((a))) (i) The assets, including equipment, on hand, together with
a statement of the date when acquired, the amount paid therefor, the
estimated life thereof and a sufficient description to fully identify
such property;
(((b))) (ii) All equipment of every kind or nature sold or disposed
of in any manner during such preceding twelve months period, together
with the name of the purchaser, the amount paid therefor, whether or
not the same was sold at public or private sale, the reason for such
disposal and a sufficient description to fully identify the same; and
(((c))) (iii) All the equipment purchased during ((said)) the
period, together with the date of purchase, the amount paid therefor,
whether or not the same was bought under competitive bidding, the price
paid therefor and the probable life thereof, the reason for making the
purchase and a sufficient description to fully identify such property;
and
(((2))) (b) The person to whom such money or any part thereof was
paid and why so paid and the date of such payment.
(2) Inventories shall be filed with the county auditor as a public
record and shall be open to the inspection of the public.
(3) Any county commissioner failing to file such statement or
willfully making any false or incorrect statement therein or aiding or
abetting in the making of any false or incorrect statement is guilty of
a gross misdemeanor.
(4) It is the duty of the prosecuting attorney of each county to
within three days from the calling to his or her attention of any
violation to institute proceedings against such offending official and
in addition thereto to prosecute appropriate action to remove such
commissioner from office.
(5) Any taxpayer of such county is hereby authorized to institute
the action in conjunction with or independent of the action of the
prosecuting attorney.
Sec. 205 RCW 36.68.080 and 1979 ex.s. c 136 s 36 are each amended
to read as follows:
(1) Except as otherwise provided in this section, any person
violating any rules or regulations adopted by the board of county
commissioners relating to parks, playgrounds, or other recreational
facilities ((shall be)) is guilty of a misdemeanor((: PROVIDED,
That)).
(2)(a) Except as provided in (b) of this subsection, violation of
such a rule or regulation relating to traffic including parking,
standing, stopping, and pedestrian offenses is a traffic infraction((,
except that)).
(b) Violation of such a rule or regulation equivalent to those
provisions of Title 46 RCW set forth in RCW 46.63.020 remains a
misdemeanor.
Sec. 206 RCW 36.69.180 and 1979 ex.s. c 136 s 37 are each amended
to read as follows:
(1) Except as otherwise provided in this section, the violation of
any of the rules or regulations of a park and recreation district
adopted by its board for the preservation of order, control of traffic,
protection of life or property, or for the regulation of the use of
park property ((shall constitute)) is a misdemeanor((: PROVIDED,
That)).
(2)(a) Except as provided in (b) of this subsection, violation of
such a rule or regulation relating to traffic including parking,
standing, stopping, and pedestrian offenses is a traffic infraction((,
except that)).
(b) Violation of such a rule or regulation equivalent to those
provisions of Title 46 RCW set forth in RCW 46.63.020 remains a
misdemeanor.
Sec. 207 RCW 36.71.060 and 1963 c 4 s 36.71.060 are each amended
to read as follows:
Every peddler who sells or offers for sale or exposes for sale, at
public or private sale any goods, wares, or merchandise without a
county license, is guilty of a misdemeanor and shall be punished by
imprisonment for not less than thirty days nor more than ninety days or
by fine of not less than fifty dollars nor more than two hundred
dollars or by both.
Sec. 208 RCW 36.75.130 and 1963 c 4 s 36.75.130 are each amended
to read as follows:
(1) No person shall be permitted to build or construct any approach
to any county road without first obtaining permission therefor from the
board.
(2) The boards of the several counties of the state may adopt
reasonable rules for the construction of approaches which, when
complied with, shall entitle a person to build or construct an approach
from any abutting property to any county road. The rules may include
provisions for the construction of culverts under the approaches, the
depth of fills over the culverts, and for such other drainage
facilities as the board deems necessary. The construction of
approaches, culverts, fills, or such other drainage facilities as may
be required, shall be under the supervision of the county road
engineer, and all such construction shall be at the expense of the
person benefited by the construction.
(3) Any person violating this section is guilty of a misdemeanor.
Sec. 209 RCW 38.32.090 and 1989 c 19 s 43 are each amended to
read as follows:
Any physician who shall knowingly make and deliver a false
certificate of physical disability concerning any member of the militia
who shall have been ordered out or summoned for active service ((shall
be)) is guilty of perjury under chapter 9A.72 RCW and, upon conviction,
as an additional penalty, shall forfeit forever his or her license and
right to practice in this state.
Sec. 210 RCW 38.32.120 and 1989 c 19 s 44 are each amended to
read as follows:
(1) The commanding officer at any drill, parade, encampment or
other duty may place in arrest for the time of such drill, parade,
encampment or other duty any person or persons who shall trespass on
the camp grounds, parade grounds, rifle range or armory, or in any way
or manner interrupt or molest the orderly discharge of duty of those on
duty, or who shall disturb or prevent the passage of troops going to or
returning from any regularly ordered tour of duty; and may prohibit and
prevent the sale or use of all spirituous liquors, wines, ale or beer,
or holding of huckster or auction sales, and all gambling therein, and
remove disorderly persons beyond the limits of such parade or
encampment, or within a distance of two miles therefrom, and the
commanding officer shall have full authority to abate as common
nuisances all disorderly places, and bar all unauthorized sales within
such limits.
(2) Any person violating ((any of the provisions of)) this section,
or any order issued in pursuance thereof, ((shall be)) is guilty of a
misdemeanor((,)) and upon conviction shall be fined not more than one
hundred dollars, or imprisoned not more than thirty days, or ((by))
both such fine and imprisonment.
(3) No license or renewal thereof shall be issued or granted to any
person, firm or corporation for the sale of intoxicating or spirituous
liquors within a distance of three hundred feet from any armory used by
the state of Washington for military purposes, without the approval of
the adjutant general.
Sec. 211 RCW 38.52.150 and 1984 c 38 s 14 are each amended to
read as follows:
(1) It shall be the duty of every organization for emergency
management established pursuant to this chapter and of the officers
thereof to execute and enforce such orders, rules, and regulations as
may be made by the governor under authority of this chapter. Each such
organization shall have available for inspection at its office all
orders, rules, and regulations made by the governor, or under his or
her authority.
(2)(a) Except as provided in (b) of this subsection, every
violation of any rule, regulation, or order issued under the authority
of this chapter ((shall constitute)) is a misdemeanor ((and shall be
punishable as such: PROVIDED, That whenever any person shall commit)).
(b) A second offense hereunder the same ((shall constitute)) is a
gross misdemeanor ((and shall be punishable as such)).
Sec. 212 RCW 39.44.101 and 1955 c 375 s 2 are each amended to
read as follows:
Every printer, engraver, or lithographer, who with the intent to
defraud, prints, engraves, or lithographs a facsimile signature upon
any bond or coupon without written order of the issuing authority, or
fails to destroy such plate or plates containing the facsimile
signature upon direction of such issuing authority, ((shall be)) is
guilty of a class B felony punishable according to chapter 9A.20 RCW.
Sec. 213 RCW 39.62.040 and 1969 c 86 s 4 are each amended to read
as follows:
Any person who with intent to defraud uses on a public security or
an instrument of payment:
(1) A facsimile signature, or any reproduction of it, of any
authorized officer, or
(2) Any facsimile seal, or any reproduction of it, of this state or
any of its departments, agencies, counties, cities, towns, municipal
corporations, junior taxing districts, school districts, or other
instrumentalities or of any of its political subdivisions is guilty of
a class B felony punishable according to chapter 9A.20 RCW.
Sec. 214 RCW 40.16.010 and 1992 c 7 s 34 are each amended to read
as follows:
Every person who shall willfully and unlawfully remove, alter,
mutilate, destroy, conceal, or obliterate a record, map, book, paper,
document, or other thing filed or deposited in a public office, or with
any public officer, by authority of law, is guilty of a class C felony
and shall be punished by imprisonment in a state correctional facility
for not more than five years, or by a fine of not more than one
thousand dollars, or by both.
Sec. 215 RCW 40.16.020 and 1992 c 7 s 35 are each amended to read
as follows:
Every officer who shall mutilate, destroy, conceal, erase,
obliterate, or falsify any record or paper appertaining to the
officer's office, or who shall fraudulently appropriate to the
officer's own use or to the use of another person, or secrete with
intent to appropriate to such use, any money, evidence of debt or other
property intrusted to the officer by virtue of the officer's office, is
guilty of a class B felony and shall be punished by imprisonment in a
state correctional facility for not more than ten years, or by a fine
of not more than five thousand dollars, or by both.
Sec. 216 RCW 40.16.030 and 1992 c 7 s 36 are each amended to read
as follows:
Every person who shall knowingly procure or offer any false or
forged instrument to be filed, registered, or recorded in any public
office, which instrument, if genuine, might be filed, registered or
recorded in such office under any law of this state or of the United
States, is guilty of a class C felony and shall be punished by
imprisonment in a state correctional facility for not more than five
years, or by a fine of not more than five thousand dollars, or by both.
Sec. 217 RCW 41.26.062 and 1972 ex.s. c 131 s 10 are each amended
to read as follows:
Any employer, member or beneficiary who shall knowingly make false
statements or shall falsify or permit to be falsified any record or
records of the retirement system in an attempt to defraud the
retirement system, ((shall be)) is guilty of a class B felony
punishable according to chapter 9A.20 RCW.
Sec. 218 RCW 41.32.055 and 1947 c 80 s 67 are each amended to
read as follows:
Any person who shall knowingly make false statements or shall
falsify or permit to be falsified any record or records of the
retirement system in any attempt to defraud such system as a result of
such act, ((shall be)) is guilty of a class B felony punishable
according to chapter 9A.20 RCW.
Sec. 219 RCW 42.20.070 and 1992 c 7 s 37 are each amended to read
as follows:
Every public officer, and every other person receiving money on
behalf or for or on account of the people of the state or of any
department of the state government or of any bureau or fund created by
law in which the people are directly or indirectly interested, or for
or on account of any county, city, town, or any school, diking,
drainage, or irrigation district, who:
(1) ((Shall)) Appropriates to his or her own use or the use of any
person not entitled thereto, without authority of law, any money so
received by him or her as such officer or otherwise; or
(2) ((Shall)) Knowingly keeps any false account, or makes any false
entry or erasure in any account, of or relating to any money so
received by him or her; or
(3) ((Shall)) Fraudulently alters, ((falsify)) falsifies, conceals,
destroys, or obliterates any such account; or
(4) ((Shall)) Willfully omits or refuses to pay over to the state,
its officer or agent authorized by law to receive the same, or to such
county, city, town, or such school, diking, drainage, or irrigation
district or to the proper officer or authority empowered to demand and
receive the same, any money received by him or her as such officer when
it is a duty imposed upon him or her by law to pay over and account for
the same,
is guilty of a class B felony and shall be punished by imprisonment in
a state correctional facility for not more than fifteen years.
Sec. 220 RCW 42.20.090 and 1992 c 7 s 38 are each amended to read
as follows:
Every state, county, city, or town treasurer who willfully
misappropriates any moneys, funds, or securities received by or
deposited with him or her as such treasurer, or who shall be guilty of
any other malfeasance or willful neglect of duty in his or her office,
is guilty of a class C felony and shall be punished by imprisonment in
a state correctional facility for not more than five years or by a fine
of not more than five thousand dollars.
Sec. 221 RCW 43.01.100 and 1965 c 8 s 43.01.100 are each amended
to read as follows:
(1) The inclusion of any question relative to an applicant's race
or religion in any application blank or form for employment or license
required to be filled in and submitted by an applicant to any
department, board, commission, officer, agent, or employee of this
state or the disclosure on any license of the race or religion of the
licensee is hereby prohibited.
(2) A person violating this section is guilty of a misdemeanor.
Sec. 222 RCW 43.06.220 and 1969 ex.s. c 186 s 3 are each amended
to read as follows:
(1) The governor after proclaiming a state of emergency and prior
to terminating such, may, in the area described by the proclamation
issue an order prohibiting:
(((1))) (a) Any person being on the public streets, or in the
public parks, or at any other public place during the hours declared by
the governor to be a period of curfew;
(((2))) (b) Any number of persons, as designated by the governor,
from assembling or gathering on the public streets, parks, or other
open areas of this state, either public or private;
(((3))) (c) The manufacture, transfer, use, possession or
transportation of a molotov cocktail or any other device, instrument or
object designed to explode or produce uncontained combustion;
(((4))) (d) The transporting, possessing or using of gasoline,
kerosene, or combustible, flammable, or explosive liquids or materials
in a glass or uncapped container of any kind except in connection with
the normal operation of motor vehicles, normal home use or legitimate
commercial use;
(((5))) (e) The possession of firearms or any other deadly weapon
by a person (other than a law enforcement officer) in a place other
than that person's place of residence or business;
(((6))) (f) The sale, purchase or dispensing of alcoholic
beverages;
(((7))) (g) The sale, purchase or dispensing of other commodities
or goods, as he or she reasonably believes should be prohibited to help
preserve and maintain life, health, property or the public peace;
(((8))) (h) The use of certain streets, highways or public ways by
the public; and
(((9))) (i) Such other activities as he or she reasonably believes
should be prohibited to help preserve and maintain life, health,
property or the public peace.
(2) In imposing the restrictions provided for by RCW 43.06.010, and
43.06.200 through 43.06.270, the governor may impose them for such
times, upon such conditions, with such exceptions and in such areas of
this state he or she from time to time deems necessary.
(3) Any person willfully violating any provision of an order issued
by the governor under this section ((shall be)) is guilty of a gross
misdemeanor.
Sec. 223 RCW 43.06.230 and 1992 c 7 s 39 are each amended to read
as follows:
After the proclamation of a state of emergency as provided in RCW
43.06.010, any person who maliciously destroys or damages any real or
personal property or maliciously injures another ((shall be)) is guilty
of a class B felony and upon conviction thereof shall be imprisoned in
a state correctional facility for not less than two years nor more than
ten years.
Sec. 224 RCW 43.08.140 and 1992 c 7 s 40 are each amended to read
as follows:
If any person holding the office of state treasurer fails to
account for and pay over all moneys in his or her hands in accordance
with law, or unlawfully converts to his or her own use in any way
whatever, or uses by way of investment in any kind of property, or
loans without authority of law, any portion of the public money
intrusted to him or her for safekeeping, transfer, or disbursement, or
unlawfully converts to his or her own use any money that comes into his
or her hands by virtue of his or her office, the person ((shall be)) is
guilty of ((embezzlement)) a class B felony, and upon conviction
thereof, shall be imprisoned in a state correctional facility not
exceeding fourteen years, and fined a sum equal to the amount
embezzled.
Sec. 225 RCW 43.09.165 and 1995 c 301 s 5 are each amended to
read as follows:
(1) The state auditor, his or her employees and every person
legally appointed to perform such service, may issue subpoenas and
compulsory process and direct the service thereof by any constable or
sheriff, compel the attendance of witnesses and the production of books
and papers before him or her at any designated time and place, and may
administer oaths.
(2) When any person summoned to appear and give testimony neglects
or refuses to do so, or neglects or refuses to answer any question that
may be put to him or her touching any matter under examination, or to
produce any books or papers required, the person making such
examination shall apply to a superior court judge of the proper county
to issue a subpoena for the appearance of such person before him or
her; and the judge shall order the issuance of a subpoena for the
appearance of such person forthwith before him or her to give
testimony; and if any person so summoned fails to appear, or appearing,
refuses to testify, or to produce any books or papers required, he or
she shall be subject to like proceedings and penalties for contempt as
witnesses in the superior court.
(3) Willful false swearing in any such examination ((shall be)) is
perjury ((and punishable as such)) under chapter 9A.72 RCW.
Sec. 226 RCW 43.19.1939 and 1965 c 8 s 43.19.1939 are each
amended to read as follows:
(1) When any competitive bid or bids are to be or have been
solicited, requested, or advertised for by the state under the
provisions of RCW 43.19.190 through 43.19.1939, it shall be unlawful
for any person acting for himself, herself, or as agent of another, to
offer, give, or promise to give, any money, check, draft, property, or
other thing of value, to another for the purpose of inducing such other
person to refrain from submitting any bids upon such purchase or to
enter into any agreement, understanding or arrangement whereby full and
unrestricted competition for the securing of such public work will be
suppressed, prevented, or eliminated; and it shall be unlawful for any
person to solicit, accept or receive any money, check, draft, property,
or other thing of value upon a promise or understanding, express or
implied, that he or she individually or as an agent or officer of
another will refrain from bidding upon such contract, or that he or she
will on behalf of himself, herself, or such others submit or permit
another to submit for him or her any bid upon such purchase in such sum
as to eliminate full and unrestricted competition thereon.
(2) Any person violating ((any provision of)) this section ((shall
be)) is guilty of a misdemeanor.
Sec. 227 RCW 43.22.300 and 1965 c 8 s 43.22.300 are each amended
to read as follows:
(1) The director may issue subpoenas, administer oaths and take
testimony in all matters relating to the duties herein required, such
testimony to be taken in some suitable place in the vicinity to which
testimony is applicable.
(2) Witnesses subpoenaed and testifying before any officer of the
department shall be paid the same fees as witnesses before a superior
court, such payment to be made from the funds of the department.
(3) Any person duly subpoenaed under the provisions of this section
who willfully neglects or refuses to attend or testify at the time and
place named in the subpoena, ((shall be)) is guilty of a misdemeanor,
and, upon conviction thereof, shall be punished by a fine of not less
than twenty-five dollars nor more than one hundred dollars, or by
imprisonment in the county jail not exceeding thirty days.
Sec. 228 RCW 43.22.340 and 2002 c 268 s 6 are each amended to
read as follows:
(1) The director shall adopt specific rules for conversion vending
units and medical units. The rules for conversion vending units and
medical units shall be established to protect the occupants from fire;
to address other life safety issues; and to ensure that the design and
construction are capable of supporting any concentrated load of five
hundred pounds or more.
(2) The director of labor and industries shall adopt rules
governing safety of body and frame design, and the installation of
plumbing, heating, and electrical equipment in mobile homes, commercial
coaches, recreational vehicles, and/or park trailers: PROVIDED, That
the director shall not prescribe or enforce rules governing the body
and frame design of recreational vehicles and park trailers until after
the American National Standards Institute shall have published
standards and specifications upon this subject. The rules shall be
reasonably consistent with recognized and accepted principles of safety
for body and frame design and plumbing, heating, and electrical
installations, in order to protect the health and safety of the people
of this state from dangers inherent in the use of substandard and
unsafe body and frame design, construction, plumbing, heating,
electrical, and other equipment and shall correlate with and, so far as
practicable, conform to the then current standards and specifications
of the American National Standards Institute standards A119.1 for
mobile homes and commercial coaches, A119.2 for recreational vehicles,
and A119.5 for park trailers.
(3) Except as provided in RCW 43.22.436, it shall be unlawful for
any person to lease, sell or offer for sale, within this state, any
mobile homes, commercial coaches, conversion vending units, medical
units, recreational vehicles, and/or park trailers manufactured after
January 1, 1968, containing plumbing, heating, electrical, or other
equipment, and after July 1, 1970, body and frame design or
construction, unless such equipment, design, or construction meets the
requirements of the rules provided for in this section.
(4) Any person violating this section is guilty of a misdemeanor.
Each day upon which a violation occurs shall constitute a separate
violation.
Sec. 229 RCW 43.30.310 and 1987 c 380 s 14 are each amended to
read as follows:
(1) For the promotion of the public safety and the protection of
public property, the department of natural resources may, in accordance
with chapter 34.05 RCW, issue, promulgate, adopt, and enforce rules
pertaining to use by the public of state-owned lands and property which
are administered by the department.
(2)(a) Except as otherwise provided in this subsection, a violation
of any rule adopted under this section ((shall constitute)) is a
misdemeanor ((unless the department specifies)).
(b) Except as provided in (c) of this subsection, the department
may specify by rule, when not inconsistent with applicable statutes,
that violation of ((the)) such a rule is an infraction under chapter
7.84 RCW: PROVIDED, That violation of a rule relating to traffic
including parking, standing, stopping, and pedestrian offenses is a
traffic infraction((, except that)).
(c) Violation of such a rule equivalent to those provisions of
Title 46 RCW set forth in RCW 46.63.020 remains a misdemeanor.
(3) The commissioner of public lands and such of his or her
employees as he or she may designate shall be vested with police powers
when enforcing:
(((1))) (a) The rules of the department adopted under this section;
or
(((2))) (b) The general criminal statutes or ordinances of the
state or its political subdivisions where enforcement is necessary for
the protection of state-owned lands and property.
Sec. 230 RCW 43.43.856 and 1973 1st ex.s. c 202 s 4 are each
amended to read as follows:
(1)(a) On and after April 26, 1973, it shall be unlawful for any
person to divulge specific investigative information pertaining to
activities related to organized crime which he or she has obtained by
reason of public employment with the state of Washington or its
political subdivisions unless such person is authorized or required to
do so by operation of state or federal law.
(b) Any person violating (a) of this subsection ((shall be)) is
guilty of a class B felony punishable according to chapter 9A.20 RCW.
(2) Except as provided in RCW 43.43.854, or pursuant to the rules
of the supreme court of Washington, all of the information and data
collected and processed by the organized crime intelligence unit shall
be confidential and not subject to examination or publication pursuant
to chapter 42.17 RCW (Initiative Measure No. 276).
(3) The chief of the Washington state patrol shall prescribe such
standards and procedures relating to the security of the records and
files of the organized crime intelligence unit, as he or she deems to
be in the public interest with the advice of the governor and the
board.
Sec. 231 RCW 43.70.185 and 2001 c 253 s 2 are each amended to
read as follows:
(1) The department may enter and inspect any property, lands, or
waters, of this state in or on which any marine species are located or
from which such species are harvested, whether recreationally or for
sale or barter, and any land or water of this state which may cause or
contribute to the pollution of areas in or on which such species are
harvested or processed. The department may take any reasonably
necessary samples to determine whether such species or any lot, batch,
or quantity of such species is safe for human consumption.
(2) If the department determines that any species or any lot,
batch, or other quantity of such species is unsafe for human
consumption because consumption is likely to cause actual harm or
because consumption presents a potential risk of substantial harm, the
department may, by order under chapter 34.05 RCW, prohibit or restrict
the commercial or recreational harvest or landing of any marine species
except the recreational harvest of shellfish as defined in chapter
69.30 RCW if taken from privately owned tidelands.
(3) It is unlawful to harvest any marine species in violation of a
departmental order prohibiting or restricting such harvest under this
section or to possess or sell any marine species so harvested.
(4)(a) Any person who sells any marine species taken in violation
of this section is guilty of a gross misdemeanor and subject to the
penalties provided in RCW 69.30.140 and 69.30.150.
(b) Any person who harvests or possesses marine species taken in
violation of this section is guilty of a civil infraction and is
subject to the penalties provided in RCW 69.30.150.
(c) Notwithstanding this section, any person who harvests,
possesses, sells, offers to sell, culls, shucks, or packs shellfish is
subject to the penalty provisions of chapter 69.30 RCW.
(d) Charges shall not be brought against a person under both
chapter 69.30 RCW and this section in connection with this same action,
incident, or event.
(5) The criminal provisions of this section are subject to
enforcement by fish and wildlife officers or ex officio fish and
wildlife officers as defined in RCW 77.08.010.
(6) As used in this section, marine species include all fish,
invertebrate or plant species which are found during any portion of the
life cycle of those species in the marine environment.
Sec. 232 RCW 46.08.170 and 1987 c 202 s 213 are each amended to
read as follows:
(1) Except as provided in subsection (2) of this section, any
violation of a rule or regulation prescribed under RCW 46.08.150 is a
traffic infraction, and the district courts of Thurston county shall
have jurisdiction over such offenses: PROVIDED, That violation of a
rule or regulation relating to traffic including parking, standing,
stopping, and pedestrian offenses is a traffic infraction((, except
that)).
(2) Violation of such a rule or regulation equivalent to those
provisions of Title 46 RCW set forth in RCW 46.63.020 remains a
misdemeanor.
Sec. 233 RCW 46.09.130 and 1994 c 264 s 35 are each amended to
read as follows:
(1) No person may operate a nonhighway vehicle in such a way as to
endanger human life.
(2) No person shall operate a nonhighway vehicle in such a way as
to run down or harass any wildlife or animal, nor carry, transport, or
convey any loaded weapon in or upon, nor hunt from, any nonhighway
vehicle except by permit issued by the director of fish and wildlife
under RCW 77.32.237: PROVIDED, That it shall not be unlawful to carry,
transport, or convey a loaded pistol in or upon a nonhighway vehicle if
the person complies with the terms and conditions of chapter 9.41 RCW.
(3) Violation of this section is a gross misdemeanor.
Sec. 234 RCW 46.10.130 and 1994 c 264 s 37 are each amended to
read as follows:
(1) No person shall operate a snowmobile in such a way as to
endanger human life.
(2) No person shall operate a snowmobile in such a way as to run
down or harass deer, elk, or any wildlife, or any domestic animal, nor
shall any person carry any loaded weapon upon, nor hunt from, any
snowmobile except by permit issued by the director of fish and wildlife
under RCW 77.32.237.
(3) Any person violating ((the provisions of)) this section ((shall
be)) is guilty of a gross misdemeanor.
Sec. 235 RCW 46.12.070 and 2002 c 245 s 2 are each amended to
read as follows:
(1) Upon the destruction of any vehicle issued a certificate of
ownership under this chapter or a license registration under chapter
46.16 RCW, the registered owner and the legal owner shall forthwith and
within fifteen days thereafter forward and surrender the certificate to
the department, together with a statement of the reason for the
surrender and the date and place of destruction. Failure to notify the
department or the possession by any person of any such certificate for
a vehicle so destroyed, after fifteen days following its destruction,
is prima facie evidence of violation of the provisions of this chapter
and constitutes a gross misdemeanor.
(2) Any insurance company settling an insurance claim on a vehicle
that has been issued a certificate of ownership under this chapter or
a certificate of license registration under chapter 46.16 RCW as a
total loss, less salvage value, shall notify the department thereof
within fifteen days after the settlement of the claim. Notification
shall be provided regardless of where or in what jurisdiction the total
loss occurred.
(3) For a motor vehicle having a model year designation at least
six years before the calendar year of destruction, the notification to
the department must include a statement of whether the retail fair
market value of the motor vehicle immediately before the destruction
was at least the then market value threshold amount as defined in RCW
46.12.005.
Sec. 236 RCW 46.12.210 and 1961 c 12 s 46.12.210 are each amended
to read as follows:
Any person who ((shall)) knowingly makes any false statement of a
material fact, either in his or her application for the certificate of
ownership or in any assignment thereof, or who with intent to procure
or pass ownership to a vehicle which he or she knows or has reason to
believe has been stolen, ((shall)) receives or transfers possession of
the same from or to another or who ((shall have)) has in his or her
possession any vehicle which he or she knows or has reason to believe
has been stolen, and who is not an officer of the law engaged at the
time in the performance of his or her duty as such officer, ((shall
be)) is guilty of a class B felony and upon conviction shall be
punished by a fine of not more than five thousand dollars or by
imprisonment for not more than ten years, or both such fine and
imprisonment. This provision shall not exclude any other offenses or
penalties prescribed by any existing or future law for the larceny or
unauthorized taking of a motor vehicle.
Sec. 237 RCW 46.12.220 and 1967 c 32 s 12 are each amended to
read as follows:
Any person who ((shall)) alters or forges or causes to be altered
or forged any certificate issued by the director pursuant to the
provisions of this chapter, or any assignment thereof, or any release
or notice of release of any encumbrance referred to therein, or who
shall hold or use any such certificate or assignment, or release or
notice of release, knowing the same to have been altered or forged,
((shall be)) is guilty of a class B felony punishable according to
chapter 9A.20 RCW.
Sec. 238 RCW 46.16.010 and 2000 c 229 s 1 are each amended to
read as follows:
(1) It is unlawful for a person to operate any vehicle over and
along a public highway of this state without first having obtained and
having in full force and effect a current and proper vehicle license
and display vehicle license number plates therefor as by this chapter
provided.
(2) Failure to make initial registration before operation on the
highways of this state is a misdemeanor, and any person convicted
thereof must be punished by a fine of no less than three hundred thirty
dollars, no part of which may be suspended or deferred.
(3) Failure to renew an expired registration before operation on
the highways of this state is a traffic infraction.
(((2))) (4) The licensing of a vehicle in another state by a
resident of this state, as defined in RCW 46.16.028, evading the
payment of any tax or license fee imposed in connection with
registration, is a gross misdemeanor punishable as follows:
(a) For a first offense, up to one year in the county jail and a
fine equal to twice the amount of delinquent taxes and fees, no part of
which may be suspended or deferred;
(b) For a second or subsequent offense, up to one year in the
county jail and a fine equal to four times the amount of delinquent
taxes and fees, no part of which may be suspended or deferred;
(c) For fines levied under (b) of this subsection, an amount equal
to the avoided taxes and fees owed will be deposited in the vehicle
licensing fraud account created in the state treasury;
(d) The avoided taxes and fees shall be deposited and distributed
in the same manner as if the taxes and fees were properly paid in a
timely fashion.
(((3))) (5) These provisions shall not apply to the following
vehicles:
(a) Electric-assisted bicycles;
(b) Farm vehicles if operated within a radius of fifteen miles of
the farm where principally used or garaged, farm tractors and farm
implements including trailers designed as cook or bunk houses used
exclusively for animal herding temporarily operating or drawn upon the
public highways, and trailers used exclusively to transport farm
implements from one farm to another during the daylight hours or at
night when such equipment has lights that comply with the law;
(c) Spray or fertilizer applicator rigs designed and used
exclusively for spraying or fertilization in the conduct of
agricultural operations and not primarily for the purpose of
transportation, and nurse rigs or equipment auxiliary to the use of and
designed or modified for the fueling, repairing, or loading of spray
and fertilizer applicator rigs and not used, designed, or modified
primarily for the purpose of transportation;
(d) Fork lifts operated during daylight hours on public highways
adjacent to and within five hundred feet of the warehouses which they
serve: PROVIDED FURTHER, That these provisions shall not apply to
vehicles used by the state parks and recreation commission exclusively
for park maintenance and operations upon public highways within state
parks;
(e) "Special highway construction equipment" defined as follows:
Any vehicle which is designed and used primarily for grading of
highways, paving of highways, earth moving, and other construction work
on highways and which is not designed or used primarily for the
transportation of persons or property on a public highway and which is
only incidentally operated or moved over the highway. It includes, but
is not limited to, road construction and maintenance machinery so
designed and used such as portable air compressors, air drills, asphalt
spreaders, bituminous mixers, bucket loaders, track laying tractors,
ditchers, leveling graders, finishing machines, motor graders, paving
mixers, road rollers, scarifiers, earth moving scrapers and carryalls,
lighting plants, welders, pumps, power shovels and draglines, self-propelled and tractor-drawn earth moving equipment and machinery,
including dump trucks and tractor-dump trailer combinations which
either (i) are in excess of the legal width, or (ii) which, because of
their length, height, or unladen weight, may not be moved on a public
highway without the permit specified in RCW 46.44.090 and which are not
operated laden except within the boundaries of the project limits as
defined by the contract, and other similar types of construction
equipment, or (iii) which are driven or moved upon a public highway
only for the purpose of crossing such highway from one property to
another, provided such movement does not exceed five hundred feet and
the vehicle is equipped with wheels or pads which will not damage the
roadway surface.
Exclusions:
"Special highway construction equipment" does not include any of
the following:
Dump trucks originally designed to comply with the legal size and
weight provisions of this code notwithstanding any subsequent
modification which would require a permit, as specified in RCW
46.44.090, to operate such vehicles on a public highway, including
trailers, truck-mounted transit mixers, cranes and shovels, or other
vehicles designed for the transportation of persons or property to
which machinery has been attached.
(((4))) (6) The following vehicles, whether operated solo or in
combination, are exempt from license registration and displaying
license plates as required by this chapter:
(a) A converter gear used to convert a semitrailer into a trailer
or a two-axle truck or tractor into a three or more axle truck or
tractor or used in any other manner to increase the number of axles of
a vehicle. Converter gear includes an auxiliary axle, booster axle,
dolly, and jeep axle.
(b) A tow dolly that is used for towing a motor vehicle behind
another motor vehicle. The front or rear wheels of the towed vehicle
are secured to and rest on the tow dolly that is attached to the towing
vehicle by a tow bar.
Sec. 239 RCW 46.44.175 and 1995 c 38 s 11 are each amended to
read as follows:
(1) Failure of any person or agent acting for a person who causes
to be moved or moves a mobile home as defined in RCW 46.04.302 upon
public highways of this state and failure to comply with any of the
provisions of RCW 46.44.170 and 46.44.173 is a traffic infraction for
which a penalty of not less than one hundred dollars or more than five
hundred dollars shall be assessed. In addition to the above penalty,
the department of transportation or local authority may withhold
issuance of a special permit or suspend a continuous special permit as
provided by RCW 46.44.090 and 46.44.093 for a period of not less than
thirty days.
(2) Any person who shall alter, reuse, transfer, or forge the decal
required by RCW 46.44.170, or who shall display a decal knowing it to
have been forged, reused, transferred, or altered, shall be guilty of
a gross misdemeanor.
(3) Any person or agent who is denied a special permit or whose
special permit is suspended may upon request receive a hearing before
the department of transportation or the local authority having
jurisdiction. The department or the local authority after such hearing
may revise its previous action.
Sec. 240 RCW 46.44.180 and 1980 c 153 s 3 are each amended to
read as follows:
(1) It is unlawful for a person, other than an employee of a dealer
or other principal licensed to transport mobile homes within this state
acting within the course of employment with the principal, to operate
a pilot vehicle accompanying a mobile home, as defined in RCW
46.04.302, being transported on the public highways of this state,
without maintaining insurance for the pilot vehicle in the minimum
amounts of:
(a) One hundred thousand dollars for bodily injury to or death of
one person in any one accident;
(b) Three hundred thousand dollars for bodily injury to or death of
two or more persons in any one accident; and
(c) Fifty thousand dollars for damage to or destruction of property
of others in any one accident.
(2) Satisfactory evidence of the insurance shall be carried at all
times by the operator of the pilot vehicle, which evidence shall be
displayed upon demand by a police officer.
(3) Failure to maintain the insurance as required by this section
is a gross misdemeanor.
(4) Failure to carry or disclose the evidence of the insurance as
required by this section is a misdemeanor.
Sec. 241 RCW 46.52.010 and 1979 ex.s. c 136 s 79 are each amended
to read as follows:
(1) The operator of any vehicle which collided with any other
vehicle which is unattended shall immediately stop and shall then and
there either locate and notify the operator or owner of such vehicle of
the name and address of the operator and owner of the vehicle striking
the unattended vehicle or shall leave in a conspicuous place in the
vehicle struck a written notice, giving the name and address of the
operator and of the owner of the vehicle striking such other vehicle.
(2) The driver of any vehicle involved in an accident resulting
only in damage to property fixed or placed upon or adjacent to any
public highway shall take reasonable steps to locate and notify the
owner or person in charge of such property of such fact and of the name
and address of the operator and owner of the vehicle striking such
property, or shall leave in a conspicuous place upon the property
struck a written notice, giving the name and address of the operator
and of the owner of the vehicle so striking the property, and such
person shall further make report of such accident as in the case of
other accidents upon the public highways of this state.
(3) Any person violating ((the provisions of)) this section is
guilty of a misdemeanor.
Sec. 242 RCW 46.52.090 and 1983 c 142 s 1 are each amended to
read as follows:
(1) Any person, firm, corporation, or association engaged in the
business of repairs of any kind to vehicles or any person, firm,
corporation, or association which may at any time engage in any kind of
major repair, restoration, or substantial alteration to a vehicle
required to be licensed or registered under this title shall maintain
verifiable records regarding the source of used major component parts
used in such repairs, restoration, or alteration. Satisfactory records
include but are not limited to personal identification of the seller if
such parts were acquired from other than a ((motor)) vehicle wrecker
licensed under chapter 46.80 RCW, signed work orders, and bills of sale
signed by the seller whose identity and address has been verified
describing parts acquired, and the make, model, and vehicle
identification number of a vehicle from which the following parts are
removed: (((1))) (a) Engines and short blocks, (((2))) (b) frames,
(((3))) (c) transmissions and transfer cases, (((4))) (d) cabs, (((5)))
(e) doors, (((6))) (f) front or rear differentials, (((7))) (g) front
or rear clips, (((8))) (h) quarter panels or fenders, (((9))) (i)
bumpers, (((10))) (j) truck beds or boxes, (((11))) (k) seats, and
(((12))) (l) hoods.
((Such records)) (2) The records required under subsection (1) of
this section shall be kept for a period of four years and shall be made
available for inspection by a law enforcement officer during ordinary
business hours.
((The acquisition of)) (3) It is a gross misdemeanor to: (a)
Acquire a part without a substantiating bill of sale or invoice from
the parts supplier or ((failure)) fail to comply with any rules adopted
under this section ((is a gross misdemeanor. Failure)); (b) fail to
obtain the vehicle identification number for those parts requiring that
it be obtained ((is a gross misdemeanor. Failure)); or (c) fail to
keep records for four years or to make such records available during
normal business hours to a law enforcement officer ((is a gross
misdemeanor)).
(3) The chief of the Washington state patrol shall adopt rules for
the purpose of regulating record-keeping and parts acquisition by
vehicle repairers, restorers, rebuilders, or those who perform
substantial vehicle alterations.
(4) The provisions of this section do not apply to major repair,
restoration, or alteration of a vehicle thirty years of age or older.
Sec. 243 RCW 46.55.020 and 1989 c 111 s 2 are each amended to
read as follows:
(1) A person shall not engage in or offer to engage in the
activities of a registered tow truck operator without a current
registration certificate from the department of licensing authorizing
him or her to engage in such activities.
(2) Any person engaging in or offering to engage in the activities
of a registered tow truck operator without the registration certificate
required by this chapter is guilty of a gross misdemeanor.
(3) A registered operator who engages in a business practice that
is prohibited under this chapter may be issued a notice of traffic
infraction under chapter 46.63 RCW and is also subject to the civil
penalties that may be imposed by the department under this chapter.
(4) A person found to have committed an offense that is a traffic
infraction under this chapter is subject to a monetary penalty of at
least two hundred fifty dollars.
(5) All traffic infractions issued under this chapter shall be
under the jurisdiction of the district court in whose jurisdiction they
were issued.
Sec. 244 RCW 46.61.015 and 2000 c 239 s 4 are each amended to
read as follows:
(1) No person shall willfully fail or refuse to comply with any
lawful order or direction of any duly authorized flagger or any police
officer or fire fighter invested by law with authority to direct,
control, or regulate traffic.
(2) A violation of this section is a misdemeanor.
Sec. 245 RCW 46.61.020 and 1995 c 50 s 2 are each amended to read
as follows:
(1) It is unlawful for any person while operating or in charge of
any vehicle to refuse when requested by a police officer to give his or
her name and address and the name and address of the owner of such
vehicle, or for such person to give a false name and address, and it is
likewise unlawful for any such person to refuse or neglect to stop when
signaled to stop by any police officer or to refuse upon demand of such
police officer to produce his or her certificate of license
registration of such vehicle, his or her insurance identification card,
or his or her vehicle driver's license or to refuse to permit such
officer to take any such license, card, or certificate for the purpose
of examination thereof or to refuse to permit the examination of any
equipment of such vehicle or the weighing of such vehicle or to refuse
or neglect to produce the certificate of license registration of such
vehicle, insurance card, or his or her vehicle driver's license when
requested by any court. Any police officer shall on request produce
evidence of his or her authorization as such.
(2) A violation of this section is a misdemeanor.
Sec. 246 RCW 46.61.685 and 1990 c 250 s 57 are each amended to
read as follows:
(1) It is unlawful for any person, while operating or in charge of
a vehicle, to park or willfully allow such vehicle to stand upon a
public highway or in a public place with its motor running, leaving a
minor child or children under the age of sixteen years unattended in
the vehicle.
(2) Any person violating ((the provisions of)) this section is
guilty of a misdemeanor. Upon a second or subsequent conviction for a
violation of this section, the department shall revoke the operator's
license of such person.
Sec. 247 RCW 46.64.010 and 1961 c 12 s 46.64.010 are each amended
to read as follows:
(1) Every traffic enforcement agency in this state shall provide in
appropriate form traffic citations containing notices to appear which
shall be issued in books with citations in quadruplicate and meeting
the requirements of this section. The chief administrative officer of
every such traffic enforcement agency shall be responsible for the
issuance of such books and shall maintain a record of every such book
and each citation contained therein issued to individual members of the
traffic enforcement agency and shall require and retain a receipt for
every book so issued.
(2) Every traffic enforcement officer upon issuing a traffic
citation to an alleged violator of any provision of the motor vehicle
laws of this state or of any traffic ordinance of any city or town
shall deposit the original or a copy of such traffic citation with a
court having competent jurisdiction over the alleged offense or with
its traffic violations bureau. Upon the deposit of the original or a
copy of such traffic citation with a court having competent
jurisdiction over the alleged offense or with its traffic violations
bureau as aforesaid, ((said)) the original or copy of such traffic
citation may be disposed of only by trial in ((said)) the court or
other official action by a judge of ((said)) the court, including
forfeiture of the bail or by the deposit of sufficient bail with or
payment of a fine to ((said)) the traffic violations bureau by the
person to whom such traffic citation has been issued by the traffic
enforcement officer.
(3) It shall be unlawful and official misconduct for any traffic
enforcement officer or other officer or public employee to dispose of
a traffic citation or copies thereof or of the record of the issuance
of the same in a manner other than as required ((herein)) in this
section.
(4) The chief administrative officer of every traffic enforcement
agency shall require the return to him or her of a copy of every
traffic citation issued by an officer under his or her supervision to
an alleged violator of any traffic law or ordinance and of all copies
of every traffic citation which has been spoiled or upon which any
entry has been made and not issued to an alleged violator. Such chief
administrative officer shall also maintain or cause to be maintained in
connection with every traffic citation issued by an officer under his
or her supervision a record of the disposition of the charge by the
court or its traffic violations bureau in which the original or copy of
the traffic citation was deposited.
(5) Any person who cancels or solicits the cancellation of any
traffic citation, in any manner other than as provided in this section,
((shall be)) is guilty of a misdemeanor.
(6) Every record of traffic citations required in this section
shall be audited monthly by the appropriate fiscal officer of the
government agency to which the traffic enforcement agency is
responsible.
Sec. 248 RCW 46.68.010 and 1997 c 22 s 1 are each amended to read
as follows:
(1) Whenever any license fee, paid under the provisions of this
title, has been erroneously paid, either wholly or in part, the payor
is entitled to have refunded the amount so erroneously paid.
(2) A license fee is refundable in one or more of the following
circumstances: (((1))) (a) If the vehicle for which the renewal
license was purchased was destroyed before the beginning date of the
registration period for which the renewal fee was paid; (((2))) (b) if
the vehicle for which the renewal license was purchased was permanently
removed from the state before the beginning date of the registration
period for which the renewal fee was paid; (((3))) (c) if the vehicle
license was purchased after the owner has sold the vehicle; (((4))) (d)
if the vehicle is currently licensed in Washington and is subsequently
licensed in another jurisdiction, in which case any full months of
Washington fees between the date of license application in the other
jurisdiction and the expiration of the Washington license are
refundable; or (((5))) (e) if the vehicle for which the renewal license
was purchased is sold before the beginning date of the registration
period for which the renewal fee was paid, and the payor returns the
new, unused, never affixed license renewal tabs to the department
before the beginning of the registration period for which the
registration was purchased.
(3) Upon the refund being certified to the state treasurer by the
director as correct and being claimed in the time required by law the
state treasurer shall mail or deliver the amount of each refund to the
person entitled thereto. No claim for refund shall be allowed for such
erroneous payments unless filed with the director within three years
after such claimed erroneous payment was made.
(4) If due to error a person has been required to pay a vehicle
license fee under this title and an excise tax under Title 82 RCW that
amounts to an overpayment of ten dollars or more, that person shall be
entitled to a refund of the entire amount of the overpayment,
regardless of whether a refund of the overpayment has been requested.
(5) If due to error the department or its agent has failed to
collect the full amount of the license fee and excise tax due and the
underpayment is in the amount of ten dollars or more, the department
shall charge and collect such additional amount as will constitute full
payment of the tax and fees.
(6) Any person who makes a false statement under which he or she
obtains a refund to which he or she is not entitled under this section
is guilty of a gross misdemeanor.
Sec. 249 RCW 46.70.021 and 1993 c 307 s 4 are each amended to
read as follows:
(1) It is unlawful for any person, firm, or association to act as
a vehicle dealer or vehicle manufacturer, to engage in business as
such, serve in the capacity of such, advertise himself, herself, or
themselves as such, solicit sales as such, or distribute or transfer
vehicles for resale in this state, without first obtaining and holding
a current license as provided in this chapter, unless the title of the
vehicle is in the name of the seller.
(2) It is unlawful for any person other than a licensed vehicle
dealer to display a vehicle for sale unless the registered owner or
legal owner is the displayer or holds a notarized power of attorney.
(3)(a) Except as provided in (b) of this subsection, a person or
firm engaged in buying and offering for sale, or buying and selling
five or more vehicles in a twelve-month period, or in any other way
engaged in dealer activity without holding a vehicle dealer license, is
guilty of a gross misdemeanor, and upon conviction ((is)) subject to a
fine of up to five thousand dollars for each violation and up to one
year in jail.
(b) A second offense is a class C felony punishable under chapter
9A.20 RCW.
(4) A violation of this section is also a per se violation of
chapter 19.86 RCW and is considered a deceptive practice.
(5) The department of licensing, the Washington state patrol, the
attorney general's office, and the department of revenue shall
cooperate in the enforcement of this section.
(6) A distributor, factory branch, or factory representative shall
not be required to have a vehicle manufacturer license so long as the
vehicle manufacturer so represented is properly licensed pursuant to
this chapter.
(7) Nothing in this chapter prohibits financial institutions from
cooperating with vehicle dealers licensed under this chapter in dealer
sales or leases. However, financial institutions shall not broker
vehicles and cooperation is limited to organizing, promoting, and
financing of such dealer sales or leases.
Sec. 250 RCW 46.72.100 and 2002 c 86 s 293 are each amended to
read as follows:
(1) In addition to the unprofessional conduct specified in RCW
18.235.130, the director may take disciplinary action if he or she has
good reason to believe that one of the following is true of the
operator or the applicant for a permit or certificate: (((1))) (a) He
or she is guilty of committing two or more offenses for which mandatory
revocation of driver's license is provided by law; (((2))) (b) he or
she has been convicted of vehicular homicide or vehicular assault;
(((3))) (c) he or she is intemperate or addicted to the use of
narcotics.
(2) Any for hire operator who operates a for hire vehicle without
first having filed a bond or insurance policy and having received a for
hire permit and a for hire certificate as required by this chapter is
guilty of a gross misdemeanor, and upon conviction shall be punished by
imprisonment in jail for a period not exceeding ninety days or a fine
of not exceeding five hundred dollars, or both fine and imprisonment.
Sec. 251 RCW 46.72A.060 and 1996 c 87 s 9 are each amended to
read as follows:
(1) The department shall require limousine carriers to obtain and
continue in effect, liability and property damage insurance from a
company licensed to sell liability insurance in this state for each
limousine used to transport persons for compensation.
(2) The department shall fix the amount of the insurance policy or
policies, giving consideration to the character and amount of traffic,
the number of persons affected, and the degree of danger that the
proposed operation involves. The limousine carrier must maintain the
liability and property damage insurance in force on each motor-propelled vehicle while so used.
(3) Failure to file and maintain in effect ((this)) the insurance
required under this section is a gross misdemeanor.
Sec. 252 RCW 46.72A.070 and 1996 c 87 s 10 are each amended to
read as follows:
(1) If the limousine carrier substitutes a liability and property
damage insurance policy after a vehicle certificate has been issued, a
new vehicle certificate is required. The limousine carrier shall
submit the substituted policy to the department for approval, together
with a fee. If the department approves the substituted policy, the
department shall issue a new vehicle certificate.
(2) If a vehicle certificate has been lost, destroyed, or stolen,
a duplicate vehicle certificate may be obtained by filing an affidavit
of loss and paying a fee.
(3)(a) Except as provided in (b) of this subsection, a limousine
carrier who operates a vehicle without first having received a vehicle
certificate as required by this chapter is guilty of a misdemeanor ((on
the first offense and)).
(b) A second or subsequent offense is a gross misdemeanor ((on a
second or subsequent offense)).
Sec. 253 RCW 46.80.020 and 1995 c 256 s 5 are each amended to
read as follows:
(1) It is unlawful for a person to engage in the business of
wrecking vehicles without having first applied for and received a
license.
(2)(a) Except as provided in (b) of this subsection, a person or
firm engaged in the unlawful activity described in this section is
guilty of a gross misdemeanor.
(b) A second or subsequent offense is a class C felony punishable
according to chapter 9A.20 RCW.
Sec. 254 RCW 46.80.190 and 1995 c 256 s 20 are each amended to
read as follows:
(1) The department of licensing or its authorized agent may examine
or subpoena any persons, books, papers, records, data, vehicles, or
vehicle parts bearing upon the investigation or proceeding under this
chapter.
(2) The persons subpoenaed may be required to testify and produce
any books, papers, records, data, vehicles, or vehicle parts that the
director deems relevant or material to the inquiry.
(3) The director or an authorized agent may administer an oath to
the person required to testify, and a person giving false testimony
after the administration of the oath is guilty of perjury in the first
degree under RCW 9A.72.020.
(4) A court of competent jurisdiction may, upon application by the
director, issue to a person who fails to comply, an order to appear
before the director or officer designated by the director, to produce
documentary or other evidence touching the matter under investigation
or in question.
Sec. 255 RCW 46.87.260 and 1987 c 244 s 39 are each amended to
read as follows:
Any person who alters or forges or causes to be altered or forged
any cab card, letter of authority, or other temporary authority issued
by the department under this chapter or holds or uses a cab card,
letter of authority, or other temporary authority, knowing the document
to have been altered or forged, is guilty of a class B felony
punishable according to chapter 9A.20 RCW.
Sec. 256 RCW 46.87.290 and 1997 c 183 s 6 are each amended to
read as follows:
(1) If the department determines at any time that an applicant for
proportional registration of a vehicle or a fleet of vehicles is not
entitled to a cab card for a vehicle or fleet of vehicles, the
department may refuse to issue the cab card(s) or to license the
vehicle or fleet of vehicles and may for like reason, after notice, and
in the exercise of discretion, cancel the cab card(s) and license
plate(s) already issued. The department shall send the notice of
cancellation by first class mail, addressed to the owner of the vehicle
in question at the owner's address as it appears in the proportional
registration records of the department, and record the transmittal on
an affidavit of first class mail. It is then unlawful for any person
to remove, drive, or operate the vehicle(s) until a proper
certificate(s) of registration or cab card(s) has been issued.
(2) Any person removing, driving, or operating the vehicle(s) after
the refusal of the department to issue a cab card(s), certificate(s) of
registration, license plate(s), or the revocation or cancellation of
the cab card(s), certificate(s) of registration, or license plate(s) is
guilty of a gross misdemeanor.
(3) At the discretion of the department, a vehicle that has been
moved, driven, or operated in violation of this section may be
impounded by the Washington state patrol, county sheriff, or city
police in a manner directed for such cases by the chief of the
Washington state patrol until proper registration and license plate
have been issued.
Sec. 257 RCW 47.36.180 and 1984 c 7 s 201 are each amended to
read as follows:
(1) It is unlawful to erect or maintain at or near a city street,
county road, or state highway any structure, sign, or device:
(((1))) (a) Visible from a city street, county road, or state
highway and simulating any directional, warning, or danger sign or
light likely to be mistaken for such a sign or bearing any such words
as "danger," "stop," "slow," "turn," or similar words, figures, or
directions likely to be construed as giving warning to traffic;
(((2))) (b) Visible from a city street, county road, or state
highway and displaying any red, green, blue, or yellow light or
intermittent or blinking light or rotating light identical or similar
in size, shape, and color to that used on any emergency vehicle or road
equipment or any light otherwise likely to be mistaken for a warning,
danger, directional, or traffic control signal or sign;
(((3))) (c) Visible from a city street, county road, or state
highway and displaying any lights tending to blind persons operating
vehicles upon the highway, city street, or county road, or any glaring
light, or any light likely to be mistaken for a vehicle upon the
highway or otherwise to be so mistaken as to constitute a danger; or
(((4))) (d) Visible from a city street, county road, or state
highway and flooding or intending to flood or directed across the
roadway of the highway with a directed beam or diffused light, whether
or not the flood light is shielded against directing its flood beam
toward approaching traffic on the highway, city street, or county road.
(2) Any structure or device erected or maintained contrary to the
provisions of this section is a public nuisance, and the department,
the chief of the Washington state patrol, the county sheriff, or the
chief of police of any city or town shall notify the owner thereof that
it constitutes a public nuisance and must be removed, and if the owner
fails to do so, the department, the chief of the Washington state
patrol, the county sheriff, or the chief of police of any city or town
may abate the nuisance.
(3) If the owner fails to remove any ((such)) structure or device
within fifteen days after being notified to remove the structure or
device as provided in this section, he or she is guilty of a
misdemeanor.
Sec. 258 RCW 47.36.200 and 1984 c 7 s 202 are each amended to
read as follows:
(1) When construction, repair, or maintenance work is conducted on
or adjacent to a public highway, county road, street, bridge, or other
thoroughfare commonly traveled and when the work interferes with the
normal and established mode of travel on the highway, county road,
street, bridge, or thoroughfare, the location shall be properly posted
by prominently displayed signs or flagmen or both. Signs used for
posting in such an area shall be consistent with the provisions found
in the state of Washington "Manual on Uniform Traffic Control Devices
for Streets and Highways" obtainable from the department of
transportation.
(2) Any contractor, firm, corporation, political subdivision, or
other agency performing such work shall comply with this section.
(3) Each driver of a motor vehicle used in connection with such
construction, repair, or maintenance work shall obey traffic signs
posted for, and flaggers stationed at such location in the same manner
and under the same restrictions as is required for the driver of any
other vehicle.
(4) A violation of or a failure to comply with this section is a
misdemeanor. Each day upon which there is a violation, or there is a
failure to comply, constitutes a separate violation.
Sec. 259 RCW 47.36.250 and 1987 c 330 s 747 are each amended to
read as follows:
(1) If the department or its delegate determines at any time for
any part of the public highway system that the unsafe conditions of the
roadway require particular tires, tire chains, or traction equipment in
addition to or beyond the ordinary pneumatic rubber tires, the
department may establish the following recommendations or requirements
with respect to the use of such equipment for all persons using such
public highway:
(((1))) (a) Dangerous road conditions, chains or other approved
traction devices recommended.
(((2))) (b) Dangerous road conditions, chains or other approved
traction devices required.
(((3))) (c) Dangerous road conditions, chains required.
(2) Any equipment that may be required by this section shall be
approved by the state patrol as authorized under RCW 46.37.420.
(3) The department shall place and maintain signs and other traffic
control devices on the public highways that indicate the tire, tire
chain, or traction equipment recommendation or requirement determined
under this section. Such signs or traffic control devices shall in no
event prohibit the use of studded tires from November 1st to April 1st,
but when the department determines that chains are required and that no
other traction equipment will suffice, the requirement is applicable to
all types of tires including studded tires. The signs or traffic
control devices may specify different recommendations or requirements
for four wheel drive vehicles in gear.
(4) Failure to obey a requirement indicated by a sign or other
traffic control device placed or maintained under this section is a
misdemeanor.
Sec. 260 RCW 47.38.010 and 1993 c 116 s 1 are each amended to
read as follows:
(1) Pursuant to chapter 34.05 RCW, the department and the
Washington state patrol shall jointly adopt rules governing the conduct
and the safety of the traveling public relating to the use and control
of rest areas and other areas as designated in RCW 47.12.250. Nothing
herein may be construed as limiting the powers of the department as
provided by law.
(2) Except as otherwise provided in this section, any person
violating this section or any rule or regulation adopted pursuant to
this section is guilty of a misdemeanor.
(3)(a) Except as provided in (b) of this subsection, violation of
such a rule or regulation relating to traffic including parking,
standing, stopping, and pedestrian offenses is a traffic infraction.
(b) Violation of such a rule or regulation equivalent to those
provisions of Title 46 RCW set forth in RCW 46.63.020 remains a
misdemeanor.
Sec. 261 RCW 47.41.070 and 1984 c 7 s 220 are each amended to
read as follows:
(1) If the owner of the land upon which any such junkyard is
located, or the operator thereof, as the case may be, fails to comply
with the notice or remove any such junk within the time provided in
this chapter after being so notified, he or she is guilty of a
misdemeanor. In addition to the penalties imposed by law upon
conviction, an order may be entered compelling compliance with this
chapter. Each day the junkyard is maintained in a manner so as not to
comply with this chapter constitutes a separate offense.
(2) If the operator of the junkyard or the owner of the property
upon which it is located, as the case may be, is not found or refuses
receipt of the notice, the department, the chief of the Washington
state patrol, the county sheriff, or the chief of police of any city or
town shall post the property upon which it is located with a notice
that the junkyard constitutes a public nuisance and that the junk
thereon must be removed as provided in this chapter. If the notice is
not complied with, the department, the chief of the Washington state
patrol, the county sheriff, or the chief of police of any city or town
shall abate the nuisance and remove the junk, and for that purpose may
enter upon private property without incurring liability for doing so.
Sec. 262 RCW 47.52.120 and 1987 c 330 s 748 are each amended to
read as follows:
(1) After the opening of any limited access highway facility, it
shall be unlawful for any person (((1))) to: (a) Drive a vehicle over,
upon, or across any curb, central dividing section, or other separation
or dividing line on limited access facilities; (((2) to)) (b) make a
left turn or semicircular or U-turn except through an opening provided
for that purpose in the dividing curb section, separation, or line;
(((3) to)) (c) drive any vehicle except in the proper lane provided for
that purpose and in the proper direction and to the right of the
central dividing curb, separation section, or line; (((4) to)) (d)
drive any vehicle into the limited access facility from a local service
road except through an opening provided for that purpose in the
dividing curb, dividing section, or dividing line which separates such
service road from the limited access facility proper; (((5) to)) (e)
stop or park any vehicle or equipment within the right of way of such
facility, including the shoulders thereof, except at points specially
provided therefor, and to make only such use of such specially provided
stopping or parking points as is permitted by the designation thereof:
PROVIDED, That this subsection (1)(e) shall not apply to authorized
emergency vehicles, law enforcement vehicles, assistance vans, or to
vehicles stopped for emergency causes or equipment failures; (((6) to))
(f) travel to or from such facility at any point other than a point
designated by the establishing authority as an approach to the facility
or to use an approach to such facility for any use in excess of that
specified by the establishing authority.
(2) For the purposes of this section, an assistance van is a
vehicle rendering aid free of charge to vehicles with equipment or fuel
problems. The state patrol shall establish by rule additional
standards and operating procedures, as needed, for assistance vans.
(3) Any person who violates ((any of the provisions of)) this
section is guilty of a misdemeanor and upon arrest and conviction
therefor shall be punished by a fine of not less than five dollars nor
more than one hundred dollars, or by imprisonment in the city or county
jail for not less than five days nor more than ninety days, or by both
fine and imprisonment.
(4) Nothing contained in this section prevents the highway
authority from proceeding to enforce the prohibitions or limitations of
access to such facilities by injunction or as otherwise provided by
law.
Sec. 263 RCW 47.68.233 and 2000 c 176 s 1 are each amended to
read as follows:
(1) The department shall require that every pilot who is a resident
of this state and every nonresident pilot who regularly operates any
aircraft in this state be registered with the department. The
department shall charge an annual fee not to exceed ten dollars for
each registration. All registration certificates issued under this
section shall be renewed annually during the month of the registrant's
birthdate.
(2) The registration fee imposed by this section shall be used by
the department for the purpose of (a) search and rescue of lost and
downed aircraft and airmen under the direction and supervision of the
secretary, (b) safety and education, and (c) volunteer recognition and
support.
(3) Registration shall be effected by filing with the department a
certified written statement that contains the information reasonably
required by the department. The department shall issue certificates of
registration and in connection therewith shall prescribe requirements
for the possession and exhibition of the certificates.
(4) The provisions of this section do not apply to:
(((1))) (a) A pilot who operates an aircraft exclusively in the
service of any government or any political subdivision thereof,
including the government of the United States, any state, territory, or
possession of the United States, or the District of Columbia;
(((2))) (b) A pilot registered under the laws of a foreign country;
(((3))) (c) A pilot engaged exclusively in commercial flying
constituting an act of interstate or foreign commerce;
(((4))) (d) A person piloting an aircraft equipped with fully
functioning dual controls when a licensed instructor is in full charge
of one set of the controls and the flight is solely for instruction or
for the demonstration of the aircraft to a bona fide prospective
purchaser.
(5) Failure to register as provided in this section is a violation
of RCW 47.68.230 and subjects the offender to the penalties ((incident
thereto)) set forth in RCW 47.68.240(2).
Sec. 264 RCW 47.68.234 and 1993 c 208 s 3 are each amended to
read as follows:
(1) The department shall require that every airman or airwoman that
is not registered under RCW 47.68.233 and who is a resident of this
state, or every nonresident airman or airwoman who is regularly
performing duties as an airman or airwoman within this state, be
registered with the department. The department shall charge an annual
fee not to exceed ten dollars for each registration. A registration
certificate issued under this section is to be renewed annually during
the month of the registrant's birthdate.
(2) The department shall use the registration fee imposed under
this section for the purposes of: (((1))) (a) Search and rescue of
lost and downed aircraft and airmen or airwomen under the direction and
supervision of the secretary; and (((2))) (b) safety and education.
(3) Registration is ((affected [effected])) effected by filing with
the department a certified written statement that contains the
information reasonably required by the department. The department
shall issue certificates of registration and, in connection with the
certificates, shall provide requirements for the possession and
exhibition of the certificates.
(4) Failure to register as provided in this section is a violation
of RCW 47.68.230 and subjects the offender to the penalties ((incident
to this section)) set forth in RCW 47.68.240(2).
Sec. 265 RCW 47.68.240 and 2000 c 229 s 2 are each amended to
read as follows:
(1) Except as provided in subsection (2) of this section, any
person violating any of the provisions of this chapter, or any of the
rules, regulations, or orders issued pursuant thereto, ((shall be)) is
guilty of a misdemeanor ((and shall be punished as provided under
chapter 9A.20 RCW, except that)).
(2)(a) Any person violating any of the provisions of RCW 47.68.220,
47.68.230, or 47.68.255 ((shall be)) is guilty of a gross misdemeanor
((which shall be punished as provided under chapter 9A.20 RCW)).
(b) In addition to, or in lieu of, the penalties provided in this
section, or as a condition to the suspension of a sentence which may be
imposed pursuant thereto, for violations of RCW 47.68.220 and
47.68.230, the court in its discretion may prohibit the violator from
operating an aircraft within the state for such period as it may
determine but not to exceed one year. Violation of the duly imposed
prohibition of the court may be treated as a separate offense under
this section or as a contempt of court.
Sec. 266 RCW 47.68.255 and 2000 c 229 s 3 are each amended to
read as follows:
A person who is required to register an aircraft under this chapter
and who registers an aircraft in another state or foreign country
evading the Washington aircraft excise tax is guilty of a gross
misdemeanor. For a second or subsequent offense, the person convicted
is also subject to a fine equal to four times the amount of avoided
taxes and fees, no part of which may be suspended or deferred. Excise
taxes owed and fines assessed will be deposited in the manner provided
under RCW 46.16.010(((2))) (4).
Sec. 267 RCW 48.06.030 and 1947 c 79 s .06.03 are each amended to
read as follows:
(1) No person forming or proposing to form in this state an
insurer, or insurance holding corporation, or stock corporation to
finance an insurer or insurance production therefor, or corporation to
manage an insurer, or corporation to be attorney in fact for a
reciprocal insurer, or a syndicate for any of such purposes, shall
advertise, or solicit or receive any funds, agreement, stock
subscription, or membership on account thereof unless he or she has
applied for and has received from the commissioner a solicitation
permit.
(2) Any person violating this section is guilty of a class B felony
and shall be subject to a fine of not more than ten thousand dollars or
imprisonment for not more than ten years, or by both fine and
imprisonment.
Sec. 268 RCW 48.06.190 and 1947 c 79 s .06.19 are each amended to
read as follows:
Every person who, with intent to deceive, knowingly exhibits any
false account, or document, or advertisement, relative to the affairs
of any insurer, or of any corporation or syndicate of the kind
enumerated in RCW 48.06.030, formed or proposed to be formed, ((shall
be)) is guilty of a class B felony punishable according to chapter
9A.20 RCW.
Sec. 269 RCW 48.17.480 and 1988 c 248 s 12 are each amended to
read as follows:
(1) An agent or any other representative of an insurer involved in
the procuring or issuance of an insurance contract shall report to the
insurer the exact amount of consideration charged as premium for such
contract, and such amount shall likewise be shown in the contract and
in the records of the agent. Each willful violation of this provision
((shall constitute)) is a misdemeanor.
(2) All funds representing premiums or return premiums received by
an agent, solicitor or broker, shall be so received in his or her
fiduciary capacity, and shall be promptly accounted for and paid to the
insured, insurer, or agent as entitled thereto.
(3) Any person licensed under this chapter who receives funds which
belong to or should be paid to another person as a result of or in
connection with an insurance transaction is deemed to have received the
funds in a fiduciary capacity. The licensee shall promptly account for
and pay the funds to the person entitled to the funds.
(4) Any agent, solicitor, broker, adjuster or other person licensed
under this chapter who, not being lawfully entitled thereto, diverts or
appropriates funds received in a fiduciary capacity or any portion
thereof to his or her own use, ((shall be)) is guilty of ((larceny by
embezzlement, and shall be punished as provided in the criminal
statutes of this state)) theft under chapter 9A.56 RCW.
Sec. 270 RCW 48.30.230 and 1990 1st ex.s. c 3 s 11 are each
amended to read as follows:
(1) It is unlawful for any person, ((who,)) knowing it to be such,
to:
(((1))) (a) Present((s)), or cause((s)) to be presented, a false or
fraudulent claim, or any proof in support of such a claim, for the
payment of a loss under a contract of insurance; or
(((2))) (b) Prepare((s)), make((s)), or subscribe((s)) any false or
fraudulent account, certificate, affidavit, or proof of loss, or other
document or writing, with intent that it be presented or used in
support of such a claim((,)).
(2)(a) Except as provided in (b) of this subsection, a violation of
this section is ((guilty of)) a gross misdemeanor((, or)).
(b) If ((such)) the claim is in excess of one thousand five hundred
dollars, ((of)) the violation is a class C felony punishable according
to chapter 9A.20 RCW.
Sec. 271 RCW 48.30A.015 and 1995 c 285 s 3 are each amended to
read as follows:
(1) It is unlawful for a person:
(a) Knowing that the payment is for the referral of a claimant to
a service provider, either to accept payment from a service provider
or, being a service provider, to pay another; or
(b) To provide or claim or represent to have provided services to
a claimant, knowing the claimant was referred in violation of (a) of
this subsection.
(2) It is unlawful for a service provider to engage in a regular
practice of waiving, rebating, giving, paying, or offering to waive,
rebate, give, or pay all or any part of a claimant's casualty or
property insurance deductible.
(3) A violation of this section constitutes trafficking in
insurance claims.
(4)(a) Trafficking in insurance claims is a gross misdemeanor for
a single violation.
(b) Each subsequent violation, whether alleged in the same or in
subsequent prosecutions, is a class C felony.
Sec. 272 RCW 48.31.105 and 1993 c 462 s 58 are each amended to
read as follows:
(1) An officer, manager, director, trustee, owner, employee, or
agent of an insurer or other person with authority over or in charge of
a segment of the insurer's affairs shall cooperate with the
commissioner in a proceeding under this chapter or an investigation
preliminary to the proceeding. The term "person" as used in this
section includes a person who exercises control directly or indirectly
over activities of the insurer through a holding company or other
affiliate of the insurer. "To cooperate" as used in this section
includes the following:
(a) To reply promptly in writing to an inquiry from the
commissioner requesting such a reply; and
(b) To make available to the commissioner books, accounts,
documents, or other records or information or property of or pertaining
to the insurer and in his or her possession, custody, or control.
(2) A person may not obstruct or interfere with the commissioner in
the conduct of a delinquency proceeding or an investigation preliminary
or incidental thereto.
(3) This section does not abridge existing legal rights, including
the right to resist a petition for liquidation or other delinquency
proceedings, or other orders.
(4) A person included within subsection (1) of this section who
fails to cooperate with the commissioner, or a person who obstructs or
interferes with the commissioner in the conduct of a delinquency
proceeding or an investigation preliminary or incidental thereto, or
who violates an order the commissioner issued validly under this
chapter may:
(a) Be guilty of a gross misdemeanor and sentenced to pay a fine
not exceeding ten thousand dollars or to undergo imprisonment for a
term of not more than one year, or both; or
(b) After a hearing, be subject to the imposition by the
commissioner of a civil penalty not to exceed ten thousand dollars and
be subject further to the revocation or suspension of insurance
licenses issued by the commissioner.
Sec. 273 RCW 49.12.410 and 1991 c 303 s 5 are each amended to
read as follows:
(1) An employer who knowingly or recklessly violates the
requirements of RCW 49.12.121 or 49.12.123, or a rule or order adopted
under RCW 49.12.121 or 49.12.123, is guilty of a gross misdemeanor.
(2) An employer whose practices in violation of the requirements of
RCW 49.12.121 or 49.12.123, or a rule or order adopted under RCW
49.12.121 or 49.12.123, result in the death or permanent disability of
a minor employee is guilty of a class C felony punishable according to
chapter 9A.20 RCW.
Sec. 274 RCW 49.28.010 and 1899 c 101 s 1 are each amended to
read as follows:
(1) Hereafter eight hours in any calendar day shall constitute a
day's work on any work done for the state or any county or municipality
within the state, subject to conditions hereinafter provided.
(2) All work done by contract or subcontract on any building or
improvements or works on roads, bridges, streets, alleys, or buildings
for the state or any county or municipality within the state, shall be
done under the provisions of this section. In cases of extraordinary
emergency such as danger to life or property, the hours for work may be
extended, but in such case the rate of pay for time employed in excess
of eight hours of each calendar day, shall be one and one-half times
the rate of pay allowed for the same amount of time during eight hours'
service. And for this purpose this section is made a part of all
contracts, subcontracts, or agreements for work done for the state or
any county or municipality within the state.
(3) Any contractor, subcontractor, or agent of contractor or
subcontractor, foreman, or employer who violates this section is guilty
of a misdemeanor and shall be fined a sum not less than twenty-five
dollars nor more than two hundred dollars, or imprisoned in the county
jail for a period of not less than ten days nor more than ninety days,
or both such fine and imprisonment, at the discretion of the court.
Sec. 275 RCW 49.28.080 and 1937 c 129 s 1 are each amended to
read as follows:
(1) No male or female household or domestic employee shall be
employed by any person for a longer period than sixty hours in any one
week. Employed time shall include minutes or hours when the employee
has to remain subject to the call of the employer and when the employee
is not free to follow his or her inclinations.
(2) In cases of emergency such employee may be employed for a
longer period than sixty hours.
(3) Any employer violating this section is guilty of a misdemeanor.
Sec. 276 RCW 49.28.100 and 1953 c 271 s 1 are each amended to
read as follows:
(1) It shall be unlawful for any employer to permit any of his or
her employees to operate on docks, in warehouses and/or in or on other
waterfront properties any power driven mechanical equipment for the
purpose of loading cargo on, or unloading cargo from, ships, barges, or
other watercraft, or of assisting in such loading or unloading
operations, for a period in excess of twelve and one-half hours at any
one time without giving such person an interval of eight hours' rest:
PROVIDED, HOWEVER, The provisions of this section ((and RCW 49.28.110))
shall not be applicable in cases of emergency, including fire, violent
storms, leaking or sinking ships or services required by the armed
forces of the United States.
(2) Any person violating this section is guilty of a misdemeanor.
Sec. 277 RCW 49.44.100 and 1961 c 180 s 1 are each amended to
read as follows:
(1) It shall be unlawful for any person, firm or corporation not
directly involved in a labor strike or lockout to recruit and bring
into this state from outside this state any person or persons for
employment, or to secure or offer to secure for such person or persons
any employment, when the purpose of such recruiting, securing or
offering to secure employment((,)) is to have such persons take the
place in employment of employees in a business owned by a person, firm
or corporation involved in a labor strike or lockout, or to have such
persons act as pickets of a business owned by a person, firm or
corporation where a labor strike or lockout exists: PROVIDED, That
this section ((and RCW 49.44.110)) shall not apply to activities and
services offered by or through the Washington employment security
department.
(2) Any person violating this section is guilty of a gross
misdemeanor.
Sec. 278 RCW 49.44.120 and 1985 c 426 s 1 are each amended to
read as follows:
(1) It shall be unlawful for any person, firm, corporation or the
state of Washington, its political subdivisions or municipal
corporations to require, directly or indirectly, that any employee or
prospective employee take or be subjected to any lie detector or
similar tests as a condition of employment or continued employment:
PROVIDED, That this section shall not apply to persons making initial
application for employment with any law enforcement agency: PROVIDED
FURTHER, That this section shall not apply to either the initial
application for employment or continued employment of persons who
manufacture, distribute, or dispense controlled substances as defined
in chapter 69.50 RCW, or to persons in sensitive positions directly
involving national security.
(2) Nothing in this section shall be construed to prohibit the use
of psychological tests as defined in RCW 18.83.010.
(3) Any person violating this section is guilty of a misdemeanor.
(4) As used in this section, "person" includes any individual,
firm, corporation, or agency or political subdivision of the state.
(5) Nothing in this section may be construed as limiting any
statutory or common law rights of any person illegally denied
employment or continued employment under this section for purposes of
any civil action or injunctive relief.
Sec. 279 RCW 50.36.010 and 1953 ex.s. c 8 s 22 are each amended
to read as follows:
(1) It shall be unlawful for any person to knowingly give any false
information or withhold any material information required under the
provisions of this title.
(2) Any person who violates any of the provisions of this title
which violation is declared to be unlawful, and for which no contrary
provision is made, ((shall be)) is guilty of a misdemeanor and shall be
punished by a fine of not less than twenty dollars nor more than two
hundred and fifty dollars or by imprisonment in the county jail for not
more than ninety days((: PROVIDED, That any person who violates the
provisions of RCW 50.40.010 shall be guilty of a gross misdemeanor)).
(3) Any person who in connection with any compromise or offer of
compromise willfully conceals from any officer or employee of the state
any property belonging to an employing unit which is liable for
contributions, interest, or penalties, or receives, destroys,
mutilates, or falsifies any book, document, or record, or makes under
oath any false statement relating to the financial condition of the
employing unit which is liable for contributions, is guilty of a gross
misdemeanor and shall upon conviction thereof be fined not more than
five thousand dollars or be imprisoned for not more than one year, or
both.
(4) The penalty prescribed in this section shall not be deemed
exclusive, but any act which shall constitute a crime under any law of
this state may be the basis of prosecution under such law
notwithstanding that it may also be the basis for prosecution under
this section.
Sec. 280 RCW 50.36.020 and 1953 ex.s. c 8 s 23 are each amended
to read as follows:
(1) Any person required under this title to collect, account for
and pay over any contributions imposed by this title, who willfully
fails to collect or truthfully account for and pay over such
contributions, and any person who willfully attempts in any manner to
evade or defeat any contributions imposed by this title or the payment
thereof, is guilty of a gross misdemeanor and shall, in addition to
other penalties provided by law, upon conviction thereof, be fined not
more than five thousand dollars, or imprisoned for not more than one
year, or both, together with the costs of prosecution.
(2) The term "person" as used in this section includes an officer
or individual in the employment of a corporation, or a member or
individual in the employment of a partnership, who as such officer,
individual or member is under a duty to perform the act in respect of
which the violation occurs. A corporation may likewise be prosecuted
under this section and may be subjected to fine and payment of costs of
prosecution as prescribed herein for a person.
Sec. 281 RCW 50.40.010 and 1945 c 35 s 182 are each amended to
read as follows:
(1) Any agreement by an individual to waive, release, or commute
his or her rights to benefits or any other rights under this title
shall be void.
(2) Any agreement by an individual in the employ of any person or
concern to pay all or any portion of an employer's contributions,
required under this title from such employer, shall be void.
(3) No employer shall directly or indirectly make or require or
accept any deduction from remuneration for services to finance the
employer's contributions required from him or her, or require or accept
any waiver of any right hereunder by any individual in his or her
employ.
(4) A person violating this section is guilty of a gross
misdemeanor.
Sec. 282 RCW 51.48.040 and 1986 c 9 s 9 are each amended to read
as follows:
(1) The books, records and payrolls of the employer pertinent to
the administration of this title shall always be open to inspection by
the department or its traveling auditor, agent or assistant, for the
purpose of ascertaining the correctness of the payroll, the persons
employed, and such other information as may be necessary for the
department and its management under this title.
(2) Refusal on the part of the employer to submit his or her books,
records and payrolls for such inspection to the department, or any
assistant presenting written authority from the director, shall subject
the offending employer to a penalty determined by the director but not
to exceed two hundred fifty dollars for each offense and the individual
who personally gives such refusal ((shall be)) is guilty of a
misdemeanor.
(3) Any employer who fails to allow adequate inspection in
accordance with the requirements of this section is subject to having
its certificate of coverage revoked by order of the department and is
forever barred from questioning in any proceeding in front of the board
of industrial insurance appeals or any court, the correctness of any
assessment by the department based on any period for which such records
have not been produced for inspection.
Sec. 283 RCW 51.48.103 and 1986 c 9 s 12 are each amended to read
as follows:
(1) It is ((unlawful)) a gross misdemeanor:
(a) For any employer to engage in business subject to this title
without having obtained a certificate of coverage as provided for in
this title;
(b) For the president, vice-president, secretary, treasurer, or
other officer of any company to cause or permit the company to engage
in business subject to this title without having obtained a certificate
of coverage as provided for in this title.
((Any person violating any of the provisions of this subsection is
guilty of a gross misdemeanor punishable under RCW 9A.20.021.))
(2) It is ((unlawful)) a class C felony punishable according to
chapter 9A.20 RCW:
(a) For any employer to engage in business subject to this title
after the employer's certificate of coverage has been revoked by order
of the department;
(b) For the president, vice-president, secretary, treasurer, or
other officer of any company to cause or permit the company to engage
in business subject to this title after revocation of a certificate of
coverage.
((Any person violating any of the provisions of this subsection is
guilty of a class C felony punishable under RCW 9A.20.021.))
Sec. 284 RCW 51.48.280 and 1997 c 336 s 1 are each amended to
read as follows:
(1) It is a class C felony for any person, firm, corporation,
partnership, association, agency, institution, or other legal entity((,
that)) to solicit((s)) or receive((s)) any remuneration (including any
kickback, bribe, or rebate) directly or indirectly, overtly or
covertly, in cash or in kind:
(a) In return for referring an individual to a person for the
furnishing or arranging for the furnishing of any item or service for
which payment may be made in whole or in part under this chapter; or
(b) In return for purchasing, leasing, ordering, or arranging for
or recommending purchasing, leasing, or ordering any goods, facility,
service, or item for which payment may be made in whole or in part
under this chapter((;)).
shall be guilty of a class C felony. However, the fine, if imposed,
shall not be in an amount more than twenty-five thousand dollars,
except as authorized by RCW 9A.20.030
(2) It is a class C felony for any person, firm, corporation,
partnership, association, agency, institution, or other legal entity((,
that)) to offer((s)) or pay((s)) any remuneration (including any
kickback, bribe, or rebate) directly or indirectly, overtly or
covertly, in cash or in kind to any person to induce such person:
(a) To refer an individual to a person for the furnishing or
arranging for the furnishing of any item or service for which payment
may be made, in whole or in part, under this chapter; or
(b) To purchase, lease, order, or arrange for or recommend
purchasing, leasing, or ordering any goods, facility, service, or item
for which payment may be made in whole or in part under this chapter((;)).
shall be guilty of a class C felony. However, the fine, if imposed,
shall not be in an amount more than twenty-five thousand dollars,
except as authorized by RCW 9A.20.030
(3) A health services provider who (a) provides a health care
service to a claimant, while acting as the claimant's representative
for the purpose of obtaining authorization for the services, and (b)
charges a percentage of the claimant's benefits or other fee for acting
as the claimant's representative under this title ((shall be)) is
guilty of a gross misdemeanor. ((However, the fine, if imposed,))
(4) Any fine imposed as a result of a violation of subsection (1),
(2), or (3) of this section shall not be in an amount more than twenty-five thousand dollars, except as authorized by RCW 9A.20.030.
(((4))) (5) Subsections (1) and (2) of this section shall not apply
to:
(a) A discount or other reduction in price obtained by a provider
of services or other entity under this chapter if the reduction in
price is properly disclosed and appropriately reflected in the costs
claimed or charges made by the provider or entity under this chapter;
and
(b) Any amount paid by an employer to an employee (who has a bona
fide employment relationship with such employer) for employment in the
provision of covered items or services.
(((5))) (6) Subsections (1) and (2) of this section, if applicable
to the conduct involved, shall supersede the criminal provisions of
chapter 19.68 RCW, but shall not preclude administrative proceedings
authorized by chapter 19.68 RCW.
Sec. 285 RCW 51.52.120 and 1990 c 15 s 1 are each amended to read
as follows:
(1) It shall be unlawful for an attorney engaged in the
representation of any worker or beneficiary to charge for services in
the department any fee in excess of a reasonable fee, of not more than
thirty percent of the increase in the award secured by the attorney's
services. Such reasonable fee shall be fixed by the director or the
director's designee for services performed by an attorney for such
worker or beneficiary, if written application therefor is made by the
attorney, worker, or beneficiary within one year from the date the
final decision and order of the department is communicated to the party
making the application.
(2) If, on appeal to the board, the order, decision, or award of
the department is reversed or modified and additional relief is granted
to a worker or beneficiary, or in cases where a party other than the
worker or beneficiary is the appealing party and the worker's or
beneficiary's right to relief is sustained by the board, the board
shall fix a reasonable fee for the services of his or her attorney in
proceedings before the board if written application therefor is made by
the attorney, worker, or beneficiary within one year from the date the
final decision and order of the board is communicated to the party
making the application. In fixing the amount of such attorney's fee,
the board shall take into consideration the fee allowed, if any, by the
director, for services before the department, and the board may review
the fee fixed by ((said)) the director. Any attorney's fee set by the
department or the board may be reviewed by the superior court upon
application of such attorney, worker, or beneficiary. The department
or self-insured employer, as the case may be, shall be served a copy of
the application and shall be entitled to appear and take part in the
proceedings. Where the board, pursuant to this section, fixes the
attorney's fee, it shall be unlawful for an attorney to charge or
receive any fee for services before the board in excess of that fee
fixed by the board.
(3) Any person who violates ((any provision of)) this section
((shall be)) is guilty of a misdemeanor.
Sec. 286 RCW 53.08.220 and 1979 ex.s. c 136 s 103 are each
amended to read as follows:
(1) A port district may formulate all needful regulations for the
use by tenants, agents, servants, licensees, invitees, suppliers,
passengers, customers, shippers, business visitors, and members of the
general public of any properties or facilities owned or operated by it,
and request the adoption, amendment, or repeal of such regulations as
part of the ordinances of the city or town in which such properties or
facilities are situated, or as part of the resolutions of the county,
if such properties or facilities be situated outside any city or town.
The port commission shall make such request by resolution after holding
a public hearing on the proposed regulations, of which at least ten
days' notice shall be published in a legal newspaper of general
circulation in the port district. Such regulations must conform to and
be consistent with federal and state law. As to properties or
facilities situated within a city or town, such regulations must
conform to and be consistent with the ordinances of the city or town.
As to properties or facilities situated outside any city or town, such
regulations must conform to and be consistent with county resolutions.
Upon receiving such request, the governing body of the city, town, or
county, as the case may be, may adopt such regulations as part of its
ordinances or resolutions, or amend or repeal such regulations in
accordance with the terms of the request.
(2)(a) Except as otherwise provided in this subsection, any
violation of ((such)) the regulations ((shall constitute)) described in
subsection (1) of this section is a misdemeanor which shall be
redressed in the same manner as other police regulations of the city,
town, or county, and it shall be the duty of all law enforcement
officers to enforce such regulations accordingly((: PROVIDED, That)).
(b) Except as provided in (c) of this subsection, violation of such
a regulation relating to traffic including parking, standing, stopping,
and pedestrian offenses is a traffic infraction((, except that)).
(c) Violation of such a regulation equivalent to those provisions
of Title 46 RCW set forth in RCW 46.63.020 remains a misdemeanor.
Sec. 287 RCW 53.34.190 and 1959 c 236 s 19 are each amended to
read as follows:
(1) Any port district establishing a project under the authority of
this chapter may make such bylaws, rules, and regulations for the
management and use of such project and for the collection of rentals,
tolls, fees, and other charges for services or commodities sold,
furnished or supplied through such project((, and)).
(2) The violation of any ((such)) bylaw, rule, or regulation
((shall be an offense)) described in subsection (1) of this section is
a misdemeanor punishable by fine not to exceed one hundred dollars or
by imprisonment for not longer than thirty days, or both.
Sec. 288 RCW 61.12.030 and 1989 c 343 s 21 are each amended to
read as follows:
(1) When any real estate in this state is subject to, or is
security for, any mortgage, mortgages, lien or liens, other than
general liens arising under personal judgments, it shall be unlawful
for any person who is the owner, mortgagor, lessee, or occupant of such
real estate to destroy or remove or to cause to be destroyed or removed
from ((said)) the real estate any fixtures, buildings, or permanent
improvements including a manufactured home whose title has been
eliminated under chapter 65.20 RCW, not including crops growing
thereon, without having first obtained from the owners or holders of
each and all of such mortgages or other liens his, her, or their
written consent for such removal or destruction.
(2) Any person willfully violating this section is guilty of a
misdemeanor, and upon conviction thereof shall be punished by
imprisonment in the county jail for a period not to exceed six months,
or by a fine of not more than five hundred dollars, or by both such
fine and imprisonment.
Sec. 289 RCW 64.36.020 and 1983 1st ex.s. c 22 s 2 are each
amended to read as follows:
(1) A timeshare offering registration must be effective before any
advertisement, solicitation of an offer, or any offer or sale of a
timeshare may be made in this state.
(2) An applicant shall apply for registration by filing with the
director:
(a) A copy of the disclosure document prepared in accordance with
RCW 64.36.140 and signed by the applicant;
(b) An application for registration prepared in accordance with RCW
64.36.030;
(c) An irrevocable consent to service of process signed by the
applicant;
(d) The prescribed registration fee; and
(e) Any other information the director may by rule require in the
protection of the public interest.
(3) The registration requirements do not apply to:
(a) An offer, sale, or transfer of not more than one timeshare in
any twelve-month period;
(b) A gratuitous transfer of a timeshare;
(c) A sale under court order;
(d) A sale by a government or governmental agency;
(e) A sale by forfeiture, foreclosure, or deed in lieu of
foreclosure; or
(f) A sale of a timeshare property or all timeshare units therein
to any one purchaser.
(4) The director may by rule or order exempt any potential
registrant from the requirements of this chapter if the director finds
registration is unnecessary for the protection of the public interest.
(5)(a) Except as provided in (b) of this subsection, any person who
violates this section is guilty of a gross misdemeanor.
(b) Any person who knowingly violates this section is guilty of a
class C felony punishable according to chapter 9A.20 RCW.
(c) No indictment or information for a felony may be returned under
this chapter more than five years after the alleged violation.
Sec. 290 RCW 64.36.210 and 1983 1st ex.s. c 22 s 20 are each
amended to read as follows:
(1) It is unlawful for any person in connection with the offer,
sale, or lease of any timeshare in the state:
(((1))) (a) To make any untrue or misleading statement of a
material fact, or to omit a material fact;
(((2))) (b) To employ any device, scheme, or artifice to defraud;
(((3))) (c) To engage in any act, practice, or course of business
which operates or would operate as a fraud or deceit upon any person;
(((4))) (d) To file, or cause to be filed, with the director any
document which contains any untrue or misleading information; or
(((5))) (e) To violate any rule or order of the director.
(2)(a) Any person who knowingly violates this section is guilty of
a class C felony punishable according to chapter 9A.20 RCW.
(b) No indictment or information for a felony may be returned under
this chapter more than five years after the alleged violation.
Sec. 291 RCW 65.12.730 and 1907 c 250 s 89 are each amended to
read as follows:
Certificates of title or duplicate certificates entered under this
chapter, shall be subjects of ((larceny)) theft, and anyone unlawfully
stealing or carrying away any such certificate, shall, upon conviction
thereof, be deemed guilty of ((grand larceny, and punished
accordingly)) theft under chapter 9A.56 RCW.
Sec. 292 RCW 65.12.740 and 1907 c 250 s 90 are each amended to
read as follows:
Whoever knowingly swears falsely to any statement required by this
chapter to be made under oath ((shall be)) is guilty of perjury((, and
shall be liable to the statutory penalties therefor)) under chapter
9A.72 RCW.
Sec. 293 RCW 65.12.750 and 1907 c 250 s 91 are each amended to
read as follows:
Whoever fraudulently procures, or assists fraudulently procuring,
or is privy to the fraudulent procurement of any certificate of title,
or other instrument, or of any entry in the register of titles, or
other book kept in the registrar's office, or of any erasure or
alteration in any entry in any such book, or in any instrument
authorized by this chapter, or knowingly defrauds or is privy to
defrauding any person by means of a false or fraudulent instrument,
certificate, statement, or affidavit affecting registered land, shall
be guilty of a class C felony, and upon conviction, shall be fined in
any sum not exceeding five thousand dollars, or imprisoned in ((the
penitentiary not exceeding)) a state correctional facility for not more
than five years, or both such fine and imprisonment, in the discretion
of the court.
Sec. 294 RCW 65.12.760 and 1907 c 250 s 92 are each amended to
read as follows:
Whoever forges or procures to be forged, or assists in forging, the
seal of the registrar, or the name, signature, or handwriting of any
officer of the registry office, in case where such officer is expressly
or impliedly authorized to affix his or her signature; or forges or
procures to be forged, or assists in forging, the name, signature, or
handwriting of any person whomsoever, to any instrument which is
expressedly or impliedly authorized to be signed by such person; or
uses any document upon which any impression or part of the impression
of any seal of ((said)) the registrar has been forged, knowing the same
to have been forged, or any document, the signature to which has been
forged, shall be guilty of a class B felony, and upon conviction shall
be imprisoned in ((the penitentiary not exceeding)) a state
correctional facility for not more than ten years, or fined not
((exceeding)) more than one thousand dollars, or both fined and
imprisoned, in the discretion of the court.
Sec. 295 RCW 66.20.200 and 2002 c 175 s 41 are each amended to
read as follows:
(1) It shall be unlawful for the owner of a card of identification
to transfer the card to any other person for the purpose of aiding such
person to procure alcoholic beverages from any licensee or store
employee. Any person who shall permit his or her card of
identification to be used by another or transfer such card to another
for the purpose of aiding such transferee to obtain alcoholic beverages
from a licensee or store employee or gain admission to a premises or
portion of a premises classified by the board as off-limits to persons
under twenty-one years of age, shall be guilty of a misdemeanor
punishable as provided by RCW 9A.20.021, except that a minimum fine of
two hundred fifty dollars shall be imposed and any sentence requiring
community restitution shall require not fewer than twenty-five hours of
community restitution.
(2) Any person not entitled thereto who unlawfully procures or has
issued or transferred to him or her a card of identification, and any
person who possesses a card of identification not issued to him or her,
and any person who makes any false statement on any certification card
required by RCW 66.20.190, ((as now or hereafter amended,)) to be
signed by him or her, shall be guilty of a misdemeanor punishable as
provided by RCW 9A.20.021, except that a minimum fine of two hundred
fifty dollars shall be imposed and any sentence requiring community
restitution shall require not fewer than twenty-five hours of community
restitution.
Sec. 296 RCW 66.28.200 and 1998 c 126 s 13 are each amended to
read as follows:
(1) Licensees holding a beer and/or wine restaurant or a tavern
license in combination with an off-premises beer and wine retailer's
license may sell malt liquor in kegs or other containers capable of
holding four gallons or more of liquid. Under a special endorsement
from the board, a grocery store licensee may sell malt liquor in
containers no larger than five and one-half gallons. The sale of any
container holding four gallons or more must comply with the provisions
of this section and RCW 66.28.210 through 66.28.240.
(2) Any person who sells or offers for sale the contents of kegs or
other containers containing four gallons or more of malt liquor, or
leases kegs or other containers that will hold four gallons of malt
liquor, to consumers who are not licensed under chapter 66.24 RCW shall
do the following for any transaction involving the container:
(((1))) (a) Require the purchaser of the malt liquor to sign a
declaration and receipt for the keg or other container or beverage in
substantially the form provided in RCW 66.28.220;
(((2))) (b) Require the purchaser to provide one piece of
identification pursuant to RCW 66.16.040;
(((3))) (c) Require the purchaser to sign a sworn statement, under
penalty of perjury, that:
(((a))) (i) The purchaser is of legal age to purchase, possess, or
use malt liquor;
(((b))) (ii) The purchaser will not allow any person under the age
of twenty-one years to consume the beverage except as provided by RCW
66.44.270;
(((c))) (iii) The purchaser will not remove, obliterate, or allow
to be removed or obliterated, the identification required under RCW
66.28.220 to be affixed to the container;
(((4))) (d) Require the purchaser to state the particular address
where the malt liquor will be consumed, or the particular address where
the keg or other container will be physically located; and
(((5))) (e) Require the purchaser to maintain a copy of the
declaration and receipt next to or adjacent to the keg or other
container, in no event a distance greater than five feet, and visible
without a physical barrier from the keg, during the time that the keg
or other container is in the purchaser's possession or control.
(3) A violation of this section is a gross misdemeanor.
Sec. 297 RCW 66.28.210 and 1989 c 271 s 230 are each amended to
read as follows:
(1) Any person who purchases the contents of kegs or other
containers containing four gallons or more of malt liquor, or purchases
or leases the container shall:
(((1))) (a) Sign a declaration and receipt for the keg or other
container or beverage in substantially the form provided in RCW
66.28.220;
(((2))) (b) Provide one piece of identification pursuant to RCW
66.16.040;
(((3))) (c) Be of legal age to purchase, possess, or use malt
liquor;
(((4))) (d) Not allow any person under the age of twenty-one to
consume the beverage except as provided by RCW 66.44.270;
(((5))) (e) Not remove, obliterate, or allow to be removed or
obliterated, the identification required under rules adopted by the
board;
(((6))) (f) Not move, keep, or store the keg or its contents,
except for transporting to and from the distributor, at any place other
than that particular address declared on the receipt and declaration;
and
(((7))) (g) Maintain a copy of the declaration and receipt next to
or adjacent to the keg or other container, in no event a distance
greater than five feet, and visible without a physical barrier from the
keg, during the time that the keg or other container is in the
purchaser's possession or control.
(2) A violation of this section is a gross misdemeanor.
Sec. 298 RCW 66.28.220 and 1999 c 281 s 7 are each amended to
read as follows:
(1) The board shall adopt rules requiring retail licensees to affix
appropriate identification on all containers of four gallons or more of
malt liquor for the purpose of tracing the purchasers of such
containers. The rules may provide for identification to be done on a
statewide basis or on the basis of smaller geographical areas.
(2) The board shall develop and make available forms for the
declaration and receipt required by RCW 66.28.200. The board may
charge grocery store licensees for the costs of providing the forms and
that money collected for the forms shall be deposited into the liquor
revolving fund for use by the board, without further appropriation, to
continue to administer the cost of the keg registration program.
(3) It is unlawful for any person to sell or offer for sale kegs or
other containers containing four gallons or more of malt liquor to
consumers who are not licensed under chapter 66.24 RCW if the kegs or
containers are not identified in compliance with rules adopted by the
board.
(4) A violation of this section is a gross misdemeanor.
Sec. 299 RCW 66.44.120 and 1992 c 7 s 42 are each amended to read
as follows:
(1) No person other than an employee of the board shall keep or
have in his or her possession any official seal prescribed under this
title, unless the same is attached to a package which has been
purchased from a vendor or store employee; nor shall any person keep or
have in his or her possession any design in imitation of any official
seal prescribed under this title, or calculated to deceive by its
resemblance thereto, or any paper upon which any design in imitation
thereof, or calculated to deceive as aforesaid, is stamped, engraved,
lithographed, printed, or otherwise marked.
(2)(a) Except as provided in (b) of this subsection, every person
who willfully violates ((any provision of)) this section ((shall be))
is guilty of a gross misdemeanor and shall be liable on conviction
thereof for a first offense to imprisonment in the county jail for a
period of not less than three months nor more than six months, without
the option of the payment of a fine((;)), and for a second offense, to
imprisonment in the county jail for not less than six months nor more
than one year, without the option of the payment of a fine((; for)).
(b) A third ((offense)) or subsequent offense((s to)) is a class C
felony, punishable by imprisonment in a state correctional facility for
not less than one year nor more than two years.
Sec. 300 RCW 66.44.180 and 1987 c 202 s 225 are each amended to
read as follows:
(1) Every person guilty of a violation of this title for which no
penalty has been specifically provided ((shall be liable, on
conviction, for a first offense to a penalty)):
(a) For a first offense, is guilty of a misdemeanor punishable by
a fine of not more than five hundred dollars, or ((to)) by imprisonment
for not more than two months, or both;
(b) For a second offense ((to)), is guilty of a gross misdemeanor
punishable by imprisonment for not more than six months; and
(c) For a third or subsequent offense ((to)), is guilty of a gross
misdemeanor punishable by imprisonment for not more than one year.
(2) If the offender convicted of an offense referred to in this
section is a corporation, it shall for a first offense be liable to a
penalty of not more than five thousand dollars, and for a second or
subsequent offense to a penalty of not more than ten thousand dollars,
or to forfeiture of its corporate license, or both.
(3) Every district judge and municipal judge shall have concurrent
jurisdiction with superior court judges of the state of Washington of
all violations of the provisions of this title and may impose any
punishment provided therefor.
Sec. 301 RCW 66.44.290 and 2001 c 295 s 1 are each amended to
read as follows:
(1) Every person under the age of twenty-one years who purchases or
attempts to purchase liquor shall be guilty of a violation of this
title. This section does not apply to persons between the ages of
eighteen and twenty-one years who are participating in a controlled
purchase program authorized by the liquor control board under rules
adopted by the board. Violations occurring under a private, controlled
purchase program authorized by the liquor control board may not be used
for criminal or administrative prosecution.
(2) An employer who conducts an in-house controlled purchase
program authorized under this section shall provide his or her
employees a written description of the employer's in-house controlled
purchase program. The written description must include notice of
actions an employer may take as a consequence of an employee's failure
to comply with company policies regarding the sale of alcohol during an
in-house controlled purchase.
(3) An in-house controlled purchase program authorized under this
section shall be for the purposes of employee training and employer
self-compliance checks. An employer may not terminate an employee
solely for a first-time failure to comply with company policies
regarding the sale of alcohol during an in-house controlled purchase
program authorized under this section.
(4) Every person between the ages of eighteen and twenty,
inclusive, who is convicted of a violation of this section is guilty of
a misdemeanor punishable as provided by RCW 9A.20.021, except that a
minimum fine of two hundred fifty dollars shall be imposed and any
sentence requiring community restitution shall require not fewer than
twenty-five hours of community restitution.
Sec. 302 RCW 67.24.010 and 1992 c 7 s 43 are each amended to read
as follows:
Every person who shall give, offer, receive, or promise, directly
or indirectly, any compensation, gratuity, or reward, or make any
promise thereof, or who shall fraudulently commit any act by trick,
device, or bunco, or any means whatsoever with intent to influence or
change the outcome of any sporting contest between people or between
animals, ((shall be)) is guilty of a class B felony and shall be
punished by imprisonment in a state correctional facility for not less
than five years.
Sec. 303 RCW 67.70.120 and 1987 c 511 s 6 are each amended to
read as follows:
(1) A ticket or share shall not be sold to any person under the age
of eighteen, but this shall not be deemed to prohibit the purchase of
a ticket or share for the purpose of making a gift by a person eighteen
years of age or older to a person less than that age.
(2) Any licensee who knowingly sells or offers to sell a lottery
ticket or share to any person under the age of eighteen is guilty of a
misdemeanor.
(3) In the event that a person under the age of eighteen years
directly purchases a ticket in violation of this section, that person
is guilty of a misdemeanor. No prize will be paid to such person and
the prize money otherwise payable on the ticket will be treated as
unclaimed pursuant to RCW 67.70.190.
Sec. 304 RCW 67.70.130 and 1982 2nd ex.s. c 7 s 13 are each
amended to read as follows:
(1) A person shall not alter or forge a lottery ticket. A person
shall not claim a lottery prize or share of a lottery prize by means of
fraud, deceit, or misrepresentation. A person shall not conspire, aid,
abet, or agree to aid another person or persons to claim a lottery
prize or share of a lottery prize by means of fraud, deceit, or
misrepresentation.
(2) A violation of this section is a class B felony punishable
according to chapter 9A.20 RCW.
Sec. 305 RCW 67.70.140 and 1982 2nd ex.s. c 7 s 14 are each
amended to read as follows:
(1) Any person who conducts any activity for which a license is
required by this chapter, or by rule of the commission, without the
required license, is guilty of a class B felony punishable according to
chapter 9A.20 RCW.
(2) If any corporation conducts any activity for which a license is
required by this chapter, or by rule of the commission, without the
required license, it may be punished by forfeiture of its corporate
charter, in addition to the other penalties set forth in this section.
Sec. 306 RCW 68.28.060 and 1943 c 247 s 140 are each amended to
read as follows:
Every owner or operator of a mausoleum or columbarium erected in
violation of this act is guilty of maintaining a public nuisance, a
gross misdemeanor, and upon conviction is punishable by a fine of not
less than five hundred dollars nor more than five thousand dollars or
by imprisonment in a county jail for not less than one month nor more
than six months, or by both; and, in addition is liable for all costs,
expenses, and disbursements paid or incurred in prosecuting the case.
Sec. 307 RCW 68.50.100 and 1963 c 178 s 2 are each amended to
read as follows:
(1) The right to dissect a dead body shall be limited to cases
specially provided by statute or by the direction or will of the
deceased; cases where a coroner is authorized to hold an inquest upon
the body, and then only as he or she may authorize dissection; and
cases where the spouse or next of kin charged by law with the duty of
burial shall authorize dissection for the purpose of ascertaining the
cause of death, and then only to the extent so authorized: PROVIDED,
That the coroner, in his or her discretion, may make or cause to be
made by a competent pathologist, toxicologist, or physician, an autopsy
or postmortem in any case in which the coroner has jurisdiction of a
body: PROVIDED, FURTHER, That the coroner may with the approval of the
University of Washington and with the consent of a parent or guardian
deliver any body of a deceased person under the age of three years over
which he or she has jurisdiction to the University of Washington
medical school for the purpose of having an autopsy made to determine
the cause of death.
(2) Every person who shall make, cause, or procure to be made any
dissection of a body, except as ((above)) provided in this section,
((shall be)) is guilty of a gross misdemeanor.
Sec. 308 RCW 68.50.140 and 1992 c 7 s 44 are each amended to read
as follows:
(1) Every person who shall remove the dead body of a human being,
or any part thereof, from a grave, vault, or other place where the same
has been buried or deposited awaiting burial or cremation, without
authority of law, with intent to sell the same, or for the purpose of
securing a reward for its return, or for dissection, or from malice or
wantonness, is guilty of a class C felony and shall be punished by
imprisonment in a state correctional facility for not more than five
years, or by a fine of not more than one thousand dollars, or by both.
(2) Every person who shall purchase or receive, except for burial
or cremation, any such dead body, or any part thereof, knowing that the
same has been removed contrary to the foregoing provisions, is guilty
of a class C felony and shall be punished by imprisonment in a state
correctional facility for not more than three years, or by a fine of
not more than one thousand dollars, or by both.
(3) Every person who shall open a grave or other place of
interment, temporary or otherwise, or a building where such dead body
is deposited while awaiting burial or cremation, with intent to remove
((said)) the body or any part thereof, for the purpose of selling or
demanding money for the same, for dissection, from malice or
wantonness, or with intent to sell or remove the coffin or of any part
thereof, or anything attached thereto, or any vestment, or other
article interred, or intended to be interred with the body, is guilty
of a class C felony and shall be punished by imprisonment in a state
correctional facility for not more than three years, or by a fine of
not more than one thousand dollars, or by both.
Sec. 309 RCW 68.50.145 and 1992 c 7 s 45 are each amended to read
as follows:
Every person who removes any part of any human remains from any
place where it has been interred, or from any place where it is
deposited while awaiting interment, with intent to sell it, or to
dissect it, without authority of law, or from malice or wantonness, is
guilty of a class C felony and shall be punished by imprisonment in a
state correctional facility for not more than five years, or by a fine
of not more than one thousand dollars, or by both.
Sec. 310 RCW 68.50.150 and 1992 c 7 s 46 are each amended to read
as follows:
Every person who mutilates, disinters, or removes from the place of
interment any human remains without authority of law, is guilty of a
class C felony and shall be punished by imprisonment in a state
correctional facility for not more than three years, or by a fine of
not more than one thousand dollars, or by both.
Sec. 311 RCW 68.50.250 and 1943 c 247 s 57 are each amended to
read as follows:
(1) No crematory shall hereafter cremate the remains of any human
body without making a permanent signed record of the color, shape, and
outside covering of the casket consumed with such body, ((said)) the
record to be open to inspection of any person lawfully entitled
thereto.
(2) A person violating this section is guilty of a misdemeanor, and
each violation shall constitute a separate offense.
Sec. 312 RCW 68.50.610 and 1993 c 228 s 10 are each amended to
read as follows:
(1) A person may not knowingly, for valuable consideration,
purchase or sell a part for transplantation or therapy, if removal of
the part is intended to occur after the death of the decedent.
(2) Valuable consideration does not include reasonable payment for
the removal, processing, disposal, preservation, quality control,
storage, transportation, or implantation of a part.
(3) A person who violates this section is guilty of a class C
felony and upon conviction is subject to a fine not exceeding fifty
thousand dollars or imprisonment not exceeding five years, or both.
Sec. 313 RCW 68.56.040 and 1943 c 247 s 145 are each amended to
read as follows:
Every person, firm, or corporation who is the owner or operator of
a cemetery established in violation of this act is guilty of
maintaining a public nuisance, a gross misdemeanor, and upon conviction
is punishable by a fine of not less than five hundred dollars nor more
than five thousand dollars or by imprisonment in a county jail for not
less than one month nor more than six months, or by both; and, in
addition is liable for all costs, expenses, and disbursements paid or
incurred in prosecuting the case.
Sec. 314 RCW 69.04.060 and 1945 c 257 s 24 are each amended to
read as follows:
Any person who violates any provision of RCW 69.04.040 ((shall be))
is guilty of a misdemeanor and shall on conviction thereof be subject
to the following penalties:
(1) A fine of not more than two hundred dollars; ((but)) or
(2) If the violation is committed after a conviction of such person
under this section has become final, ((such person shall be subject
to)) imprisonment for not more than thirty days, or a fine of not more
than five hundred dollars, or both such imprisonment and fine.
Sec. 315 RCW 69.04.070 and 1945 c 257 s 25 are each amended to
read as follows:
Notwithstanding the provisions of RCW 69.04.060, ((in case of a
violation of any provision of)) a person who violates RCW
69.04.040((,)) with intent to defraud or mislead((,)) is guilty of a
misdemeanor and the penalty shall be imprisonment for not more than
ninety days, or a fine of not more than one thousand dollars, or both
such imprisonment and fine.
Sec. 316 RCW 69.07.150 and 1991 c 137 s 9 are each amended to
read as follows:
(1)(a) Except as provided in (b) of this subsection, any person
violating any provision of this chapter or any rule or regulation
adopted hereunder ((shall be)) is guilty of a misdemeanor ((and guilty
of a gross misdemeanor for any)).
(b) A second ((and)) or subsequent violation((: PROVIDED, That))
is a gross misdemeanor. Any offense committed more than five years
after a previous conviction shall be considered a first offense. ((A
misdemeanor under this section is punishable to the same extent that a
misdemeanor is punishable under RCW 9A.20.021 and a gross misdemeanor
under this section is punishable to the same extent that a gross
misdemeanor is punishable under RCW 9A.20.021.))
(2) Whenever the director finds that a person has committed a
violation of any of the provisions of this chapter, and that violation
has not been punished pursuant to subsection (1) of this section, the
director may impose upon and collect from the violator a civil penalty
not exceeding one thousand dollars per violation per day. Each
violation shall be a separate and distinct offense.
Sec. 317 RCW 69.25.150 and 1995 c 374 s 27 are each amended to
read as follows:
(1)(a) Except as provided in (b) of this subsection, any person
violating any provision of this chapter or any rule adopted under this
chapter is guilty of a misdemeanor ((and guilty of a gross misdemeanor
for any)).
(b) A second ((and)) or subsequent violation is a gross
misdemeanor. Any offense committed more than five years after a
previous conviction shall be considered a first offense. ((A
misdemeanor under this section is punishable to the same extent that a
misdemeanor is punishable under RCW 9A.20.021 and a gross misdemeanor
under this section is punishable to the same extent that a gross
misdemeanor is punishable under RCW 9A.20.021.)) (2) Whenever the director finds that a person has committed
a violation of any of the provisions of this chapter, and that
violation has not been punished pursuant to ((
(b)(a) of this)) subsection
(1) of this section, the director may impose upon and collect from the
violator a civil penalty not exceeding one thousand dollars per
violation per day. Each violation shall be a separate and distinct
offense.
(3) When construing or enforcing the provisions of RCW 69.25.110,
the act, omission, or failure of any person acting for or employed by
any individual, partnership, corporation, or association within the
scope of the person's employment or office shall in every case be
deemed the act, omission, or failure of such individual, partnership,
corporation, or association, as well as of such person.
(((2))) (4) No carrier or warehouseman shall be subject to the
penalties of this chapter, other than the penalties for violation of
RCW 69.25.140, or ((subsection (3) of this section)) section 318 of
this act, by reason of his or her receipt, carriage, holding, or
delivery, in the usual course of business, as a carrier or warehouseman
of eggs or egg products owned by another person unless the carrier or
warehouseman has knowledge, or is in possession of facts which would
cause a reasonable person to believe that such eggs or egg products
were not eligible for transportation under, or were otherwise in
violation of, this chapter, or unless the carrier or warehouseman
refuses to furnish on request of a representative of the director the
name and address of the person from whom he or she received such eggs
or egg products and copies of all documents, if there be any,
pertaining to the delivery of the eggs or egg products to, or by, such
carrier or warehouseman.
(((3) Notwithstanding any other provision of law any person who
forcibly assaults, resists, impedes, intimidates, or interferes with
any person while engaged in or on account of the performance of his or
her official duties under this chapter shall be punished by a fine of
not more than five thousand dollars or imprisonment in a state
correctional facility for not more than three years, or both. Whoever,
in the commission of any such act, uses a deadly or dangerous weapon,
shall be punished by a fine of not more than ten thousand dollars or by
imprisonment in a state correctional facility for not more than ten
years, or both.))
NEW SECTION. Sec. 318 A new section is added to chapter 69.25
RCW to read as follows:
(1) Notwithstanding any other provision of law, any person who
forcibly assaults, resists, impedes, intimidates, or interferes with
any person while engaged in or on account of the performance of his or
her official duties under this chapter is guilty of a class C felony
and shall be punished by a fine of not more than five thousand dollars
or imprisonment in a state correctional facility for not more than
three years, or both.
(2) Whoever, in the commission of any act described in subsection
(1) of this section, uses a deadly or dangerous weapon is guilty of a
class B felony and shall be punished by a fine of not more than ten
thousand dollars or by imprisonment in a state correctional facility
for not more than ten years, or both.
Sec. 319 RCW 69.25.160 and 1975 1st ex.s. c 201 s 17 are each
amended to read as follows:
Before any violation of this chapter, other than ((RCW
69.25.150(3))) section 318 of this act, is reported by the director to
any prosecuting attorney for institution of a criminal proceeding, the
person against whom such proceeding is contemplated shall be given
reasonable notice of the alleged violation and opportunity to present
his or her views orally or in writing with regard to such contemplated
proceeding. Nothing in this chapter shall be construed as requiring
the director to report for criminal prosecution violation of this
chapter whenever he or she believes that the public interest will be
adequately served and compliance with this chapter obtained by a
suitable written notice of warning.
Sec. 320 RCW 69.40.020 and 1905 c 50 s 1 are each amended to read
as follows:
Any person who shall sell, offer to sell, or have in his or her
possession for the purpose of sale, either as owner, proprietor, or
assistant, or in any manner whatsoever, whether for hire or otherwise,
any milk or any food products, containing the chemical ingredient
commonly known as formaldehyde, or in which any formaldehyde or other
poisonous substance has been mixed, for the purpose of preservation or
otherwise, ((shall be)) is guilty of a class C felony, and upon
conviction thereof shall be imprisoned in the penitentiary for the
period of not less than one year nor more than three years.
Sec. 321 RCW 69.40.030 and 1992 c 7 s 48 are each amended to read
as follows:
(1) Every person who willfully mingles poison or ((place[s]))
places any harmful object or substance, including but not limited to
pins, tacks, needles, nails, razor blades, wire, or glass in any food,
drink, medicine, or other edible substance intended or prepared for the
use of a human being or who shall knowingly furnish, with intent to
harm another person, any food, drink, medicine, or other edible
substance containing such poison or harmful object or substance to
another human being, and every person who willfully poisons any spring,
well, or reservoir of water, is guilty of a class B felony and shall be
punished by imprisonment in a state correctional facility for not less
than five years or by a fine of not less than one thousand dollars((:
PROVIDED, HOWEVER, That)).
(2) This act shall not apply to the employer or employers of a
person who violates ((the provisions contained herein)) this section
without such employer's knowledge.
Sec. 322 RCW 69.41.020 and 1989 1st ex.s. c 9 s 408 and 1989 c
352 s 8 are each reenacted and amended to read as follows:
Legend drugs shall not be sold, delivered, dispensed or
administered except in accordance with this chapter.
(1) No person shall obtain or attempt to obtain a legend drug, or
procure or attempt to procure the administration of a legend drug:
(a) By fraud, deceit, misrepresentation, or subterfuge; or
(b) By the forgery or alteration of a prescription or of any
written order; or
(c) By the concealment of a material fact; or
(d) By the use of a false name or the giving of a false address.
(2) Information communicated to a practitioner in an effort
unlawfully to procure a legend drug, or unlawfully to procure the
administration of any such drug, shall not be deemed a privileged
communication.
(3) No person shall willfully make a false statement in any
prescription, order, report, or record, required by this chapter.
(4) No person shall, for the purpose of obtaining a legend drug,
falsely assume the title of, or represent himself or herself to be, a
manufacturer, wholesaler, or any practitioner.
(5) No person shall make or utter any false or forged prescription
or other written order for legend drugs.
(6) No person shall affix any false or forged label to a package or
receptacle containing legend drugs.
(7) No person shall willfully fail to maintain the records required
by RCW 69.41.042 and 69.41.270.
(8) A violation of this section is a class B felony punishable
according to chapter 9A.20 RCW.
Sec. 323 RCW 69.41.030 and 1996 c 178 s 17 are each amended to
read as follows:
(1) It shall be unlawful for any person to sell, deliver, or
possess any legend drug except upon the order or prescription of a
physician under chapter 18.71 RCW, an osteopathic physician and surgeon
under chapter 18.57 RCW, a dentist under chapter 18.32 RCW, a podiatric
physician and surgeon under chapter 18.22 RCW, a veterinarian under
chapter 18.92 RCW, a commissioned medical or dental officer in the
United States armed forces or public health service in the discharge of
his or her official duties, a duly licensed physician or dentist
employed by the veterans administration in the discharge of his or her
official duties, a registered nurse or advanced registered nurse
practitioner under chapter 18.79 RCW when authorized by the nursing
care quality assurance commission, an osteopathic physician assistant
under chapter 18.57A RCW when authorized by the board of osteopathic
medicine and surgery, a physician assistant under chapter 18.71A RCW
when authorized by the medical quality assurance commission, a
physician licensed to practice medicine and surgery or a physician
licensed to practice osteopathic medicine and surgery, a dentist
licensed to practice dentistry, a podiatric physician and surgeon
licensed to practice podiatric medicine and surgery, or a veterinarian
licensed to practice veterinary medicine, in any province of Canada
which shares a common border with the state of Washington or in any
state of the United States: PROVIDED, HOWEVER, That the above
provisions shall not apply to sale, delivery, or possession by drug
wholesalers or drug manufacturers, or their agents or employees, or to
any practitioner acting within the scope of his or her license, or to
a common or contract carrier or warehouseman, or any employee thereof,
whose possession of any legend drug is in the usual course of business
or employment: PROVIDED FURTHER, That nothing in this chapter or
chapter 18.64 RCW shall prevent a family planning clinic that is under
contract with the department of social and health services from
selling, delivering, possessing, and dispensing commercially
prepackaged oral contraceptives prescribed by authorized, licensed
health care practitioners.
(2)(a) A violation of this section involving the sale, delivery, or
possession with intent to sell or deliver is a class B felony
punishable according to chapter 9A.20 RCW.
(b) A violation of this section involving possession is a
misdemeanor.
Sec. 324 RCW 69.41.040 and 1973 1st ex.s. c 186 s 4 are each
amended to read as follows:
(1) A prescription, in order to be effective in legalizing the
possession of legend drugs, must be issued for a legitimate medical
purpose by one authorized to prescribe the use of such legend drugs.
An order purporting to be a prescription issued to a drug abuser or
habitual user of legend drugs, not in the course of professional
treatment, is not a prescription within the meaning and intent of this
section; and the person who knows or should know that he or she is
filling such an order, as well as the person issuing it, may be charged
with violation of this chapter. A legitimate medical purpose shall
include use in the course of a bona fide research program in
conjunction with a hospital or university.
(2) A violation of this section is a class B felony punishable
according to chapter 9A.20 RCW.
Sec. 325 RCW 69.41.050 and 1980 c 83 s 8 are each amended to read
as follows:
(1) To every box, bottle, jar, tube or other container of a legend
drug, which is dispensed by a practitioner authorized to prescribe
legend drugs, there shall be affixed a label bearing the name of the
prescriber, complete directions for use, the name of the drug either by
the brand or generic name and strength per unit dose, name of patient
and date: PROVIDED, That the practitioner may omit the name and dosage
of the drug if he or she determines that his or her patient should not
have this information and that, if the drug dispensed is a trial sample
in its original package and which is labeled in accordance with federal
law or regulation, there need be set forth additionally only the name
of the issuing practitioner and the name of the patient.
(2) A violation of this section is a misdemeanor.
Sec. 326 RCW 69.41.070 and 1989 c 369 s 4 are each amended to
read as follows:
((Whoever violates any provision of this chapter shall, upon
conviction, be fined and imprisoned as herein provided:)) (1) A person who violates the provisions of this chapter
by possessing under two hundred tablets or eight 2cc bottles of steroid
without a valid prescription is guilty of a gross misdemeanor.
(1) For a violation of RCW 69.41.020, the offender shall be guilty
of a felony.
(2) For a violation of RCW 69.41.030 involving the sale, delivery,
or possession with intent to sell or deliver, the offender shall be
guilty of a felony.
(3) For a violation of RCW 69.41.030 involving possession, the
offender shall be guilty of a misdemeanor.
(4) For a violation of RCW 69.41.040, the offender shall be guilty
of a felony.
(5) For a violation of RCW 69.41.050, the offender shall be guilty
of a misdemeanor.
(6) Any offense which is a violation of chapter 69.50 RCW other
than RCW 69.50.401(c) shall not be charged under this chapter.
(7) For a violation of RCW 69.41.320(1), the offender shall be
guilty of a gross misdemeanor and subject to disciplinary action under
RCW 18.130.180.
(8)(a)
(((b))) (2) A person who violates the provisions of this chapter by
possessing over two hundred tablets or eight 2cc bottles of steroid
without a valid prescription is guilty of a class C felony and shall be
punished according to ((RCW 9A.20.010(1)(c))) chapter 9A.20 RCW.
NEW SECTION. Sec. 327 A new section is added to chapter 69.41
RCW to read as follows:
Any offense which is a violation of chapter 69.50 RCW other than
section 333 of this act shall not be charged under this chapter.
Sec. 328 RCW 69.41.300 and 1989 c 369 s 1 are each amended to
read as follows:
For the purposes of RCW 69.41.070 (as recodified by this act) and
69.41.300 through 69.41.340, "steroids" shall include the following:
(1) "Anabolic steroids" means synthetic derivatives of testosterone
or any isomer, ester, salt, or derivative that act in the same manner
on the human body;
(2) "Androgens" means testosterone in one of its forms or a
derivative, isomer, ester, or salt, that act in the same manner on the
human body; and
(3) "Human growth hormones" means growth hormones, or a derivative,
isomer, ester, or salt that act in the same manner on the human body.
Sec. 329 RCW 69.41.320 and 1989 c 369 s 3 are each amended to
read as follows:
(1)(a) A practitioner shall not prescribe, administer, or dispense
steroids, as defined in RCW 69.41.300, or any form of autotransfusion
for the purpose of manipulating hormones to increase muscle mass,
strength, or weight, or for the purpose of enhancing athletic ability,
without a medical necessity to do so.
(b) A person violating this subsection is guilty of a gross
misdemeanor and is subject to disciplinary action under RCW 18.130.180.
(2) A practitioner shall complete and maintain patient medical
records which accurately reflect the prescribing, administering, or
dispensing of any substance or drug described in this section or any
form of autotransfusion. Patient medical records shall indicate the
diagnosis and purpose for which the substance, drug, or autotransfusion
is prescribed, administered, or dispensed and any additional
information upon which the diagnosis is based.
Sec. 330 RCW 69.41.330 and 1989 c 369 s 5 are each amended to
read as follows:
The superintendent of public instruction shall develop and
distribute to all school districts signs of appropriate design and
dimensions advising students of the health risks that steroids present
when used solely to enhance athletic ability, and of the penalties for
their unlawful possession provided by RCW 69.41.070 (as recodified by
this act) and 69.41.300 through 69.41.340.
School districts shall post or cause the signs to be posted in a
prominent place for ease of viewing on the premises of school athletic
departments.
Sec. 331 RCW 69.50.401 and 1998 c 290 s 1 and 1998 c 82 s 2 are
each reenacted and amended to read as follows:
(((a))) (1) Except as authorized by this chapter, it is unlawful
for any person to manufacture, deliver, or possess with intent to
manufacture or deliver, a controlled substance.
(((1))) (2) Any person who violates this ((subsection)) section
with respect to:
(((i))) (a) A controlled substance classified in Schedule I or II
which is a narcotic drug or flunitrazepam classified in Schedule IV, is
guilty of a ((crime)) class B felony and upon conviction may be
imprisoned for not more than ten years, or (((A))) (i) fined not more
than twenty-five thousand dollars if the crime involved less than two
kilograms of the drug, or both such imprisonment and fine; or (((B)))
(ii) if the crime involved two or more kilograms of the drug, then
fined not more than one hundred thousand dollars for the first two
kilograms and not more than fifty dollars for each gram in excess of
two kilograms, or both such imprisonment and fine;
(((ii))) (b) Amphetamine or methamphetamine, is guilty of a
((crime)) class B felony and upon conviction may be imprisoned for not
more than ten years, or (((A))) (i) fined not more than twenty-five
thousand dollars if the crime involved less than two kilograms of the
drug, or both such imprisonment and fine; or (((B))) (ii) if the crime
involved two or more kilograms of the drug, then fined not more than
one hundred thousand dollars for the first two kilograms and not more
than fifty dollars for each gram in excess of two kilograms, or both
such imprisonment and fine. Three thousand dollars of the fine may not
be suspended. As collected, the first three thousand dollars of the
fine must be deposited with the law enforcement agency having
responsibility for cleanup of laboratories, sites, or substances used
in the manufacture of the methamphetamine. The fine moneys deposited
with that law enforcement agency must be used for such clean-up cost;
(((iii))) (c) Any other controlled substance classified in Schedule
I, II, or III, is guilty of a ((crime and upon conviction may be
imprisoned for not more than five years, fined not more than ten
thousand dollars, or both)) class C felony punishable according to
chapter 9A.20 RCW;
(((iv))) (d) A substance classified in Schedule IV, except
flunitrazepam, is guilty of a ((crime and upon conviction may be
imprisoned for not more than five years, fined not more than ten
thousand dollars, or both)) class C felony punishable according to
chapter 9A.20 RCW; or
(((v))) (e) A substance classified in Schedule V, is guilty of a
((crime and upon conviction may be imprisoned for not more than five
years, fined not more than ten thousand dollars, or both)) class C
felony punishable according to chapter 9A.20 RCW.
(((b) Except as authorized by this chapter, it is unlawful for any
person to create, deliver, or possess a counterfeit substance.))
(1) Any person who violates this subsection with respect to:
(i) a counterfeit substance classified in Schedule I or II which is
a narcotic drug, or flunitrazepam classified in Schedule IV, is guilty
of a crime and upon conviction may be imprisoned for not more than ten
years, fined not more than twenty-five thousand dollars, or both;
(ii) a counterfeit substance which is methamphetamine, is guilty of
a crime and upon conviction may be imprisoned for not more than ten
years, fined not more than twenty-five thousand dollars, or both;
(iii) any other counterfeit substance classified in Schedule I, II,
or III, is guilty of a crime and upon conviction may be imprisoned for
not more than five years, fined not more than ten thousand dollars, or
both;
(iv) a counterfeit substance classified in Schedule IV, except
flunitrazepam, is guilty of a crime and upon conviction may be
imprisoned for not more than five years, fined not more than ten
thousand dollars, or both;
(v) a counterfeit substance classified in Schedule V, is guilty of
a crime and upon conviction may be imprisoned for not more than five
years, fined not more than ten thousand dollars, or both.
(c) It is unlawful, except as authorized in this chapter and
chapter 69.41 RCW, for any person to offer, arrange, or negotiate for
the sale, gift, delivery, dispensing, distribution, or administration
of a controlled substance to any person and then sell, give, deliver,
dispense, distribute, or administer to that person any other liquid,
substance, or material in lieu of such controlled substance. Any
person who violates this subsection is guilty of a crime and upon
conviction may be imprisoned for not more than five years, fined not
more than ten thousand dollars, or both.
(d) It is unlawful for any person to possess a controlled substance
unless the substance was obtained directly from, or pursuant to, a
valid prescription or order of a practitioner while acting in the
course of his or her professional practice, or except as otherwise
authorized by this chapter. Any person who violates this subsection is
guilty of a crime, and upon conviction may be imprisoned for not more
than five years, fined not more than ten thousand dollars, or both,
except as provided for in subsection (e) of this section.
(e) Except as provided for in subsection (a)(1)(iii) of this
section any person found guilty of possession of forty grams or less of
marihuana shall be guilty of a misdemeanor.
(f) It is unlawful to compensate, threaten, solicit, or in any
other manner involve a person under the age of eighteen years in a
transaction unlawfully to manufacture, sell, or deliver a controlled
substance. A violation of this subsection shall be punished as a class
C felony punishable in accordance with RCW 9A.20.021.
This section shall not apply to offenses defined and punishable
under the provisions of RCW 69.50.410.
NEW SECTION. Sec. 332 A new section is added to chapter 69.50
RCW to read as follows:
(1) Except as authorized by this chapter, it is unlawful for any
person to create, deliver, or possess a counterfeit substance.
(2) Any person who violates this section with respect to:
(a) A counterfeit substance classified in Schedule I or II which is
a narcotic drug, or flunitrazepam classified in Schedule IV, is guilty
of a class B felony and upon conviction may be imprisoned for not more
than ten years, fined not more than twenty-five thousand dollars, or
both;
(b) A counterfeit substance which is methamphetamine, is guilty of
a class B felony and upon conviction may be imprisoned for not more
than ten years, fined not more than twenty-five thousand dollars, or
both;
(c) Any other counterfeit substance classified in Schedule I, II,
or III, is guilty of a class C felony punishable according to chapter
9A.20 RCW;
(d) A counterfeit substance classified in Schedule IV, except
flunitrazepam, is guilty of a class C felony punishable according to
chapter 9A.20 RCW;
(e) A counterfeit substance classified in Schedule V, is guilty of
a class C felony punishable according to chapter 9A.20 RCW.
NEW SECTION. Sec. 333 A new section is added to chapter 69.50
RCW to read as follows:
(1) It is unlawful, except as authorized in this chapter and
chapter 69.41 RCW, for any person to offer, arrange, or negotiate for
the sale, gift, delivery, dispensing, distribution, or administration
of a controlled substance to any person and then sell, give, deliver,
dispense, distribute, or administer to that person any other liquid,
substance, or material in lieu of such controlled substance.
(2) Any person who violates this section is guilty of a class C
felony punishable according to chapter 9A.20 RCW.
NEW SECTION. Sec. 334 A new section is added to chapter 69.50
RCW to read as follows:
(1) It is unlawful for any person to possess a controlled substance
unless the substance was obtained directly from, or pursuant to, a
valid prescription or order of a practitioner while acting in the
course of his or her professional practice, or except as otherwise
authorized by this chapter.
(2) Except as provided in section 335 of this act, any person who
violates this section is guilty of a class C felony punishable under
chapter 9A.20 RCW.
NEW SECTION. Sec. 335 A new section is added to chapter 69.50
RCW to read as follows:
Except as provided in RCW 69.50.401(2)(c), any person found guilty
of possession of forty grams or less of marihuana is guilty of a
misdemeanor.
NEW SECTION. Sec. 336 A new section is added to chapter 69.50
RCW to read as follows:
(1) It is unlawful to compensate, threaten, solicit, or in any
other manner involve a person under the age of eighteen years in a
transaction unlawfully to manufacture, sell, or deliver a controlled
substance.
(2) A violation of this section is a class C felony punishable
according to chapter 9A.20 RCW.
NEW SECTION. Sec. 337 A new section is added to chapter 69.50
RCW to read as follows:
RCW 69.50.401 and sections 332 through 336 of this act shall not
apply to offenses defined and punishable under the provisions of RCW
69.50.410.
Sec. 338 RCW 69.50.402 and 1994 sp.s. c 9 s 740 are each amended
to read as follows:
(((a))) (1) It is unlawful for any person:
(((1))) (a) Who is subject to Article III to distribute or dispense
a controlled substance in violation of RCW 69.50.308;
(((2))) (b) Who is a registrant, to manufacture a controlled
substance not authorized by his or her registration, or to distribute
or dispense a controlled substance not authorized by his or her
registration to another registrant or other authorized person;
(((3))) (c) Who is a practitioner, to prescribe, order, dispense,
administer, supply, or give to any person:
(i) Any amphetamine, including its salts, optical isomers, and
salts of optical isomers classified as a schedule II controlled
substance by the board of pharmacy pursuant to chapter 34.05 RCW; or
(ii) Any nonnarcotic stimulant classified as a schedule II
controlled substance and designated as a nonnarcotic stimulant by the
board of pharmacy pursuant to chapter 34.05 RCW;
except for the treatment of narcolepsy or for the treatment of
hyperkinesis, or for the treatment of drug-induced brain dysfunction,
or for the treatment of epilepsy, or for the differential diagnostic
psychiatric evaluation of depression, or for the treatment of
depression shown to be refractory to other therapeutic modalities, or
for the clinical investigation of the effects of such drugs or
compounds, in which case an investigative protocol therefor shall have
been submitted to and reviewed and approved by the state board of
pharmacy before the investigation has been begun: PROVIDED, That the
board of pharmacy, in consultation with the medical quality assurance
commission and the osteopathic disciplinary board, may establish by
rule, pursuant to chapter 34.05 RCW, disease states or conditions in
addition to those listed in this subsection for the treatment of which
Schedule II nonnarcotic stimulants may be prescribed, ordered,
dispensed, administered, supplied, or given to patients by
practitioners: AND PROVIDED, FURTHER, That investigations by the board
of pharmacy of abuse of prescriptive authority by physicians, licensed
pursuant to chapter 18.71 RCW, pursuant to subsection (((a)(3))) (1)(c)
of this section shall be done in consultation with the medical quality
assurance commission;
(((4))) (d) To refuse or fail to make, keep or furnish any record,
notification, order form, statement, invoice, or information required
under this chapter;
(((5))) (e) To refuse an entry into any premises for any inspection
authorized by this chapter; or
(((6))) (f) Knowingly to keep or maintain any store, shop,
warehouse, dwelling, building, vehicle, boat, aircraft, or other
structure or place, which is resorted to by persons using controlled
substances in violation of this chapter for the purpose of using these
substances, or which is used for keeping or selling them in violation
of this chapter.
(((b))) (2) Any person who violates this section is guilty of a
((crime)) class C felony and upon conviction may be imprisoned for not
more than two years, fined not more than two thousand dollars, or both.
Sec. 339 RCW 69.50.403 and 1996 c 255 s 1 are each amended to
read as follows:
(((a))) (1) It is unlawful for any person knowingly or
intentionally:
(((1))) (a) To distribute as a registrant a controlled substance
classified in Schedules I or II, except pursuant to an order form as
required by RCW 69.50.307;
(((2))) (b) To use in the course of the manufacture, distribution,
or dispensing of a controlled substance, or to use for the purpose of
acquiring or obtaining a controlled substance, a registration number
which is fictitious, revoked, suspended, or issued to another person;
(((3))) (c) To obtain or attempt to obtain a controlled substance,
or procure or attempt to procure the administration of a controlled
substance, (i) by fraud, deceit, misrepresentation, or subterfuge; or
(ii) by forgery or alteration of a prescription or any written order;
or (iii) by the concealment of material fact; or (iv) by the use of a
false name or the giving of a false address((.));
(((4))) (d) To falsely assume the title of, or represent herself or
himself to be, a manufacturer, wholesaler, pharmacist, physician,
dentist, veterinarian, or other authorized person for the purpose of
obtaining a controlled substance((.));
(((5))) (e) To make or utter any false or forged prescription or
false or forged written order((.));
(((6))) (f) To affix any false or forged label to a package or
receptacle containing controlled substances((.));
(((7))) (g) To furnish false or fraudulent material information in,
or omit any material information from, any application, report, or
other document required to be kept or filed under this chapter, or any
record required to be kept by this chapter; ((or)) (h) To possess a false or fraudulent prescription with intent
to obtain a controlled substance((
(8).)); or
(((9))) (i) To attempt to illegally obtain controlled substances by
providing more than one name to a practitioner when obtaining a
prescription for a controlled substance. If a person's name is legally
changed during the time period that he or she is receiving health care
from a practitioner, the person shall inform all providers of care so
that the medical and pharmacy records for the person may be filed under
a single name identifier.
(((b))) (2) Information communicated to a practitioner in an effort
unlawfully to procure a controlled substance or unlawfully to procure
the administration of such substance, shall not be deemed a privileged
communication.
(((c))) (3) A person who violates this section is guilty of a
((crime)) class C felony and upon conviction may be imprisoned for not
more than two years, or fined not more than two thousand dollars, or
both.
Sec. 340 RCW 69.50.406 and 1998 c 290 s 2 are each amended to
read as follows:
(((a))) (1) Any person eighteen years of age or over who violates
RCW 69.50.401(((a))) by distributing a controlled substance listed in
Schedules I or II which is a narcotic drug or methamphetamine, or
flunitrazepam listed in Schedule IV, to a person under eighteen years
of age is guilty of a class A felony punishable by the fine authorized
by RCW 69.50.401(((a)(1) (i) or (ii))) (2) (a) or (b), by a term of
imprisonment of up to twice that authorized by RCW 69.50.401(((a)(1)
(i) or (ii))) (2) (a) or (b), or by both.
(((b))) (2) Any person eighteen years of age or over who violates
RCW 69.50.401(((a))) by distributing any other controlled substance
listed in Schedules I, II, III, IV, and V to a person under eighteen
years of age who is at least three years his or her junior is guilty of
a class B felony punishable by the fine authorized by RCW
69.50.401(((a)(1) (iii), (iv), or (v))) (2) (c), (d), or (e), by a term
of imprisonment up to twice that authorized by RCW 69.50.401(((a)(1)
(iii), (iv), or (v))) (2) (c), (d), or (e), or both.
Sec. 341 RCW 69.50.408 and 1989 c 8 s 3 are each amended to read
as follows:
(((a))) (1) Any person convicted of a second or subsequent offense
under this chapter may be imprisoned for a term up to twice the term
otherwise authorized, fined an amount up to twice that otherwise
authorized, or both.
(((b))) (2) For purposes of this section, an offense is considered
a second or subsequent offense, if, prior to his or her conviction of
the offense, the offender has at any time been convicted under this
chapter or under any statute of the United States or of any state
relating to narcotic drugs, marihuana, depressant, stimulant, or
hallucinogenic drugs.
(((c))) (3) This section does not apply to offenses under ((RCW
69.50.401(d))) section 334 of this act.
Sec. 342 RCW 69.50.410 and 1999 c 324 s 6 are each amended to
read as follows:
(1) Except as authorized by this chapter it ((shall be unlawful))
is a class C felony for any person to sell for profit any controlled
substance or counterfeit substance classified in Schedule I, RCW
69.50.204, except leaves and flowering tops of marihuana.
For the purposes of this section only, the following words and
phrases shall have the following meanings:
(a) "To sell" means the passing of title and possession of a
controlled substance from the seller to the buyer for a price whether
or not the price is paid immediately or at a future date.
(b) "For profit" means the obtaining of anything of value in
exchange for a controlled substance.
(c) "Price" means anything of value.
(2)(a) Any person convicted of a violation of subsection (1) of
this section shall receive a sentence of not more than five years in a
correctional facility of the department of social and health services
for the first offense.
(b) Any person convicted on a second or subsequent cause, the sale
having transpired after prosecution and conviction on the first cause,
of subsection (1) of this section shall receive a mandatory sentence of
five years in a correctional facility of the department of social and
health services and no judge of any court shall suspend or defer the
sentence imposed for the second or subsequent violation of subsection
(1) of this section.
(3)(a) Any person convicted of a violation of subsection (1) of
this section by selling heroin shall receive a mandatory sentence of
two years in a correctional facility of the department of social and
health services and no judge of any court shall suspend or defer the
sentence imposed for such violation.
(b) Any person convicted on a second or subsequent sale of heroin,
the sale having transpired after prosecution and conviction on the
first cause of the sale of heroin shall receive a mandatory sentence of
ten years in a correctional facility of the department of social and
health services and no judge of any court shall suspend or defer the
sentence imposed for this second or subsequent violation: PROVIDED,
That the indeterminate sentence review board under RCW 9.95.040 shall
not reduce the minimum term imposed for a violation under this
subsection.
(4) Whether or not a mandatory minimum term has expired, an
offender serving a sentence under this section may be granted an
extraordinary medical placement when authorized under RCW 9.94A.728(4).
(5) In addition to the sentences provided in subsection (2) of this
section, any person convicted of a violation of subsection (1) of this
section shall be fined in an amount calculated to at least eliminate
any and all proceeds or profits directly or indirectly gained by such
person as a result of sales of controlled substances in violation of
the laws of this or other states, or the United States, up to the
amount of five hundred thousand dollars on each count.
(6) Any person, addicted to the use of controlled substances, who
voluntarily applies to the department of social and health services for
the purpose of participating in a rehabilitation program approved by
the department for addicts of controlled substances shall be immune
from prosecution for subsection (1) offenses unless a filing of an
information or indictment against such person for a violation of
subsection (1) of this section is made prior to his or her voluntary
participation in the program of the department of social and health
services. All applications for immunity under this section shall be
sent to the department of social and health services in Olympia. It
shall be the duty of the department to stamp each application received
pursuant to this section with the date and time of receipt.
(7) This section shall not apply to offenses defined and punishable
under the provisions of RCW 69.50.401 or sections 332 through 336 of
this act.
Sec. 343 RCW 69.50.415 and 1996 c 205 s 8 are each amended to
read as follows:
(((a))) (1) A person who unlawfully delivers a controlled substance
in violation of RCW 69.50.401(((a)(1) (i), (ii), or (iii))) (2) (a),
(b), or (c) which controlled substance is subsequently used by the
person to whom it was delivered, resulting in the death of the user, is
guilty of controlled substances homicide.
(((b))) (2) Controlled substances homicide is a class B felony
punishable according to chapter 9A.20 RCW ((9A.20.021)).
Sec. 344 RCW 69.50.416 and 1993 c 187 s 22 are each amended to
read as follows:
(((a))) (1) It is unlawful for any person knowingly or
intentionally to manufacture, deliver, or possess with intent to
manufacture or deliver, a controlled substance which, or the container
or labeling of which, without authorization, bears the trademark, trade
name, or other identifying mark, imprint, number, or device, or any
likeness thereof, of a manufacturer, distributor, or dispenser, other
than the person who in fact manufactured, distributed, or dispensed the
substance.
(((b))) (2) It is unlawful for any person knowingly or
intentionally to make, distribute, or possess a punch, die, plate,
stone, or other thing designed to print, imprint, or reproduce the
trademark, trade name, or other identifying mark, imprint, or device of
another or any likeness of any of the foregoing upon any drug or
container or labeling thereof.
(((c))) (3) A person who violates this section is guilty of a
((crime)) class C felony and upon conviction may be imprisoned for not
more than two years, fined not more than two thousand dollars, or both.
Sec. 345 RCW 69.50.430 and 1989 c 271 s 106 are each amended to
read as follows:
(1) Every person convicted of a felony violation of RCW 69.50.401,
sections 332 through 334 and 336 of this act, 69.50.402, 69.50.403,
69.50.406, 69.50.407, 69.50.410, or 69.50.415 shall be fined one
thousand dollars in addition to any other fine or penalty imposed.
Unless the court finds the person to be indigent, this additional fine
shall not be suspended or deferred by the court.
(2) On a second or subsequent conviction for violation of any of
the laws listed in subsection (1) of this section, the person shall be
fined two thousand dollars in addition to any other fine or penalty
imposed. Unless the court finds the person to be indigent, this
additional fine shall not be suspended or deferred by the court.
Sec. 346 RCW 69.50.435 and 1997 c 30 s 2 and 1997 c 23 s 1 are
each reenacted and amended to read as follows:
(((a))) (1) Any person who violates RCW 69.50.401(((a))) by
manufacturing, selling, delivering, or possessing with the intent to
manufacture, sell, or deliver a controlled substance listed under
((that subsection)) RCW 69.50.401 or who violates RCW 69.50.410 by
selling for profit any controlled substance or counterfeit substance
classified in schedule I, RCW 69.50.204, except leaves and flowering
tops of marihuana to a person:
(((1))) (a) In a school;
(((2))) (b) On a school bus;
(((3))) (c) Within one thousand feet of a school bus route stop
designated by the school district;
(((4))) (d) Within one thousand feet of the perimeter of the school
grounds;
(((5))) (e) In a public park;
(((6))) (f) In a public housing project designated by a local
governing authority as a drug-free zone;
(((7))) (g) On a public transit vehicle;
(((8))) (h) In a public transit stop shelter;
(((9))) (i) At a civic center designated as a drug-free zone by the
local governing authority; or
(((10))) (j) Within one thousand feet of the perimeter of a
facility designated under (((9))) (i) of this subsection, if the local
governing authority specifically designates the one thousand foot
perimeter
may be punished by a fine of up to twice the fine otherwise authorized
by this chapter, but not including twice the fine authorized by RCW
69.50.406, or by imprisonment of up to twice the imprisonment otherwise
authorized by this chapter, but not including twice the imprisonment
authorized by RCW 69.50.406, or by both such fine and imprisonment.
The provisions of this section shall not operate to more than double
the fine or imprisonment otherwise authorized by this chapter for an
offense.
(((b))) (2) It is not a defense to a prosecution for a violation of
this section that the person was unaware that the prohibited conduct
took place while in a school or school bus or within one thousand feet
of the school or school bus route stop, in a public park, in a public
housing project designated by a local governing authority as a drug-free zone, on a public transit vehicle, in a public transit stop
shelter, at a civic center designated as a drug-free zone by the local
governing authority, or within one thousand feet of the perimeter of a
facility designated under subsection (((a)(9))) (1)(i) of this section,
if the local governing authority specifically designates the one
thousand foot perimeter.
(((c))) (3) It is not a defense to a prosecution for a violation of
this section or any other prosecution under this chapter that persons
under the age of eighteen were not present in the school, the school
bus, the public park, the public housing project designated by a local
governing authority as a drug-free zone, or the public transit vehicle,
or at the school bus route stop, the public transit vehicle stop
shelter, at a civic center designated as a drug-free zone by the local
governing authority, or within one thousand feet of the perimeter of a
facility designated under subsection (((a)(9))) (1)(i) of this section,
if the local governing authority specifically designates the one
thousand foot perimeter at the time of the offense or that school was
not in session.
(((d))) (4) It is an affirmative defense to a prosecution for a
violation of this section that the prohibited conduct took place
entirely within a private residence, that no person under eighteen
years of age or younger was present in such private residence at any
time during the commission of the offense, and that the prohibited
conduct did not involve delivering, manufacturing, selling, or
possessing with the intent to manufacture, sell, or deliver any
controlled substance in RCW 69.50.401(((a))) for profit. The
affirmative defense established in this section shall be proved by the
defendant by a preponderance of the evidence. This section shall not
be construed to establish an affirmative defense with respect to a
prosecution for an offense defined in any other section of this
chapter.
(((e))) (5) In a prosecution under this section, a map produced or
reproduced by any municipality, school district, county, transit
authority engineer, or public housing authority for the purpose of
depicting the location and boundaries of the area on or within one
thousand feet of any property used for a school, school bus route stop,
public park, public housing project designated by a local governing
authority as a drug-free zone, public transit vehicle stop shelter, or
a civic center designated as a drug-free zone by a local governing
authority, or a true copy of such a map, shall under proper
authentication, be admissible and shall constitute prima facie evidence
of the location and boundaries of those areas if the governing body of
the municipality, school district, county, or transit authority has
adopted a resolution or ordinance approving the map as the official
location and record of the location and boundaries of the area on or
within one thousand feet of the school, school bus route stop, public
park, public housing project designated by a local governing authority
as a drug-free zone, public transit vehicle stop shelter, or civic
center designated as a drug-free zone by a local governing authority.
Any map approved under this section or a true copy of the map shall be
filed with the clerk of the municipality or county, and shall be
maintained as an official record of the municipality or county. This
section shall not be construed as precluding the prosecution from
introducing or relying upon any other evidence or testimony to
establish any element of the offense. This section shall not be
construed as precluding the use or admissibility of any map or diagram
other than the one which has been approved by the governing body of a
municipality, school district, county, transit authority, or public
housing authority if the map or diagram is otherwise admissible under
court rule.
(((f))) (6) As used in this section the following terms have the
meanings indicated unless the context clearly requires otherwise:
(((1))) (a) "School" has the meaning under RCW 28A.150.010 or
28A.150.020. The term "school" also includes a private school approved
under RCW 28A.195.010;
(((2))) (b) "School bus" means a school bus as defined by the
superintendent of public instruction by rule which is owned and
operated by any school district and all school buses which are
privately owned and operated under contract or otherwise with any
school district in the state for the transportation of students. The
term does not include buses operated by common carriers in the urban
transportation of students such as transportation of students through
a municipal transportation system;
(((3))) (c) "School bus route stop" means a school bus stop as
designated by a school district;
(((4))) (d) "Public park" means land, including any facilities or
improvements on the land, that is operated as a park by the state or a
local government;
(((5))) (e) "Public transit vehicle" means any motor vehicle,
street car, train, trolley vehicle, or any other device, vessel, or
vehicle which is owned or operated by a transit authority and which is
used for the purpose of carrying passengers on a regular schedule;
(((6))) (f) "Transit authority" means a city, county, or state
transportation system, transportation authority, public transportation
benefit area, public transit authority, or metropolitan municipal
corporation within the state that operates public transit vehicles;
(((7))) (g) "Stop shelter" means a passenger shelter designated by
a transit authority;
(((8))) (h) "Civic center" means a publicly owned or publicly
operated place or facility used for recreational, educational, or
cultural activities;
(((9))) (i) "Public housing project" means the same as "housing
project" as defined in RCW 35.82.020.
Sec. 347 RCW 69.50.440 and 2002 c 134 s 1 are each amended to
read as follows:
(1) It is unlawful for any person to possess ephedrine or any of
its salts or isomers or salts of isomers, pseudoephedrine or any of its
salts or isomers or salts of isomers, pressurized ammonia gas, or
pressurized ammonia gas solution with intent to manufacture
methamphetamine.
(2) Any person who violates this section is guilty of a ((crime))
class B felony and may be imprisoned for not more than ten years, fined
not more than twenty-five thousand dollars, or both. Three thousand
dollars of the fine may not be suspended. As collected, the first
three thousand dollars of the fine must be deposited with the law
enforcement agency having responsibility for cleanup of laboratories,
sites, or substances used in the manufacture of the methamphetamine.
The fine moneys deposited with that law enforcement agency must be used
for such clean-up cost.
Sec. 348 RCW 69.50.505 and 2001 c 168 s 1 are each amended to
read as follows:
(((a))) (1) The following are subject to seizure and forfeiture and
no property right exists in them:
(((1))) (a) All controlled substances which have been manufactured,
distributed, dispensed, acquired, or possessed in violation of this
chapter or chapter 69.41 or 69.52 RCW, and all hazardous chemicals, as
defined in RCW 64.44.010, used or intended to be used in the
manufacture of controlled substances;
(((2))) (b) All raw materials, products, and equipment of any kind
which are used, or intended for use, in manufacturing, compounding,
processing, delivering, importing, or exporting any controlled
substance in violation of this chapter or chapter 69.41 or 69.52 RCW;
(((3))) (c) All property which is used, or intended for use, as a
container for property described in ((paragraphs (1) or (2))) (a) or
(b) of this subsection;
(((4))) (d) All conveyances, including aircraft, vehicles, or
vessels, which are used, or intended for use, in any manner to
facilitate the sale, delivery, or receipt of property described in
((paragraphs (1) or (2))) (a) or (b) of this subsection, except that:
(i) No conveyance used by any person as a common carrier in the
transaction of business as a common carrier is subject to forfeiture
under this section unless it appears that the owner or other person in
charge of the conveyance is a consenting party or privy to a violation
of this chapter or chapter 69.41 or 69.52 RCW;
(ii) No conveyance is subject to forfeiture under this section by
reason of any act or omission established by the owner thereof to have
been committed or omitted without the owner's knowledge or consent;
(iii) No conveyance is subject to forfeiture under this section if
used in the receipt of only an amount of marijuana for which possession
constitutes a misdemeanor under ((RCW 69.50.401(e))) section 335 of
this act;
(iv) A forfeiture of a conveyance encumbered by a bona fide
security interest is subject to the interest of the secured party if
the secured party neither had knowledge of nor consented to the act or
omission; and
(v) When the owner of a conveyance has been arrested under this
chapter or chapter 69.41 or 69.52 RCW the conveyance in which the
person is arrested may not be subject to forfeiture unless it is seized
or process is issued for its seizure within ten days of the owner's
arrest;
(((5))) (e) All books, records, and research products and
materials, including formulas, microfilm, tapes, and data which are
used, or intended for use, in violation of this chapter or chapter
69.41 or 69.52 RCW;
(((6))) (f) All drug paraphernalia;
(((7))) (g) All moneys, negotiable instruments, securities, or
other tangible or intangible property of value furnished or intended to
be furnished by any person in exchange for a controlled substance in
violation of this chapter or chapter 69.41 or 69.52 RCW, all tangible
or intangible personal property, proceeds, or assets acquired in whole
or in part with proceeds traceable to an exchange or series of
exchanges in violation of this chapter or chapter 69.41 or 69.52 RCW,
and all moneys, negotiable instruments, and securities used or intended
to be used to facilitate any violation of this chapter or chapter 69.41
or 69.52 RCW. A forfeiture of money, negotiable instruments,
securities, or other tangible or intangible property encumbered by a
bona fide security interest is subject to the interest of the secured
party if, at the time the security interest was created, the secured
party neither had knowledge of nor consented to the act or omission.
No personal property may be forfeited under this ((paragraph))
subsection (1)(g), to the extent of the interest of an owner, by reason
of any act or omission which that owner establishes was committed or
omitted without the owner's knowledge or consent; and
(((8))) (h) All real property, including any right, title, and
interest in the whole of any lot or tract of land, and any
appurtenances or improvements which are being used with the knowledge
of the owner for the manufacturing, compounding, processing, delivery,
importing, or exporting of any controlled substance, or which have been
acquired in whole or in part with proceeds traceable to an exchange or
series of exchanges in violation of this chapter or chapter 69.41 or
69.52 RCW, if such activity is not less than a class C felony and a
substantial nexus exists between the commercial production or sale of
the controlled substance and the real property. However:
(i) No property may be forfeited pursuant to this subsection
(1)(h), to the extent of the interest of an owner, by reason of any act
or omission committed or omitted without the owner's knowledge or
consent;
(ii) The bona fide gift of a controlled substance, legend drug, or
imitation controlled substance shall not result in the forfeiture of
real property;
(iii) The possession of marijuana shall not result in the
forfeiture of real property unless the marijuana is possessed for
commercial purposes, the amount possessed is five or more plants or one
pound or more of marijuana, and a substantial nexus exists between the
possession of marijuana and the real property. In such a case, the
intent of the offender shall be determined by the preponderance of the
evidence, including the offender's prior criminal history, the amount
of marijuana possessed by the offender, the sophistication of the
activity or equipment used by the offender, and other evidence which
demonstrates the offender's intent to engage in commercial activity;
(iv) The unlawful sale of marijuana or a legend drug shall not
result in the forfeiture of real property unless the sale was forty
grams or more in the case of marijuana or one hundred dollars or more
in the case of a legend drug, and a substantial nexus exists between
the unlawful sale and the real property; and
(v) A forfeiture of real property encumbered by a bona fide
security interest is subject to the interest of the secured party if
the secured party, at the time the security interest was created,
neither had knowledge of nor consented to the act or omission.
(((b))) (2) Real or personal property subject to forfeiture under
this chapter may be seized by any board inspector or law enforcement
officer of this state upon process issued by any superior court having
jurisdiction over the property. Seizure of real property shall include
the filing of a lis pendens by the seizing agency. Real property
seized under this section shall not be transferred or otherwise
conveyed until ninety days after seizure or until a judgment of
forfeiture is entered, whichever is later: PROVIDED, That real
property seized under this section may be transferred or conveyed to
any person or entity who acquires title by foreclosure or deed in lieu
of foreclosure of a security interest. Seizure of personal property
without process may be made if:
(((1))) (a) The seizure is incident to an arrest or a search under
a search warrant or an inspection under an administrative inspection
warrant;
(((2))) (b) The property subject to seizure has been the subject of
a prior judgment in favor of the state in a criminal injunction or
forfeiture proceeding based upon this chapter;
(((3))) (c) A board inspector or law enforcement officer has
probable cause to believe that the property is directly or indirectly
dangerous to health or safety; or
(((4))) (d) The board inspector or law enforcement officer has
probable cause to believe that the property was used or is intended to
be used in violation of this chapter.
(((c))) (3) In the event of seizure pursuant to subsection (((b)))
(2) of this section, proceedings for forfeiture shall be deemed
commenced by the seizure. The law enforcement agency under whose
authority the seizure was made shall cause notice to be served within
fifteen days following the seizure on the owner of the property seized
and the person in charge thereof and any person having any known right
or interest therein, including any community property interest, of the
seizure and intended forfeiture of the seized property. Service of
notice of seizure of real property shall be made according to the rules
of civil procedure. However, the state may not obtain a default
judgment with respect to real property against a party who is served by
substituted service absent an affidavit stating that a good faith
effort has been made to ascertain if the defaulted party is
incarcerated within the state, and that there is no present basis to
believe that the party is incarcerated within the state. Notice of
seizure in the case of property subject to a security interest that has
been perfected by filing a financing statement in accordance with
chapter 62A.9A RCW, or a certificate of title, shall be made by service
upon the secured party or the secured party's assignee at the address
shown on the financing statement or the certificate of title. The
notice of seizure in other cases may be served by any method authorized
by law or court rule including but not limited to service by certified
mail with return receipt requested. Service by mail shall be deemed
complete upon mailing within the fifteen day period following the
seizure.
(((d))) (4) If no person notifies the seizing law enforcement
agency in writing of the person's claim of ownership or right to
possession of items specified in subsection (((a)(4), (a)(7), or
(a)(8))) (1)(d), (g), or (h) of this section within forty-five days of
the seizure in the case of personal property and ninety days in the
case of real property, the item seized shall be deemed forfeited. The
community property interest in real property of a person whose spouse
committed a violation giving rise to seizure of the real property may
not be forfeited if the person did not participate in the violation.
(((e))) (5) If any person notifies the seizing law enforcement
agency in writing of the person's claim of ownership or right to
possession of items specified in subsection (((a)(2), (a)(3), (a)(4),
(a)(5), (a)(6), (a)(7), or (a)(8))) (1)(b), (c), (d), (e), (f), (g), or
(h) of this section within forty-five days of the seizure in the case
of personal property and ninety days in the case of real property, the
person or persons shall be afforded a reasonable opportunity to be
heard as to the claim or right. The hearing shall be before the chief
law enforcement officer of the seizing agency or the chief law
enforcement officer's designee, except where the seizing agency is a
state agency as defined in RCW 34.12.020(4), the hearing shall be
before the chief law enforcement officer of the seizing agency or an
administrative law judge appointed under chapter 34.12 RCW, except that
any person asserting a claim or right may remove the matter to a court
of competent jurisdiction. Removal of any matter involving personal
property may only be accomplished according to the rules of civil
procedure. The person seeking removal of the matter must serve process
against the state, county, political subdivision, or municipality that
operates the seizing agency, and any other party of interest, in
accordance with RCW 4.28.080 or 4.92.020, within forty-five days after
the person seeking removal has notified the seizing law enforcement
agency of the person's claim of ownership or right to possession. The
court to which the matter is to be removed shall be the district court
when the aggregate value of personal property is within the
jurisdictional limit set forth in RCW 3.66.020. A hearing before the
seizing agency and any appeal therefrom shall be under Title 34 RCW.
In all cases, the burden of proof is upon the law enforcement agency to
establish, by a preponderance of the evidence, that the property is
subject to forfeiture.
The seizing law enforcement agency shall promptly return the
article or articles to the claimant upon a determination by the
administrative law judge or court that the claimant is the present
lawful owner or is lawfully entitled to possession thereof of items
specified in subsection (((a)(2), (a)(3), (a)(4), (a)(5), (a)(6),
(a)(7), or (a)(8))) (1)(b), (c), (d), (e), (f), (g), or (h) of this
section.
(((f))) (6) In any proceeding to forfeit property under this title,
where the claimant substantially prevails, the claimant is entitled to
reasonable attorneys' fees reasonably incurred by the claimant. In
addition, in a court hearing between two or more claimants to the
article or articles involved, the prevailing party is entitled to a
judgment for costs and reasonable attorneys' fees.
(((g))) (7) When property is forfeited under this chapter the board
or seizing law enforcement agency may:
(((1))) (a) Retain it for official use or upon application by any
law enforcement agency of this state release such property to such
agency for the exclusive use of enforcing the provisions of this
chapter;
(((2))) (b) Sell that which is not required to be destroyed by law
and which is not harmful to the public;
(((3))) (c) Request the appropriate sheriff or director of public
safety to take custody of the property and remove it for disposition in
accordance with law; or
(((4))) (d) Forward it to the drug enforcement administration for
disposition.
(((h)(1))) (8)(a) When property is forfeited, the seizing agency
shall keep a record indicating the identity of the prior owner, if
known, a description of the property, the disposition of the property,
the value of the property at the time of seizure, and the amount of
proceeds realized from disposition of the property.
(((2))) (b) Each seizing agency shall retain records of forfeited
property for at least seven years.
(((3))) (c) Each seizing agency shall file a report including a
copy of the records of forfeited property with the state treasurer each
calendar quarter.
(((4))) (d) The quarterly report need not include a record of
forfeited property that is still being held for use as evidence during
the investigation or prosecution of a case or during the appeal from a
conviction.
(((i)(1))) (9)(a) By January 31st of each year, each seizing agency
shall remit to the state treasurer an amount equal to ten percent of
the net proceeds of any property forfeited during the preceding
calendar year. Money remitted shall be deposited in the violence
reduction and drug enforcement account under RCW 69.50.520.
(((2))) (b) The net proceeds of forfeited property is the value of
the forfeitable interest in the property after deducting the cost of
satisfying any bona fide security interest to which the property is
subject at the time of seizure; and in the case of sold property, after
deducting the cost of sale, including reasonable fees or commissions
paid to independent selling agents, and the cost of any valid
landlord's claim for damages under subsection (((o))) (15) of this
section.
(((3))) (c) The value of sold forfeited property is the sale price.
The value of retained forfeited property is the fair market value of
the property at the time of seizure, determined when possible by
reference to an applicable commonly used index, such as the index used
by the department of licensing for valuation of motor vehicles. A
seizing agency may use, but need not use, an independent qualified
appraiser to determine the value of retained property. If an appraiser
is used, the value of the property appraised is net of the cost of the
appraisal. The value of destroyed property and retained firearms or
illegal property is zero.
(((j))) (10) Forfeited property and net proceeds not required to be
paid to the state treasurer shall be retained by the seizing law
enforcement agency exclusively for the expansion and improvement of
controlled substances related law enforcement activity. Money retained
under this section may not be used to supplant preexisting funding
sources.
(((k))) (11) Controlled substances listed in Schedule I, II, III,
IV, and V that are possessed, transferred, sold, or offered for sale in
violation of this chapter are contraband and shall be seized and
summarily forfeited to the state. Controlled substances listed in
Schedule I, II, III, IV, and V, which are seized or come into the
possession of the board, the owners of which are unknown, are
contraband and shall be summarily forfeited to the board.
(((l))) (12) Species of plants from which controlled substances in
Schedules I and II may be derived which have been planted or cultivated
in violation of this chapter, or of which the owners or cultivators are
unknown, or which are wild growths, may be seized and summarily
forfeited to the board.
(((m))) (13) The failure, upon demand by a board inspector or law
enforcement officer, of the person in occupancy or in control of land
or premises upon which the species of plants are growing or being
stored to produce an appropriate registration or proof that he or she
is the holder thereof constitutes authority for the seizure and
forfeiture of the plants.
(((n))) (14) Upon the entry of an order of forfeiture of real
property, the court shall forward a copy of the order to the assessor
of the county in which the property is located. Orders for the
forfeiture of real property shall be entered by the superior court,
subject to court rules. Such an order shall be filed by the seizing
agency in the county auditor's records in the county in which the real
property is located.
(((o))) (15) A landlord may assert a claim against proceeds from
the sale of assets seized and forfeited under subsection (((g)(2)))
(7)(b) of this section, only if:
(((1))) (a) A law enforcement officer, while acting in his or her
official capacity, directly caused damage to the complaining landlord's
property while executing a search of a tenant's residence; and
(((2))) (b) The landlord has applied any funds remaining in the
tenant's deposit, to which the landlord has a right under chapter 59.18
RCW, to cover the damage directly caused by a law enforcement officer
prior to asserting a claim under the provisions of this section;
(i) Only if the funds applied under (((2))) (b) of this subsection
are insufficient to satisfy the damage directly caused by a law
enforcement officer, may the landlord seek compensation for the damage
by filing a claim against the governmental entity under whose authority
the law enforcement agency operates within thirty days after the
search;
(ii) Only if the governmental entity denies or fails to respond to
the landlord's claim within sixty days of the date of filing, may the
landlord collect damages under this subsection by filing within thirty
days of denial or the expiration of the sixty-day period, whichever
occurs first, a claim with the seizing law enforcement agency. The
seizing law enforcement agency must notify the landlord of the status
of the claim by the end of the thirty-day period. Nothing in this
section requires the claim to be paid by the end of the sixty-day or
thirty-day period.
(((3))) (c) For any claim filed under (((2))) (b) of this
subsection, the law enforcement agency shall pay the claim unless the
agency provides substantial proof that the landlord either:
(i) Knew or consented to actions of the tenant in violation of this
chapter or chapter 69.41 or 69.52 RCW; or
(ii) Failed to respond to a notification of the illegal activity,
provided by a law enforcement agency under RCW 59.18.075, within seven
days of receipt of notification of the illegal activity.
(((p))) (16) The landlord's claim for damages under subsection
(((o))) (15) of this section may not include a claim for loss of
business and is limited to:
(((1))) (a) Damage to tangible property and clean-up costs;
(((2))) (b) The lesser of the cost of repair or fair market value
of the damage directly caused by a law enforcement officer;
(((3))) (c) The proceeds from the sale of the specific tenant's
property seized and forfeited under subsection (((g)(2))) (7)(b) of
this section; and
(((4))) (d) The proceeds available after the seizing law
enforcement agency satisfies any bona fide security interest in the
tenant's property and costs related to sale of the tenant's property as
provided by subsection (((i)(2))) (9)(b) of this section.
(((q))) (17) Subsections (((o) and (p))) (15) and (16) of this
section do not limit any other rights a landlord may have against a
tenant to collect for damages. However, if a law enforcement agency
satisfies a landlord's claim under subsection (((o))) (15) of this
section, the rights the landlord has against the tenant for damages
directly caused by a law enforcement officer under the terms of the
landlord and tenant's contract are subrogated to the law enforcement
agency.
Sec. 349 RCW 69.90.020 and 1985 c 127 s 3 are each amended to
read as follows:
(1) No person may knowingly sell or offer for sale any food product
represented as "kosher" or "kosher style" when that person knows that
the food product is not kosher and when the representation is likely to
cause a prospective purchaser to believe that it is kosher. Such a
representation can be made orally or in writing, or by display of a
sign, mark, insignia, or simulation.
(2) A person violating this section is guilty of a gross
misdemeanor.
Sec. 350 RCW 70.05.120 and 1999 c 391 s 6 are each amended to
read as follows:
(1) Any local health officer or administrative officer appointed
under RCW 70.05.040, if any, who shall refuse or neglect to obey or
enforce the provisions of chapters 70.05, 70.24, and 70.46 RCW or the
rules, regulations or orders of the state board of health or who shall
refuse or neglect to make prompt and accurate reports to the state
board of health, may be removed as local health officer or
administrative officer by the state board of health and shall not again
be reappointed except with the consent of the state board of health.
Any person may complain to the state board of health concerning the
failure of the local health officer or administrative officer to carry
out the laws or the rules and regulations concerning public health, and
the state board of health shall, if a preliminary investigation so
warrants, call a hearing to determine whether the local health officer
or administrative officer is guilty of the alleged acts. Such hearings
shall be held pursuant to the provisions of chapter 34.05 RCW, and the
rules and regulations of the state board of health adopted thereunder.
(2) Any member of a local board of health who shall violate any of
the provisions of chapters 70.05, 70.24, and 70.46 RCW or refuse or
neglect to obey or enforce any of the rules, regulations or orders of
the state board of health made for the prevention, suppression or
control of any dangerous contagious or infectious disease or for the
protection of the health of the people of this state, ((shall be)) is
guilty of a misdemeanor, and upon conviction shall be fined not less
than ten dollars nor more than two hundred dollars.
(3) Any physician who shall refuse or neglect to report to the
proper health officer or administrative officer within twelve hours
after first attending any case of contagious or infectious disease or
any diseases required by the state board of health to be reported or
any case suspicious of being one of such diseases, ((shall be)) is
guilty of a misdemeanor, and upon conviction shall be fined not less
than ten dollars nor more than two hundred dollars for each case that
is not reported.
(4) Any person violating any of the provisions of chapters 70.05,
70.24, and 70.46 RCW or violating or refusing or neglecting to obey any
of the rules, regulations or orders made for the prevention,
suppression and control of dangerous contagious and infectious diseases
by the local board of health or local health officer or administrative
officer or state board of health, or who shall leave any isolation
hospital or quarantined house or place without the consent of the
proper health officer or who evades or breaks quarantine or conceals a
case of contagious or infectious disease or assists in evading or
breaking any quarantine or concealing any case of contagious or
infectious disease, ((shall be)) is guilty of a misdemeanor, and upon
conviction thereof shall be subject to a fine of not less than twenty-five dollars nor more than one hundred dollars or to imprisonment in
the county jail not to exceed ninety days or to both fine and
imprisonment.
Sec. 351 RCW 70.54.090 and 1953 c 185 s 1 are each amended to
read as follows:
(1) It shall be unlawful to attach to utility poles any of the
following: Advertising signs, posters, vending machines, or any
similar object which presents a hazard to, or endangers the lives of,
electrical workers. Any attachment to utility poles shall only be made
with the permission of the utility involved, and shall be placed not
less than twelve feet above the surface of the ground.
(2) A person violating this section is guilty of a misdemeanor.
Sec. 352 RCW 70.54.160 and 1977 ex.s. c 97 s 1 are each amended
to read as follows:
(1) Every establishment which maintains restrooms for use by the
public shall not discriminate in charges required between facilities
used by men and facilities used by women.
(2) When coin lock controls are used, the controls shall be so
allocated as to allow for a proportionate equality of free toilet units
available to women as compared with those units available to men, and
at least one-half of the units in any restroom shall be free of charge.
As used in this section, toilet units are defined as constituting
commodes and urinals.
(3) In situations involving coin locks placed on restroom entry
doors, admission keys shall be readily provided without charge when
requested, and notice as to the availability of the keys shall be
posted on the restroom entry door.
(4) Any owner, agent, manager, or other person charged with the
responsibility of the operation of an establishment who operates such
establishment in violation of this section is guilty of a misdemeanor.
Sec. 353 RCW 70.58.280 and 1915 c 180 s 12 are each amended to
read as follows:
(1) Every person who ((shall)) violates or willfully fails,
neglects, or refuses to comply with any provisions of this act ((shall
be)) is guilty of a misdemeanor and for a second offense shall be
punished by a fine of not less than twenty-five dollars, and for a
third and each subsequent offense shall be punished by a fine of not
less than fifty dollars or more than two hundred and fifty dollars or
by imprisonment for not more than ninety days, or by both fine and
imprisonment((, and)).
(2) Every person who ((shall)) willfully furnishes any false
information for any certificate required by this act or who ((shall))
makes any false statement in any such certificate ((shall be)) is
guilty of a gross misdemeanor.
Sec. 354 RCW 70.74.180 and 1984 c 55 s 1 are each amended to read
as follows:
Any person who has in his or her possession or control any shell,
bomb, or similar device, charged or filled with one or more explosives,
intending to use it or cause it to be used for an unlawful purpose, is
guilty of a class A felony, and upon conviction shall be punished by
imprisonment in a state prison for a term of not more than twenty
years.
Sec. 355 RCW 70.94.430 and 1991 c 199 s 310 are each amended to
read as follows:
(1) Any person who knowingly violates any of the provisions of
chapter 70.94 or 70.120 RCW, or any ordinance, resolution, or
regulation in force pursuant thereto ((shall be)) is guilty of a
((crime)) gross misdemeanor and upon conviction thereof shall be
punished by a fine of not more than ten thousand dollars, or by
imprisonment in the county jail for not more than one year, or by both
for each separate violation.
(2) Any person who negligently releases into the ambient air any
substance listed by the department of ecology as a hazardous air
pollutant, other than in compliance with the terms of an applicable
permit or emission limit, and who at the time negligently places
another person in imminent danger of death or substantial bodily harm
((shall be)) is guilty of a ((crime)) gross misdemeanor and shall, upon
conviction, be punished by a fine of not more than ten thousand
dollars, or by imprisonment for not more than one year, or both.
(3) Any person who knowingly releases into the ambient air any
substance listed by the department of ecology as a hazardous air
pollutant, other than in compliance with the terms of an applicable
permit or emission limit, and who knows at the time that he or she
thereby places another person in imminent danger of death or
substantial bodily harm, ((shall be)) is guilty of a ((crime)) class C
felony and shall, upon conviction, be punished by a fine of not less
than fifty thousand dollars, or by imprisonment for not more than five
years, or both.
(4) Any person who knowingly fails to disclose a potential conflict
of interest under RCW 70.94.100 ((shall be)) is guilty of a gross
misdemeanor, and upon conviction thereof shall be punished by a fine
((or)) of not more than five thousand dollars.
Sec. 356 RCW 70.95D.100 and 1989 c 431 s 74 are each amended to
read as follows:
(1) Any person, including any firm, corporation, municipal
corporation, or other governmental subdivision or agency, with the
exception of incinerator operators, violating any provision of this
chapter or the rules adopted under this chapter, is guilty of a
misdemeanor.
(2) Any incinerator operator((s)) who violates any provision of
this chapter ((shall be)) is guilty of a gross misdemeanor.
(3) Each day of operation in violation of this chapter or any rules
adopted under this chapter shall constitute a separate offense.
(4) The prosecuting attorney or the attorney general, as
appropriate, shall secure injunctions of continuing violations of any
provisions of this chapter or the rules adopted under this chapter.
Sec. 357 RCW 70.105.085 and 1989 c 2 s 15 are each amended to
read as follows:
(1) Any person who knowingly transports, treats, stores, handles,
disposes of, or exports a hazardous substance in violation of this
chapter is guilty of: (((1))) (a) A class B felony punishable
according to chapter 9A.20 RCW if the person knows at the time that the
conduct constituting the violation places another person in imminent
danger of death or serious bodily injury; or (((2))) (b) a class C
felony punishable according to chapter 9A.20 RCW if the person knows
that the conduct constituting the violation places any property of
another person or any natural resources owned by the state of
Washington or any of its local governments in imminent danger of harm.
(2) As used in this section((,)): (a) "Imminent danger" means that
there is a substantial likelihood that harm will be experienced within
a reasonable period of time should the danger not be eliminated((. As
used in this section,)); and (b) "knowingly" refers to an awareness of
facts, not awareness of law. ((Violators shall be punished as provided
under RCW 9A.20.021.))
Sec. 358 RCW 70.106.140 and 1974 ex.s. c 49 s 16 are each amended
to read as follows:
(1) Except as provided in subsection (2) of this section, any
person violating the provisions of this chapter or rules adopted
((hereunder)) under this chapter is guilty of a misdemeanor ((and is
guilty of)).
(2) A second or subsequent violation of the provisions of this
chapter or rules adopted under this chapter is a gross misdemeanor
((for any subsequent offense, however,)). Any offense committed more
than five years after a previous conviction shall be considered a first
offense.
Sec. 359 RCW 70.108.130 and 1979 ex.s. c 136 s 104 are each
amended to read as follows:
(1) Except as otherwise provided in this section, any person who
((shall)) willfully fails to comply with the rules, regulations, and
conditions set forth in this chapter or who ((shall)) aids or abets
such a violation or failure to comply((, shall be deemed)) is guilty of
a gross misdemeanor((: PROVIDED, That)).
(2)(a) Except as provided in (b) of this subsection, violation of
such a rule, regulation, or condition relating to traffic including
parking, standing, stopping, and pedestrian offenses is a traffic
infraction((, except that)).
(b) Violation of such a rule, regulation, or condition equivalent
to those provisions of Title 46 RCW set forth in RCW 46.63.020 is a
misdemeanor.
Sec. 360 RCW 70.110.040 and 1973 1st ex.s. c 211 s 4 are each
amended to read as follows:
(1) It shall be unlawful to manufacture for sale, sell, or offer
for sale any new and unused article of children's sleepwear which does
not comply with the standards established in the Standard for the
Flammability of Children's Sleepwear (DOC FF 3-71), 36 F.R. 14062 and
the Flammable Fabrics Act, 15 U.S.C. 1191-1204.
(2) A violation of this section is a gross misdemeanor.
Sec. 361 RCW 70.111.030 and 1996 c 158 s 4 are each amended to
read as follows:
(1) No commercial user may remanufacture, retrofit, sell, contract
to sell or resell, lease, sublet, or otherwise place in the stream of
commerce, on or after June 6, 1996, a full-size or nonfull-size crib
that is unsafe for any infant using the crib.
(2) A crib is presumed to be unsafe pursuant to this chapter if it
does not conform to all of the following:
(a) Part 1508 (commencing with Section 1508.1) of Title 16 of the
Code of Federal Regulations;
(b) Part 1509 (commencing with Section 1509.1) of Title 16 of the
Code of Federal Regulations;
(c) Part 1303 (commencing with Section 1303.1) of Title 16 of the
Code of Federal Regulations;
(d) American Society for Testing Materials Voluntary Standards
F966-90;
(e) American Society for Testing Materials Voluntary Standards
F1169.88;
(f) Any regulations that are adopted in order to amend or
supplement the regulations described in (a) through (e) of this
subsection.
(3) Cribs that are unsafe or fail to perform as expected pursuant
to subsection (2) of this section include, but are not limited to,
cribs that have any of the following dangerous features or
characteristics:
(a) Corner posts that extend more than one-sixteenth of an inch;
(b) Spaces between side slats more than two and three-eighths
inches;
(c) Mattress support than can be easily dislodged from any point of
the crib. A mattress segment can be easily dislodged if it cannot
withstand at least a twenty-five pound upward force from underneath the
crib;
(d) Cutout designs on the end panels;
(e) Rail height dimensions that do not conform to the following:
(i) The height of the rail and end panel as measured from the top
of the rail or panel in its lowest position to the top of the mattress
support in its highest position is at least nine inches;
(ii) The height of the rail and end panel as measured from the top
of the rail or panel in its highest position to the top of the mattress
support in its lowest position is at least twenty-six inches;
(f) Any screws, bolts, or hardware that are loose and not secured;
(g) Sharp edges, points, or rough surfaces, or any wood surfaces
that are not smooth and free from splinters, splits, or cracks;
(h) Nonfull-size cribs with tears in mesh or fabric sides.
(4) On or after January 1, 1997, any commercial user who willfully
and knowingly violates this section is guilty of a misdemeanor,
punishable by a fine not exceeding one thousand dollars. Hotels,
motels, and similar transient lodging, child care facilities, and
family child care homes are not subject to this section until January
1, 1999.
Sec. 362 RCW 70.122.090 and 1992 c 98 s 9 are each amended to
read as follows:
(1) Any person who willfully conceals, cancels, defaces,
obliterates, or damages the directive of another without such
declarer's consent ((shall be)) is guilty of a gross misdemeanor.
(2) Any person who falsifies or forges the directive of another, or
willfully conceals or withholds personal knowledge of a revocation as
provided in RCW 70.122.040 with the intent to cause a withholding or
withdrawal of life-sustaining treatment contrary to the wishes of the
declarer, and thereby, because of any such act, directly causes life-sustaining treatment to be withheld or withdrawn and death to thereby
be hastened, shall be subject to prosecution for murder in the first
degree as defined in RCW 9A.32.030.
Sec. 363 RCW 70.127.020 and 2000 c 175 s 2 are each amended to
read as follows:
(1) After July 1, 1990, a license is required for a person to
advertise, operate, manage, conduct, open, or maintain an in-home
services agency.
(2) An in-home services agency license is required for a nursing
home, hospital, or other person that functions as a home health,
hospice, hospice care center, or home care agency.
(3) Any person violating this section is guilty of a misdemeanor.
Each day of a continuing violation is a separate violation.
(4) If any corporation conducts any activity for which a license is
required by this chapter without the required license, it may be
punished by forfeiture of its corporate charter.
(5) All fines, forfeitures, and penalties collected or assessed by
a court because of a violation of this section shall be deposited in
the department's local fee account.
Sec. 364 RCW 72.23.170 and 1959 c 28 s 72.23.170 are each amended
to read as follows:
Any person who procures the escape of any patient of any state
hospital for the mentally ill, or institutions for psychopaths to which
such patient has been lawfully committed, or who advises, connives at,
aids, or assists in such escape or conceals any such escape, is guilty
of a class C felony and shall be punished by imprisonment in a state
((penal)) correctional institution for a term of not more than five
years or by a fine of not more than five hundred dollars or by both
imprisonment and fine.
Sec. 365 RCW 72.23.300 and 1959 c 28 s 72.23.300 are each amended
to read as follows:
Any person not authorized by law so to do, who brings into any
state institution for the care and treatment of mental illness or
within the grounds thereof, any opium, morphine, cocaine or other
narcotic, or any intoxicating liquor of any kind whatever, except for
medicinal or mechanical purposes, or any firearms, weapons, or
explosives of any kind is guilty of a class B felony punishable
according to chapter 9A.20 RCW.
Sec. 366 RCW 74.08.055 and 1979 c 141 s 323 are each amended to
read as follows:
(1) Each applicant for or recipient of public assistance shall make
an application for assistance which shall contain or be verified by a
written declaration that it is made under the penalties of perjury.
The secretary, by rule and regulation, may require that any other forms
filled out by applicants or recipients of public assistance shall
contain or be verified by a written declaration that it is made under
the penalties of perjury and such declaration shall be in lieu of any
oath otherwise required, and each applicant shall be so informed at the
time of the signing.
(2) Any applicant for or recipient of public assistance who
willfully makes and subscribes any application, statement or other
paper which contains or is verified by a written declaration that it is
made under the penalties of perjury and which he or she does not
believe to be true and correct as to every material matter ((shall be))
is guilty of a class B felony punishable according to chapter 9A.20
RCW.
Sec. 367 RCW 74.08.100 and 1971 c 81 s 137 are each amended to
read as follows:
Proof of age and length of residence in the state of any applicant
may be established as provided by the rules and regulations of the
department: PROVIDED, That if an applicant is unable to establish
proof of age or length of residence in the state by any other method he
or she may make a statement under oath of his or her age on the date of
application or the length of his or her residence in the state, before
any judge of the superior court, any judge of the court of appeals, or
any justice of the supreme court of the state of Washington, and such
statement shall constitute sufficient proof of age of applicant or of
length of residence in the state: PROVIDED HOWEVER, That any applicant
who willfully makes a false statement as to his or her age or length of
residence in the state under oath before a judge of the superior court,
a judge of the court of appeals, or a justice of the supreme court, as
provided above, shall be guilty of a class B felony punishable
according to chapter 9A.20 RCW.
Sec. 368 RCW 74.08.331 and 1998 c 79 s 16 are each amended to
read as follows:
(1) Any person who by means of a willfully false statement, or
representation, or impersonation, or a willful failure to reveal any
material fact, condition, or circumstance affecting eligibility or need
for assistance, including medical care, surplus commodities, and food
stamps or food stamp benefits transferred electronically, as required
by law, or a willful failure to promptly notify the county office in
writing as required by law or any change in status in respect to
resources, or income, or need, or family composition, money
contribution and other support, from whatever source derived, including
unemployment insurance, or any other change in circumstances affecting
the person's eligibility or need for assistance, or other fraudulent
device, obtains, or attempts to obtain, or aids or abets any person to
obtain any public assistance to which the person is not entitled or
greater public assistance than that to which he or she is justly
entitled ((shall be)) is guilty of ((grand larceny)) theft in the first
degree under RCW 9A.56.030 and upon conviction thereof shall be
punished by imprisonment in a state correctional facility for not more
than fifteen years.
(2) Any person who by means of a willfully false statement or
representation or by impersonation or other fraudulent device aids or
abets in buying, selling, or in any other way disposing of the real
property of a recipient of public assistance without the consent of the
secretary ((shall be)) is guilty of a gross misdemeanor and upon
conviction thereof shall be punished by imprisonment for not more than
one year in the county jail or a fine of not to exceed one thousand
dollars or by both.
Sec. 369 RCW 76.12.140 and 2000 c 11 s 10 are each amended to
read as follows:
(1) Any lands acquired by the state under RCW 76.12.020, 76.12.030,
76.12.080, 76.12.090, 76.12.110, 76.12.120, and 76.12.140, or any
amendments thereto, shall be logged, protected and cared for in such
manner as to insure natural reforestation of such lands, and to that
end the department shall have power, and it shall be its duty to make
rules and regulations, and amendments thereto, governing logging
operations on such areas, and to embody in any contract for the sale of
timber on such areas, such conditions as it shall deem advisable, with
respect to methods of logging, disposition of slashings, and debris,
and protection and promotion of new forests. All such rules and
regulations, or amendments thereto, shall be adopted by the department
under chapter 34.05 RCW.
(2)(a) Except as provided in (b) of this subsection, any violation
of any ((such)) rule((s shall be)) adopted by the department under the
authority of this section is a gross misdemeanor ((unless)).
(b) The department ((has specified)) may specify by rule, when not
inconsistent with applicable statutes, that violation of a specific
rule is an infraction under chapter 7.84 RCW.
Sec. 370 RCW 76.36.035 and 1987 c 380 s 18 are each amended to
read as follows:
(1) All applications for brands, catch brands, renewals, and
assignments thereof shall be submitted to and approved by the
department prior to use. The department may refuse to approve any
brand or catch brand which is identical to or closely resembles a
registered brand or catch brand, or is in use by any other person or
was not selected in good faith for the marking or branding of forest
products. If approval is denied the applicant will select another
brand.
(2) The registration for all existing brands or catch brands shall
expire on December 31, 1984, unless renewed prior to that date.
Renewals or new approved applications shall be for five-year periods or
portions thereof beginning on January 1, 1985. On or before September
30, 1984, and September 30th immediately preceding the end of each
successive five-year period the department shall notify by mail all
registered owners of brands or catch brands of the forthcoming
expiration of their brands and the requirements for renewal.
(3) A fee of fifteen dollars shall be charged by the department for
registration of all brands, catch brands, renewals or assignments prior
to January 1, 1985. Thereafter the fee shall be twenty-five dollars.
(4) Abandoned or canceled brands shall not be reissued for a period
of at least one year. The department shall determine the right to use
brands or catch brands in dispute by applicants.
(((2))) (5) The department may adopt and enforce rules implementing
the provisions of this chapter.
(6)(a) Except as provided in (b) of this subsection, a violation of
any ((such)) rule ((shall constitute)) adopted by the department under
this authority of this section is a misdemeanor ((unless)).
(b) The department ((has specified)) may specify by rule, when not
inconsistent with applicable statutes, that violation of a specific
rule is an infraction under chapter 7.84 RCW.
Sec. 371 RCW 76.36.110 and 1994 c 163 s 1 are each amended to
read as follows:
Every person is guilty of a gross misdemeanor:
(1) Except boom companies organized as corporations for the purpose
of catching or reclaiming and holding or disposing of forest products
for the benefit of the owners, and authorized to do business under the
laws of this state, who has or takes in tow or into custody or
possession or under control, without the authorization of the owner of
a registered mark or brand thereupon, any forest products or booming
equipment having thereupon a mark or brand registered as required by
the terms of this chapter, or, with or without such authorization, any
forest products or booming equipment which may be branded under the
terms of this chapter with a registered mark or brand and having no
registered mark or brand impressed thereupon or cut therein; or,
(2) Who impresses upon or cut in any forest products or booming
equipment a mark or brand that is false, forged or counterfeit; or,
(3) Who interferes with, prevents, or obstructs the owner of any
registered mark or brand, or his or her duly authorized agent or
representative, entering into or upon any tidelands, marshes or beaches
of this state or any mill, mill site, mill yard or mill boom or rafting
or storage grounds or any forest products or any raft or boom thereof
for the purpose of searching for forest products and booming equipment
having impressed thereupon a registered mark or brand belonging to him
or her or retaking any forest products or booming equipment so found by
him or her; or,
(4) Who impresses or cuts a catch brand that is not registered
under the terms of this chapter upon or into any forest products or
booming equipment upon which there is a registered mark or brand as
authorized by the terms of this chapter or a catch brand, whether
registered or not, upon any forest products or booming equipment that
was not purchased or lawfully acquired by him or her from the owner((;
is guilty of a gross misdemeanor)).
Sec. 372 RCW 76.36.120 and 1925 ex.s. c 154 s 12 are each amended
to read as follows:
Every person is guilty of a class B felony punishable according to
chapter 9A.20 RCW who, with an intent to injure or defraud the owner:
(1) Shall falsely make, forge or counterfeit a mark or brand
registered as herein provided and use it in marking or branding forest
products or booming equipment; or,
(2) Shall cut out, destroy, alter, deface, or obliterate any
registered mark or brand impressed upon or cut into any forest products
or booming equipment; or,
(3) Shall sell, encumber or otherwise dispose of or deal in, or
appropriate to his or her own use, any forest products or booming
equipment having impressed thereupon a mark or brand registered as
required by the terms of this chapter; or
(4) Shall buy or otherwise acquire or deal in any forest products
or booming equipment having impressed thereupon a registered mark or
brand((;)).
Shall be guilty of a felony
Sec. 373 RCW 76.48.120 and 1995 c 366 s 12 are each amended to
read as follows:
(1) It is unlawful for any person, upon official inquiry,
investigation, or other authorized proceedings, to offer as genuine any
paper, document, or other instrument in writing purporting to be a
specialized forest products permit, or true copy thereof,
authorization, sales invoice, or bill of lading, or to make any
representation of authority to possess or conduct harvesting or
transporting of specialized forest products, knowing the same to be in
any manner false, fraudulent, forged, or stolen.
(2) Any person who knowingly or intentionally violates this section
is guilty of ((forgery, and shall be punished as)) a class C felony
((providing for)) punishable by imprisonment in a state correctional
institution for a maximum term fixed by the court of not more than five
years or by a fine of not more than five thousand dollars, or by both
imprisonment and fine.
(3) Whenever any law enforcement officer reasonably suspects that
a specialized forest products permit or true copy thereof,
authorization, sales invoice, or bill of lading is forged, fraudulent,
or stolen, it may be retained by the officer until its authenticity can
be verified.
Sec. 374 RCW 77.15.194 and 2001 c 1 s 3 are each amended to read
as follows:
(1) It is unlawful to use or authorize the use of any steel-jawed
leghold trap, neck snare, or other body-gripping trap to capture any
mammal for recreation or commerce in fur.
(2) It is unlawful to knowingly buy, sell, barter, or otherwise
exchange, or offer to buy, sell, barter, or otherwise exchange the raw
fur of a mammal or a mammal that has been trapped in this state with a
steel-jawed leghold trap or any other body-gripping trap, whether or
not pursuant to permit.
(3) It is unlawful to use or authorize the use of any steel-jawed
leghold trap or any other body-gripping trap to capture any animal,
except as provided in subsections (4) and (5) of this section.
(4) Nothing in this section prohibits the use of a Conibear trap in
water, a padded leghold trap, or a nonstrangling type foot snare with
a special permit granted by (([the])) the director under (a) through
(d) of this subsection. Issuance of the special permits shall be
governed by rules adopted by the department and in accordance with the
requirements of this section. Every person granted a special permit to
use a trap or device listed in this subsection shall check the trap or
device at least every twenty-four hours.
(a) Nothing in this section prohibits the director, in consultation
with the department of social and health services or the United States
department of health and human services from granting a permit to use
traps listed in this subsection for the purpose of protecting people
from threats to their health and safety.
(b) Nothing in this section prohibits the director from granting a
special permit to use traps listed in this subsection to a person who
applies for such a permit in writing, and who establishes that there
exists on a property an animal problem that has not been and cannot be
reasonably abated by the use of nonlethal control tools, including but
not limited to guard animals, electric fencing, or box and cage traps,
or if such nonlethal means cannot be reasonably applied. Upon making
a finding in writing that the animal problem has not been and cannot be
reasonably abated by nonlethal control tools or if the tools cannot be
reasonably applied, the director may authorize the use, setting,
placing, or maintenance of the traps for a period not to exceed thirty
days.
(c) Nothing in this section prohibits the director from granting a
special permit to department employees or agents to use traps listed in
this subsection where the use of the traps is the only practical means
of protecting threatened or endangered species as designated under RCW
77.08.010.
(d) Nothing in this section prohibits the director from issuing a
permit to use traps listed in this subsection, excluding Conibear
traps, for the conduct of legitimate wildlife research.
(5) Nothing in this section prohibits the United States fish and
wildlife service, its employees or agents, from using a trap listed in
subsection (4) of this section where the fish and wildlife service
determines, in consultation with the director, that the use of such
traps is necessary to protect species listed as threatened or
endangered under the federal endangered species act (16 U.S.C. Sec.
1531 et seq.).
(6) A person violating this section is guilty of a gross
misdemeanor.
Sec. 375 RCW 77.15.196 and 2001 c 1 s 4 are each amended to read
as follows:
(1) It is unlawful to poison or attempt to poison any animal using
sodium fluoroacetate, also known as compound 1080, or sodium cyanide.
(2) A person violating this section is guilty of a gross
misdemeanor.
Sec. 376 RCW 77.15.198 and 2001 c 1 s 5 are each amended to read
as follows:
((Any person who violates RCW 77.15.194 or 77.15.196 is guilty of
a gross misdemeanor.)) In addition to appropriate criminal penalties,
the director shall revoke the trapping license of any person convicted
of a violation of RCW 77.15.194 or 77.15.196. The director shall not
issue the violator a trapping license for a period of five years
following the revocation. Following a subsequent conviction for a
violation of RCW 77.15.194 or 77.15.196 by the same person, the
director shall not issue a trapping license to the person at any time.
Sec. 377 RCW 78.12.061 and 1890 p 123 s 7 are each amended to
read as follows:
(1) It shall be unlawful for any person or persons, company or
companies, corporation or corporations, to sink or work through any
vertical shaft at a greater depth than one hundred and fifty feet,
unless the ((said)) shaft shall be provided with an iron-bonneted
safety cage, to be used in the lowering and hoisting of the employees
of such person or persons, company or companies, corporation or
corporations. The safety apparatus, whether consisting of eccentrics,
springs or other device, shall be securely fastened to the cage, and
shall be of sufficient strength to hold the cage loaded at any depth to
which the shaft may be sunk, provided the cable shall break. The iron
bonnet ((aforesaid)) shall be made of boiler sheet iron of a good
quality, of at least three-sixteenths of an inch in thickness, and
shall cover the top of ((said)) the cage in such manner as to afford
the greatest protection to life and limb from any matter falling down
((said)) the shaft.
(2) Any person or persons, company or companies, or corporation or
corporations, who shall neglect, fail, or refuse to comply with this
section is guilty of a misdemeanor and shall be fined not less than
five hundred dollars nor more than one thousand dollars.
Sec. 378 RCW 79.01.072 and 1988 c 128 s 53 are each amended to
read as follows:
If any state land inspector shall knowingly or willfully make any
false statement in any report of inspection of lands, or any false
estimate of the value of lands inspected or the timber or other
valuable materials or improvements thereon, or shall knowingly or
willfully divulge anything or give any information in regard to lands
inspected by him or her, other than to the commissioner of public
lands, the deputy commissioner of public lands, or the board of natural
resources, he or she shall forthwith be removed from office, and shall
be deemed guilty of a class B felony punishable according to chapter
9A.20 RCW and in such case it shall be the duty of the commissioner of
public lands and of the members of the board of natural resources, to
report all facts within their knowledge to the proper prosecuting
officer to the end that prosecution for the offense may be had.
Sec. 379 RCW 79.01.748 and 1927 c 255 s 197 are each amended to
read as follows:
Every person who willfully commits any trespass upon any public
lands of the state and cuts down, destroys or injures any timber, or
any tree standing or growing thereon, or takes, or removes, or causes
to be taken, or removed, therefrom any wood or timber lying thereon, or
maliciously injures or severs anything attached thereto, or the produce
thereof, or digs, quarries, mines, takes or removes therefrom any
earth, soil, stone, mineral, clay, sand, gravel, or any valuable
materials, ((shall be)) is guilty of ((larceny)) theft under chapter
9A.56 RCW.
Sec. 380 RCW 79.01.810 and 1994 c 286 s 2 are each amended to
read as follows:
(1) It is unlawful to exceed the harvest and possession
restrictions imposed under RCW 79.01.805.
(2) A violation of this section is a misdemeanor ((punishable in
accordance with RCW 9.92.030)), and a violation taking place on aquatic
lands is subject to the provisions of RCW 79.01.760.
(3) A person committing a violation of this section on private
tidelands which he or she owns is liable to the state for treble the
amount of damages to the seaweed resource, and a person trespassing on
private tidelands and committing a violation of this section is liable
to the private tideland owner for treble the amount of damages to the
seaweed resource. Damages recoverable include, but are not limited to,
damages for the market value of the seaweed, for injury to the aquatic
ecosystem, and for 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.
Sec. 381 RCW 79.76.290 and 1974 ex.s. c 43 s 29 are each amended
to read as follows:
Violation of any provision of this chapter or of any rule,
regulation, order of the department, or condition of any permit made
hereunder is a gross misdemeanor punishable, upon conviction, by a fine
of not more than two thousand five hundred dollars or by imprisonment
in the county jail for not more than six months, or both.
Sec. 382 RCW 79A.05.165 and 1997 c 214 s 1 are each amended to
read as follows:
(1) Every person is guilty of a misdemeanor who:
(((1))) (a) Cuts, breaks, injures, destroys, takes, or removes any
tree, shrub, timber, plant, or natural object in any park or parkway
except in accordance with such rules as the commission may prescribe;
or
(((2))) (b) Kills, or pursues with intent to kill, any bird or
animal in any park or parkway; or
(((3))) (c) Takes any fish from the waters of any park or parkway,
except in conformity with such general rules as the commission may
prescribe; or
(((4))) (d) Willfully mutilates, injures, defaces, or destroys any
guidepost, notice, tablet, fence, inclosure, or work for the protection
or ornamentation of any park or parkway; or
(((5))) (e) Lights any fire upon any park or parkway, except in
such places as the commission has authorized, or willfully or
carelessly permits any fire which he or she has lighted or which is
under his or her charge, to spread or extend to or burn any of the
shrubbery, trees, timber, ornaments, or improvements upon any park or
parkway, or leaves any campfire which he or she has lighted or which
has been left in his or her charge, unattended by a competent person,
without extinguishing it; or
(((6))) (f) Places within any park or parkway or affixes to any
object therein contained, without a written license from the
commission, any word, character, or device designed to advertise any
business, profession, article, thing, exhibition, matter, or event((;
or)).
(7)
(2)(a) Except as provided in (b) of this subsection, a person who
violates any rule adopted, promulgated, or issued by the commission
pursuant to the provisions of this chapter((; shall be)) is guilty of
a misdemeanor ((unless)).
(b) The commission ((has specified)) may specify by rule, when not
inconsistent with applicable statutes, that violation of the rule is an
infraction under chapter 7.84 RCW.
Sec. 383 RCW 80.28.190 and 1971 c 81 s 141 are each amended to
read as follows:
(1) No gas company shall, after January 1, 1956, operate in this
state any gas plant for hire without first having obtained from the
commission under the provisions of this chapter a certificate declaring
that public convenience and necessity requires or will require such
operation and setting forth the area or areas within which service is
to be rendered; but a certificate shall be granted where it appears to
the satisfaction of the commission that such gas company was actually
operating in good faith, within the confines of the area for which such
certificate shall be sought, on June 8, 1955. Any right, privilege,
certificate held, owned or obtained by a gas company may be sold,
assigned, leased, transferred or inherited as other property, only upon
authorization by the commission. The commission shall have power,
after hearing, when the applicant requests a certificate to render
service in an area already served by a certificate holder under this
chapter only when the existing gas company or companies serving such
area will not provide the same to the satisfaction of the commission
and in all other cases, with or without hearing, to issue ((said)) the
certificate as prayed for; or for good cause shown to refuse to issue
same, or to issue it for the partial exercise only of ((said)) the
privilege sought, and may attach to the exercise of the rights granted
by ((said)) the certificate such terms and conditions as, in its
judgment, the public convenience and necessity may require.
(2) The commission may, at any time, by its order duly entered
after a hearing had upon notice to the holder of any certificate
hereunder, and an opportunity to such holder to be heard, at which it
shall be proven that such holder willfully violates or refuses to
observe any of its proper orders, rules or regulations, suspend,
revoke, alter or amend any certificate issued under the provisions of
this section, but the holder of such certificate shall have all the
rights of rehearing, review and appeal as to such order of the
commission as is provided herein.
(3) In all respects in which the commission has power and authority
under this chapter applications and complaints may be made and filed
with it, process issued, hearings held, opinions, orders and decisions
made and filed, petitions for rehearing filed and acted upon, and
petitions for writs of review to the superior court filed therewith,
appeals or mandate filed with the supreme court or the court of appeals
of this state considered and disposed of by ((said)) such courts in the
manner, under the conditions, and subject to the limitations and with
the effect specified in the Washington utilities and transportation
commission laws of this state.
(4) Every officer, agent, or employee of any corporation, and every
other person who violates or fails to comply with, or who procures,
aids or abets in the violation of any of the provisions of this section
or who fails to obey, observe or comply with any order, decision, rule
or regulation, directive, demand or requirements, or any provision of
this section, is guilty of a gross misdemeanor ((and punishable as
such)).
(5) Neither this section, RCW 80.28.200, 80.28.210, nor any
provisions thereof shall apply or be construed to apply to commerce
with foreign nations or commerce among the several states of this union
except insofar as the same may be permitted under the provisions of the
Constitution of the United States and acts of congress.
(6) The commission shall collect the following miscellaneous fees
from gas companies: Application for a certificate of public
convenience and necessity or to amend a certificate, twenty-five
dollars; application to sell, lease, mortgage or transfer a certificate
of public convenience and necessity or any interest therein, ten
dollars.
Sec. 384 RCW 80.28.210 and 1969 ex.s. c 210 s 2 are each amended
to read as follows:
(1) Every person or corporation transporting natural gas by
pipeline, or having for one or more of its principal purposes the
construction, maintenance or operation of pipelines for transporting
natural gas, in this state, even though such person or corporation not
be a public service company under chapter 80.28 RCW, and even though
such person or corporation does not deliver, sell or furnish any such
gas to any person or corporation within this state, shall be subject to
regulation by the utilities and transportation commission insofar as
the construction and operation of such facilities shall affect matters
of public safety, and every such company shall construct and maintain
such facilities as will be safe and efficient. The commission shall
have the authority to prescribe rules and regulations to effectuate the
purpose of this enactment.
(2) Every such person and every such officer, agent and employee of
a corporation who, as an individual or as an officer or agent of such
corporation, violates or fails to comply with, or who procures, aids,
or abets another, or his or her company, in the violation of, or
noncompliance with, any provision of this section or any order, rule or
requirement of the commission hereunder, ((shall be)) is guilty of a
gross misdemeanor.
Sec. 385 RCW 81.04.390 and 1980 c 104 s 5 are each amended to
read as follows:
(1) Except as provided in subsection (2) of this section, every
person who, either individually, or acting as an officer or agent of a
corporation other than a public service company, violates any provision
of this title, or fails to observe, obey, or comply with any order made
by the commission under this title, so long as the same is or remains
in force, or who procures, aids, or abets any such corporation in its
violation of this title, or in its failure to obey, observe, or comply
with any such order, is guilty of a gross misdemeanor((, except that)).
(2) A violation pertaining to equipment on motor carriers
transporting hazardous material is a misdemeanor.
Sec. 386 RCW 81.40.010 and 1992 c 102 s 1 are each amended to
read as follows:
(1) No law or order of any regulatory agency of this state shall
prevent a common carrier by railroad from staffing its passenger trains
in accordance with collective bargaining agreements or any national or
other applicable settlement of train crew size. In the absence of a
collective bargaining agreement or any national or other applicable
settlement of train crew size, any common carrier railroad operating a
passenger train with a crew of less than two members shall be subject
to a safety review by the Washington utilities and transportation
commission, which, as to staffing, may issue an order requiring as many
as two crew members.
(2) Each train or engine run in violation of this section is a
separate offense: PROVIDED, That nothing in this section shall be
construed as applying in the case of disability of one or more of any
train crew while out on the road between division terminals, wrecking
trains, or to any line, or part of line, where not more than two trains
are run in each twenty-four hours.
(3) Any person, corporation, company, or officer of court operating
any railroad or railway, or part of any railroad or railway in the
state of Washington, and engaged as a common carrier, in the
transportation of freight or passengers, who violates this section is
guilty of a misdemeanor and upon conviction thereof shall be fined not
less than one hundred dollars nor more than five hundred dollars for
each offense.
(4) It is the duty of the commission to enforce this section.
Sec. 387 RCW 81.40.040 and 1977 c 70 s 1 are each amended to read
as follows:
(1) It ((shall be)) is unlawful for any common carrier by railroad
or any of its officers or agents, to require or permit any employee
engaged in or connected with the movement of any train to remain on
duty more than twelve consecutive hours, except when by casualty
occurring after such employee has started on his or her trip; or,
except by accident or unavoidable delay of trains scheduled to make
connection with the train on which such employee is serving, he or she
is prevented from reaching his or her terminal; or, to require or
permit any such employee who has been on duty twelve consecutive hours
to go on duty without having had at least ten hours off duty; or, to
require or permit any such employee who has been on duty twelve hours
in the aggregate in any twenty-four hour period to continue on duty
without having had at least eight hours off duty within the twenty-four
hour period.
(2) Any such common carrier, or any of its officers or agents
violating this section is guilty of a misdemeanor punishable by a fine
of not less than one hundred or more than one thousand dollars for each
and every such violation to be recovered in a suit or suits to be
brought by the attorney general.
(3) It shall be the duty of the attorney general to bring such
suits upon duly verified information being lodged with him or her of
such violation having occurred, in any superior court.
(4) It shall also be the duty of the commission to fully
investigate all cases of the violation of this section, and to lodge
with the attorney general information of any such violation as may come
to its knowledge.
Sec. 388 RCW 81.40.060 and 1961 c 14 s 81.40.060 are each amended
to read as follows:
(1) It shall be unlawful for any railroad or other transportation
company doing business in the state of Washington, or of any officer,
agent or servant of such railroad or other transportation company, to
require any conductor, engineer, brakeman, fireman, purser, or other
employee, as a condition of his or her continued employment, or
otherwise to require or compel, or attempt to require or compel, any
such employees to purchase of any such railroad or other transportation
company or of any particular person, firm or corporation or at any
particular place or places, any uniform or other clothing or apparel,
required by any such railroad or other transportation company to be
used by any such employee in the performance of his or her duties as
such; and any such railroad or transportation company or any officer,
agent or servant thereof, who shall order or require any conductor,
engineer, brakeman, fireman, purser, or other person in its employ, to
purchase any uniform or other clothing or apparel as aforesaid, shall
be deemed to have required such purchase as a condition of such
employee's continued employment.
(2) Any railroad or other transportation company doing business in
the state of Washington, or any officer, agent, or servant thereof,
violating this section is guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine in any sum not less than one
hundred dollars nor more than five hundred dollars, or by imprisonment
in the county jail of the county where the misdemeanor is committed,
not exceeding six months.
Sec. 389 RCW 81.40.080 and 1961 c 14 s 81.40.080 are each amended
to read as follows:
(1) It shall be unlawful for any railroad company, corporation,
association or other person owning, controlling or operating any line
of railroad in the state of Washington, to build, construct,
reconstruct, or repair railroad car equipment or motive power in this
state without first erecting and maintaining at every point where five
employees or more are regularly employed on such work, a shed over a
sufficient portion of the tracks used for such work, so as to provide
that all men regularly employed in such work shall be sheltered and
protected from rain and other inclement weather: PROVIDED, That the
provisions of this section shall not apply at points where it is
necessary to make light repairs only on equipment or motive power, nor
to equipment loaded with time or perishable freight, nor to equipment
when trains are being held for the movement of equipment, nor to
equipment on tracks where trains arrive or depart or are assembled or
made up for departure. The term "light repairs," as herein used, shall
not include repairs usually made in roundhouse, shop or shed upon well
equipped railroads.
(2) Any railroad company or officer or agent thereof, or any other
person, who violates this section by failing or refusing to comply with
its provisions is guilty of a misdemeanor, and each day's failure or
refusal to comply shall be considered a separate offense.
Sec. 390 RCW 81.40.130 and 1961 c 14 s 81.40.130 are each amended
to read as follows:
(1) It is unlawful for any employer to require any employee or
applicant for employment to pay the cost of a medical examination or
the cost of furnishing any records required by the employer as a
condition of employment.
(2) Any employer who violates this section is guilty of a
misdemeanor and upon conviction shall be punished by a fine of not more
than one hundred dollars. Each violation shall constitute a separate
offense.
(3) As used in this section:
(a) "Employer" means any common carrier by rail, doing business in
or operating within the state, and any subsidiary thereof.
(b) "Employee" means every person who may be permitted, required,
or directed by any employer, in consideration of direct or indirect
gain or profit, to engage in any employment.
Sec. 391 RCW 81.44.085 and 1969 ex.s. c 210 s 7 are each amended
to read as follows:
(1) Every person operating a common carrier railroad in this state
shall equip each locomotive and caboose used in train or yard switching
service, and every car used in passenger service with a first aid kit
of a type to be approved by the commission, which kit shall be plainly
marked and be readily visible and accessible and be maintained in a
fully quipped condition: PROVIDED, That such kits shall not be
required on equipment used exclusively in yard or switching service
where such kits are maintained in the yard or terminal.
(2) Each locomotive and caboose shall also be furnished with
sanitary cups and sanitary ice-cooled drinking water.
(3) For the purpose of this section a "locomotive" shall include
all railroad engines propelled by any form of energy and used in rail
line haul or yard switching service.
(4) Any person violating ((any provisions of)) this section ((shall
be)) is guilty of a misdemeanor.
Sec. 392 RCW 81.54.030 and 1991 c 46 s 1 are each amended to read
as follows:
(1) Every person operating any logging railroad or industrial
railway shall, prior to July 1st of each year, file with the commission
a statement showing the number of, and location, by name of highway,
quarter section, section, township, and range of all crossings on his
or her line and pay with the filing a fee for each crossing so
reported. The commission shall, by order, fix the exact fee based on
the cost of rendering such inspection service. All fees collected
shall be deposited in the state treasury to the credit of the public
service revolving fund. Intersections having one or more tracks shall
be treated as a single crossing. Tracks separated a distance in excess
of one hundred feet from the nearest track or group of tracks shall
constitute an additional crossing. Where two or more independently
operated railroads cross each other or the same highway intersection,
each independent track shall constitute a separate crossing.
(2) Every person failing to make the report and pay the fees as
required((, shall be)) by this section is guilty of a misdemeanor and
in addition ((be)) subject to a penalty of twenty-five dollars for each
day that the fee remains unpaid after it becomes due.
Sec. 393 RCW 81.56.150 and 1961 c 14 s 81.56.150 are each amended
to read as follows:
(1) It shall be the duty of every person or corporation engaged
wholly or in part in the business of carrying passengers for hire, to
provide every agent authorized to sell its passage tickets in this
state, with a certificate of his or her authority, attested by its seal
and the signature of its manager, secretary or general passenger agent,
which shall contain a designation of the place of business at which
such authority shall be exercised.
(2) Every person and every corporation or association, and every
officer, agent or employee thereof who shall sell, exchange or
transfer, or have in his or her possession with intent to sell,
exchange or transfer, or maintain, conduct or operate any office or
place of business for the sale, exchange or transfer of any passage
ticket or pass or part thereof, or any other evidence of a right to
travel upon any railroad or boat, whether the same be owned or operated
within or without the limits of this state, in any place except his or
her place of business, or within such place of business without having
rightfully in his or her possession and posted in a conspicuous place
therein the certificate of authority ((hereinabove provided for, shall
be)) required by this section is guilty of a misdemeanor.
Sec. 394 RCW 81.60.070 and 1999 c 352 s 4 are each amended to
read as follows:
Every person who, in such manner as might, if not discovered,
endanger the safety of any engine, motor, car or train, or any person
thereon, shall in any manner interfere or tamper with or obstruct any
switch, frog, rail, roadbed, sleeper, viaduct, bridge, trestle,
culvert, embankment, structure, or appliance pertaining to or connected
with any railway, or any train, engine, motor, or car on such railway,
and every person who shall discharge any firearm or throw any dangerous
missile at any train, engine, motor, or car on any railway, is guilty
of a class B felony and shall be punished by imprisonment in a state
correctional facility for not more than ten years.
Sec. 395 RCW 81.60.080 and 1992 c 7 s 61 are each amended to read
as follows:
(1) Any person or persons who shall willfully or maliciously, with
intent to injure or deprive the owner thereof, take, steal, remove,
change, add to, alter, or in any manner interfere with any journal
bearing, brass, waste, packing, triple valve, pressure cock, brake, air
hose, or any other part of the operating mechanism of any locomotive,
engine, tender, coach, car, caboose, or motor car used or capable of
being used by any railroad or railway company in this state, ((shall
be)) is guilty of a class C felony, and upon conviction thereof shall
be punished by imprisonment in a state correctional facility for not
more than five years, or by a fine not exceeding one thousand dollars,
or by both such fine and imprisonment.
(2) Every person who buys or receives any of the property described
in subsection (1) of this section, knowing the same to have been
stolen, is guilty of a class C felony, and upon conviction thereof
shall be punished as provided in subsection (1) of this section.
Sec. 396 RCW 81.64.090 and 1961 c 14 s 81.64.090 are each amended
to read as follows:
(1) Street railway or street car companies, or street car
corporations, shall employ none but competent men to operate or assist
as conductors, motormen or gripmen upon any street railway, or
streetcar line in this state.
(2) A person shall be deemed competent to operate or assist in
operating cars or (dummies) usually used by street railway or streetcar
companies, or corporations, only after first having served at least
three days under personal instruction of a regularly employed
conductor, motorman, or gripman on a car or dummy in actual service on
the particular street railway or streetcar line for which the service
of an additional person or additional persons may be required:
PROVIDED, That during a strike on the streetcar lines the railway
companies may employ competent persons who have not worked three days
on the particular streetcar line.
(3) Any violation of this section by the president, secretary,
manager, superintendent, assistant superintendent, stockholder, or
other officer or employee of any company or corporation owning or
operating any street railway or streetcar line or any receiver of
street railway or streetcar company, or street railway or streetcar
corporations appointed by any court within this state to operate such
car line is a misdemeanor punishable by a fine in any amount not less
than fifty dollars nor more than two hundred dollars, or imprisonment
in the county jail for a term of thirty days, or both such fine and
imprisonment at the discretion of the court.
Sec. 397 RCW 81.64.160 and 1961 c 14 s 81.64.160 are each amended
to read as follows:
(1) No person, agent, officer, manager, or superintendent or
receiver of any corporation or owner of streetcars shall require his,
her, or its gripmen, motormen, drivers, or conductors to work more than
ten hours in any twenty-four hours.
(2) Any person, agent, officer, manager, superintendent, or
receiver of any corporation, or owner of streetcar or cars, violating
this section is guilty of a misdemeanor, and shall be fined in any sum
not less than twenty-five dollars nor more than one hundred dollars for
each day in which such gripman, motorman, driver, or conductor in the
employ of such person, agent, officer, manager, superintendent, or
receiver of such corporation or owner is required to work more than ten
hours during each twenty-four hours, as provided in this section.
(3) It is the duty of the prosecuting attorney of each county of
this state to institute the necessary proceedings to enforce the
provisions of this section.
Sec. 398 RCW 81.68.080 and 1979 ex.s. c 136 s 106 are each
amended to read as follows:
(1) Except as otherwise provided in this section, every officer,
agent, or employee of any corporation, and every other person who
violates or fails to comply with, or who procures, aids, or abets in
the violation of any provisions of this chapter, or who fails to obey,
observe, or comply with any order, decision, rule or regulation,
direction, demand, or requirement, or any part of provision thereof, is
guilty of a gross misdemeanor ((and punishable as such: PROVIDED,
That)).
(2)(a) Except as provided in (b) of this subsection, violation of
such an order, decision, rule or regulation, direction, demand, or
requirement relating to traffic including parking, standing, stopping,
and pedestrian offenses is a traffic infraction((, except that)).
(b) Violation of such an order, decision, rule or regulation,
direction, demand, or requirement equivalent to those provisions of
Title 46 RCW set forth in RCW 46.63.020 is a misdemeanor.
Sec. 399 RCW 82.08.0273 and 1993 c 444 s 1 are each amended to
read as follows:
(1) The tax levied by RCW 82.08.020 shall not apply to sales to
nonresidents of this state of tangible personal property for use
outside this state when the purchaser (a) is a bona fide resident of a
state or possession or Province of Canada other than the state of
Washington and such state, possession, or Province of Canada does not
impose a retail sales tax or use tax of three percent or more or, if
imposing such a tax, permits Washington residents exemption from
otherwise taxable sales by reason of their residence, and (b) agrees,
when requested, to grant the department of revenue access to such
records and other forms of verification at his or her place of
residence to assure that such purchases are not first used
substantially in the state of Washington.
(2)(a) Any person claiming exemption from retail sales tax under
the provisions of this section must display proof of his or her current
nonresident status as herein provided.
(b) Acceptable proof of a nonresident person's status shall include
one piece of identification such as a valid driver's license from the
jurisdiction in which the out-of-state residency is claimed or a valid
identification card which has a photograph of the holder and is issued
by the out-of-state jurisdiction. Identification under this subsection
(2)(b) must show the holder's residential address and have as one of
its legal purposes the establishment of residency in that out-of-state
jurisdiction.
(3) Nothing in this section requires the vendor to make tax exempt
retail sales to nonresidents. A vendor may choose to make sales to
nonresidents, collect the sales tax, and remit the amount of sales tax
collected to the state as otherwise provided by law. If the vendor
chooses to make a sale to a nonresident without collecting the sales
tax, the vendor shall, in good faith, examine the proof of
nonresidence, determine whether the proof is acceptable under
subsection (2)(b) of this section, and maintain records for each
nontaxable sale which shall show the type of proof accepted, including
any identification numbers where appropriate, and the expiration date,
if any.
(4)(a) Any person making fraudulent statements, which includes the
offer of fraudulent identification or fraudulently procured
identification to a vendor, in order to purchase goods without paying
retail sales tax ((shall be)) is guilty of perjury under chapter 9A.72
RCW.
(b) Any person making tax exempt purchases under this section by
displaying proof of identification not his or her own, or counterfeit
identification, with intent to violate the provisions of this section,
((shall be)) is guilty of a misdemeanor and, in addition, shall be
liable for the tax and subject to a penalty equal to the greater of one
hundred dollars or the tax due on such purchases.
(((b))) (5)(a) Any vendor who makes sales without collecting the
tax to a person who does not hold valid identification establishing
out-of-state residency, and any vendor who fails to maintain records of
sales to nonresidents as provided in this section, shall be personally
liable for the amount of tax due.
(b) Any vendor who makes sales without collecting the retail sales
tax under this section and who has actual knowledge that the
purchaser's proof of identification establishing out-of-state residency
is fraudulent ((shall be)) is guilty of a misdemeanor and, in addition,
shall be liable for the tax and subject to a penalty equal to the
greater of one thousand dollars or the tax due on such sales. In
addition, both the purchaser and the vendor shall be liable for any
penalties and interest assessable under chapter 82.32 RCW.
Sec. 400 RCW 82.08.050 and 2001 c 188 s 4 are each amended to
read as follows:
(1) The tax hereby imposed shall be paid by the buyer to the
seller, and each seller shall collect from the buyer the full amount of
the tax payable in respect to each taxable sale in accordance with the
schedule of collections adopted by the department pursuant to the
provisions of RCW 82.08.060.
(2) The tax required by this chapter, to be collected by the
seller, shall be deemed to be held in trust by the seller until paid to
the department, and any seller who appropriates or converts the tax
collected to his or her own use or to any use other than the payment of
the tax to the extent that the money required to be collected is not
available for payment on the due date as prescribed in this chapter
((shall be)) is guilty of a gross misdemeanor.
(3) In case any seller fails to collect the tax herein imposed or
having collected the tax, fails to pay it to the department in the
manner prescribed by this chapter, whether such failure is the result
of his or her own acts or the result of acts or conditions beyond his
or her control, he or she shall, nevertheless, be personally liable to
the state for the amount of the tax, unless the seller has taken from
the buyer in good faith a properly executed resale certificate under
RCW 82.04.470 or a copy of a direct pay permit issued under RCW
82.32.087.
(4) The amount of tax, until paid by the buyer to the seller or to
the department, shall constitute a debt from the buyer to the seller
and any seller who fails or refuses to collect the tax as required with
intent to violate the provisions of this chapter or to gain some
advantage or benefit, either direct or indirect, and any buyer who
refuses to pay any tax due under this chapter ((shall be)) is guilty of
a misdemeanor.
(5) The tax required by this chapter to be collected by the seller
shall be stated separately from the selling price in any sales invoice
or other instrument of sale. On all retail sales through vending
machines, the tax need not be stated separately from the selling price
or collected separately from the buyer. For purposes of determining
the tax due from the buyer to the seller and from the seller to the
department it shall be conclusively presumed that the selling price
quoted in any price list, sales document, contract or other agreement
between the parties does not include the tax imposed by this chapter,
but if the seller advertises the price as including the tax or that the
seller is paying the tax, the advertised price shall not be considered
the selling price.
(6) Where a buyer has failed to pay to the seller the tax imposed
by this chapter and the seller has not paid the amount of the tax to
the department, the department may, in its discretion, proceed directly
against the buyer for collection of the tax, in which case a penalty of
ten percent may be added to the amount of the tax for failure of the
buyer to pay the same to the seller, regardless of when the tax may be
collected by the department; and all of the provisions of chapter 82.32
RCW, including those relative to interest and penalties, shall apply in
addition; and, for the sole purpose of applying the various provisions
of chapter 82.32 RCW, the twenty-fifth day of the month following the
tax period in which the purchase was made shall be considered as the
due date of the tax.
Sec. 401 RCW 82.36.330 and 1998 c 176 s 39 are each amended to
read as follows:
(1) Upon the approval of the director of the claim for refund, the
state treasurer shall draw a warrant upon the state treasury for the
amount of the claim in favor of the person making such claim and the
warrant shall be paid from the excise tax collected on motor vehicle
fuel: PROVIDED, That the state treasurer shall deduct from each marine
use refund claim an amount equivalent to one cent per gallon and shall
deposit the same in the coastal protection fund created by RCW
90.48.390.
(2) Applications for refunds of excise tax shall be filed in the
office of the director not later than the close of the last business
day of a period thirteen months from the date of purchase of such motor
fuel, and if not filed within this period the right to refund shall be
forever barred, except that such limitation shall not apply to claims
for loss or destruction of motor vehicle fuel as provided by the
provisions of RCW 82.36.370.
(3) The department shall pay interest of one percent on any refund
payable under this chapter that is issued more than thirty state
business days after the receipt of a claim properly filed and completed
in accordance with this section. After the end of the thirty business-day period, additional interest shall accrue at the rate of one percent
on the amount payable for each thirty calendar-day period, until the
refund is issued.
(4) Any person or the member of any firm or the officer or agent of
any corporation who makes any false statement in any claim required for
the refund of excise tax, as provided in this chapter, or who collects
or causes to be repaid to him or her or to any other person any such
refund without being entitled to the same under the provisions of this
chapter ((shall be)) is guilty of a gross misdemeanor.
Sec. 402 RCW 82.36.400 and 1998 c 176 s 46 are each amended to
read as follows:
(1) It shall be unlawful for any person to commit any of the
following acts:
(((1))) (a) To display, or cause to permit to be displayed, or to
have in possession, any motor vehicle fuel license knowing the same to
be fictitious or to have been suspended, canceled, revoked or altered;
(((2))) (b) To lend to, or knowingly permit the use of, by one not
entitled thereto, any motor vehicle fuel license issued to the person
lending it or permitting it to be used;
(((3))) (c) To display or to represent as one's own any motor
vehicle fuel license not issued to the person displaying the same;
(((4))) (d) To use a false or fictitious name or give a false or
fictitious address in any application or form required under the
provisions of this chapter, or otherwise commit a fraud in any
application, record, or report;
(((5))) (e) To refuse to permit the director, or any agent
appointed by him or her in writing, to examine his or her books,
records, papers, storage tanks, or other equipment pertaining to the
use or sale and delivery of motor vehicle fuels within the state.
(2) Except as otherwise provided, any person violating any of the
provisions of this chapter ((shall be)) is guilty of a gross
misdemeanor and shall, upon conviction thereof, be sentenced to pay a
fine of not less than five hundred dollars nor more than one thousand
dollars and costs of prosecution, or imprisonment for not more than one
year, or both.
Sec. 403 RCW 82.44.120 and 1993 c 307 s 3 are each amended to
read as follows:
(1) Whenever any person has paid a motor vehicle license fee, and
together therewith has paid an excise tax imposed under the provisions
of this chapter, and the director determines that the payor is entitled
to a refund of the entire amount of the license fee as provided by law,
then the payor shall also be entitled to a refund of the entire excise
tax collected under the provisions of this chapter. In case the
director determines that any person is entitled to a refund of only a
part of the license fee so paid, the payor shall be entitled to a
refund of the difference, if any, between the excise tax collected and
that which should have been collected.
(2) In case no claim is to be made for the refund of the license
fee or any part thereof, but claim is made by any person that he or she
has paid an erroneously excessive amount of excise tax, the department
shall determine in the manner generally provided in this chapter the
amount of such excess, if any, that has been paid and shall certify to
the state treasurer that such person is entitled to a refund in such
amount.
(3) In any case where due to error, a person has been required to
pay an excise tax pursuant to this chapter and a vehicle license fee
pursuant to Title 46 RCW which amounts to an overpayment of ten dollars
or more, such person shall be entitled to a refund of the entire amount
of such overpayment, regardless of whether or not a refund of the
overpayment has been requested. Conversely, if due to error, the
department or its agents has failed to collect the full amount of the
license fee and excise tax due, which underpayment is in the amount of
ten dollars or more, the department shall charge and collect such
additional amount as will constitute full payment of the tax.
(4) Any claim for refund of an erroneously excessive amount of
excise tax or overpayment of excise tax with a motor vehicle license
fee must be filed with the director within three years after the
claimed erroneous payment was made.
(5) If the department approves the claim it shall notify the state
treasurer to that effect, and the treasurer shall make such approved
refunds from the general fund and shall mail or deliver the same to the
person entitled thereto.
(6) Any person making any false statement under which he or she
obtains any amount of refund to which he or she is not entitled under
the provisions of this section is guilty of a gross misdemeanor.
Sec. 404 RCW 82.45.090 and 1993 sp.s. c 25 s 506 are each amended
to read as follows:
(1) Except for a sale of a beneficial interest in real property
where no instrument evidencing the sale is recorded in the official
real property records of the county in which the property is located,
the tax imposed by this chapter shall be paid to and collected by the
treasurer of the county within which is located the real property which
was sold. In collecting the tax the treasurer shall act as agent for
the state. The county treasurer shall cause a stamp evidencing
satisfaction of the lien to be affixed to the instrument of sale or
conveyance prior to its recording or to the real estate excise tax
affidavit in the case of used mobile home sales and used floating home
sales. A receipt issued by the county treasurer for the payment of the
tax imposed under this chapter shall be evidence of the satisfaction of
the lien imposed hereunder and may be recorded in the manner prescribed
for recording satisfactions of mortgages. No instrument of sale or
conveyance evidencing a sale subject to the tax shall be accepted by
the county auditor for filing or recording until the tax shall have
been paid and the stamp affixed thereto; in case the tax is not due on
the transfer, the instrument shall not be so accepted until suitable
notation of such fact has been made on the instrument by the treasurer.
(2) For a sale of a beneficial interest in real property where a
tax is due under this chapter and where no instrument is recorded in
the official real property records of the county in which the property
is located, the sale shall be reported to the department of revenue
within five days from the date of the sale on such returns or forms and
according to such procedures as the department may prescribe. Such
forms or returns shall be signed by both the transferor and the
transferee and shall be accompanied by payment of the tax due.
(3) Any person who intentionally makes a false statement on any
return or form required to be filed with the department under this
chapter ((shall be)) is guilty of perjury under chapter 9A.72 RCW.
Sec. 405 RCW 82.49.065 and 1992 c 154 s 4 are each amended to
read as follows:
(1) Whenever any person has paid a vessel license fee, and with the
fee has paid an excise tax imposed under this chapter, and the director
of licensing determines that the payor is entitled to a refund of the
entire amount of the license fee as provided by law, then the payor
shall also be entitled to a refund of the entire excise tax collected
under this chapter together with interest at the rate specified in RCW
82.32.060. If the director determines that any person is entitled to
a refund of only a part of the license fee paid, the payor shall be
entitled to a refund of the difference, if any, between the excise tax
collected and that which should have been collected together with
interest at the rate specified in RCW 82.32.060. The state treasurer
shall determine the amount of such refund by reference to the
applicable excise tax schedule prepared by the department of revenue in
cooperation with the department of licensing.
(2) If no claim is to be made for the refund of the license fee, or
any part of the fee, but claim is made by any person that he or she has
paid an erroneously excessive amount of excise tax, the department of
licensing shall determine in the manner generally provided in this
chapter the amount of such excess, if any, that has been paid and shall
certify to the state treasurer that the person is entitled to a refund
in that amount together with interest at the rate specified in RCW
82.32.060.
(3) If due to error a person has been required to pay an excise tax
pursuant to this chapter and a license fee under chapter 88.02 RCW
which amounts to an overpayment of ten dollars or more, such person
shall be entitled to a refund of the entire amount of such overpayment,
together with interest at the rate specified in RCW 82.32.060,
regardless of whether a refund of the overpayment has been requested.
If due to error the department or its agents has failed to collect the
full amount of the license fee and excise tax due, which underpayment
is in the amount of ten dollars or more, the department shall charge
and collect such additional amount as will constitute full payment of
the tax and any penalties or interest at the rate specified in RCW
82.32.050.
(4) If the department approves the claim, it shall notify the state
treasurer to that effect and the treasurer shall make such approved
refunds and the other refunds provided for in this section from the
general fund and shall mail or deliver the same to the person entitled
to the refund.
(5) Any person who makes a false statement under which he or she
obtains a refund to which he or she is not entitled under this section
is guilty of a gross misdemeanor.
Sec. 406 RCW 82.50.170 and 1992 c 154 s 6 are each amended to
read as follows:
(1) In case a claim is made by any person that the person has
erroneously paid the tax or a part thereof or any charge hereunder, the
person may apply in writing to the department of licensing for a refund
of the amount of the claimed erroneous payment within thirteen months
of the time of payment of the tax on such a form as is prescribed by
the department of licensing. The department of licensing shall review
such application for refund, and, if it determines that an erroneous
payment has been made by the taxpayer, it shall certify the amount to
be refunded to the state treasurer that such person is entitled to a
refund in such amount together with interest at the rate specified in
RCW 82.32.060, and the treasurer shall make such approved refund
together with interest at the rate specified in RCW 82.32.060 herein
provided for from the general fund and shall mail or deliver the same
to the person entitled thereto.
(2) If due to error a person has been required to pay an excise tax
under this chapter and a vehicle license fee under Title 46 RCW which
amounts to an overpayment of ten dollars or more, such person shall be
entitled to a refund of the entire amount of such overpayment, together
with interest at the rate specified in RCW 82.32.060, regardless of
whether a refund of the overpayment has been requested. If due to
error the department or its agents has failed to collect the full
amount of the license fee and excise tax due, which underpayment is in
the amount of ten dollars or more, the department shall charge and
collect such additional amount as will constitute full payment of the
tax and any penalties or interest at the rate specified in RCW
82.32.050.
(3) Any person making any false statement in the claim herein
mentioned, under which the person obtains any amount of refund to which
the person is not entitled under the provisions of this section,
((shall be)) is guilty of a gross misdemeanor.
Sec. 407 RCW 84.08.050 and 1973 c 95 s 8 are each amended to read
as follows:
(1) The department of revenue shall:
(((1))) (a) Require individuals, partnerships, companies,
associations and corporations to furnish information as to their
capital, funded debts, investments, value of property, earnings, taxes
and all other facts called for on these subjects so that the department
may determine the taxable value of any property or any other fact it
may consider necessary to carry out any duties now or hereafter imposed
upon it, or may ascertain the relative burdens borne by all kinds and
classes of property within the state, and for these purposes their
records, books, accounts, papers and memoranda shall be subject to
production and inspection, investigation and examination by ((said))
the department, or any employee thereof designated by ((said)) the
department for such purpose, and any or all real and/or personal
property in this state shall be subject to visitation, investigation,
examination and/or listing at any and all times by the department or by
any employee thereof designated by ((said)) the department.
(((2))) (b) Summon witnesses to appear and testify on the subject
of capital, funded debts, investments, value of property, earnings,
taxes, and all other facts called for on these subjects, or upon any
matter deemed material to the proper assessment of property, or to the
investigation of the system of taxation, or the expenditure of public
funds for state, county, district and municipal purposes: PROVIDED,
HOWEVER, No person shall be required to testify outside of the county
in which the taxpayer's residence, office or principal place of
business, as the case may be, is located. Such summons shall be served
in like manner as a subpoena issued out of the superior court and be
served by the sheriff of the proper county, and such service certified
by him or her to ((said)) the department without compensation therefor.
Persons appearing before ((said)) the department in obedience to a
summons shall in the discretion of the department receive the same
compensation as witnesses in the superior court.
(c) Thoroughly investigate all complaints which may be made to it
of illegal, unjust or excessive taxation, and shall endeavor to
ascertain to what extent and in what manner, if at all, the present
system is inequal or oppressive.
(2) Any member of the department or any employee thereof designated
for that purpose may administer oaths to witnesses.
(3)(a) In case any witness shall fail to obey the summons to
appear, or refuse to testify, or shall fail or refuse to comply with
any of the provisions of subsection((s)) (1) ((and (2))) (a) or (b) of
this section, such person, for each separate or repeated offense, shall
be deemed guilty of a misdemeanor, and upon conviction thereof shall be
fined in any sum not less than fifty dollars, nor more than five
thousand dollars.
(b) Any person who shall testify falsely ((shall be)) is guilty of
perjury and shall be punished ((for perjury)) under chapter 9A.72 RCW.
(((3) Thoroughly investigate all complaints which may be made to it
of illegal, unjust or excessive taxation, and shall endeavor to
ascertain to what extent and in what manner, if at all, the present
system is inequal or oppressive.))
Sec. 408 RCW 84.36.387 and 1992 c 206 s 14 are each amended to
read as follows:
(1) All claims for exemption shall be made and signed by the person
entitled to the exemption, by his or her attorney in fact or in the
event the residence of such person is under mortgage or purchase
contract requiring accumulation of reserves out of which the holder of
the mortgage or contract is required to pay real estate taxes, by such
holder or by the owner, either before two witnesses or the county
assessor or his or her deputy in the county where the real property is
located: PROVIDED, That if a claim for exemption is made by a person
living in a cooperative housing association, corporation, or
partnership, such claim shall be made and signed by the person entitled
to the exemption and by the authorized agent of such cooperative.
(2) If the taxpayer is unable to submit his or her own claim, the
claim shall be submitted by a duly authorized agent or by a guardian or
other person charged with the care of the person or property of such
taxpayer.
(3) All claims for exemption and renewal applications shall be
accompanied by such documented verification of income as shall be
prescribed by rule adopted by the department of revenue.
(4) Any person signing a false claim with the intent to defraud or
evade the payment of any tax ((shall be)) is guilty of ((the offense
of)) perjury under chapter 9A.72 RCW.
(5) The tax liability of a cooperative housing association,
corporation, or partnership shall be reduced by the amount of tax
exemption to which a claimant residing therein is entitled and such
cooperative shall reduce any amount owed by the claimant to the
cooperative by such exact amount of tax exemption or, if no amount be
owed, the cooperative shall make payment to the claimant of such exact
amount of exemption.
(6) A remainderman or other person who would have otherwise paid
the tax on real property that is the subject of an exemption granted
under RCW 84.36.381 for an estate for life shall reduce the amount
which would have been payable by the life tenant to the remainderman or
other person to the extent of the exemption. If no amount is owed or
separately stated as an obligation between these persons, the
remainderman or other person shall make payment to the life tenant in
the exact amount of the exemption.
Sec. 409 RCW 84.40.120 and 1961 c 15 s 84.40.120 are each amended
to read as follows:
(1) Any oath authorized to be administered under this title may be
administered by any assessor or deputy assessor, or by any other
officer having authority to administer oaths.
(2) Any person willfully making a false list, schedule, or
statement under oath ((shall be liable as in case)) is guilty of
perjury under chapter 9A.72 RCW.
Sec. 410 RCW 84.40.340 and 1997 c 239 s 3 are each amended to
read as follows:
(1) For the purpose of verifying any list, statement, or schedule
required to be furnished to the assessor by any taxpayer, any assessor
or his or her trained and qualified deputy at any reasonable time may
visit, investigate and examine any personal property, and for this
purpose the records, accounts and inventories also shall be subject to
any such visitation, investigation and examination which shall aid in
determining the amount and valuation of such property. Such powers and
duties may be performed at any office of the taxpayer in this state,
and the taxpayer shall furnish or make available all such information
pertaining to property in this state to the assessor although the
records may be maintained at any office outside this state.
(2) Any information or facts obtained pursuant to this section
shall be used by the assessor only for the purpose of determining the
assessed valuation of the taxpayer's property: PROVIDED, That such
information or facts shall also be made available to the department of
revenue upon request for the purpose of determining any sales or use
tax liability with respect to personal property, and except in a civil
or criminal judicial proceeding or an administrative proceeding in
respect to penalties imposed pursuant to RCW 84.40.130, to such sales
or use taxes, or to the assessment or valuation for tax purposes of the
property to which such information and facts relate, shall not be
disclosed by the assessor or the department of revenue without the
permission of the taxpayer to any person other than public officers or
employees whose duties relate to valuation of property for tax purposes
or to the imposition and collection of sales and use taxes, and any
violation of this secrecy provision ((shall constitute)) is a gross
misdemeanor.
Sec. 411 RCW 87.03.200 and 1983 c 167 s 213 are each amended to
read as follows:
(1) At the election provided for in RCW 87.03.190, there shall be
submitted to the electors of ((said)) the district possessing the
qualifications prescribed by law the question of whether or not the
bonds of ((said)) the district in the amount and of the maturities
determined by the board of directors shall be issued. Bonds issued
under the provisions of this act shall be serial bonds payable in legal
currency of the United States in such series and amounts as shall be
determined and declared by the board of directors in the resolution
calling the election: PROVIDED, That the first series shall mature not
later than ten years and the last series not later than forty years
from the date thereof: PROVIDED FURTHER, That bonds, authorized by a
special election held in the district under the provisions of a former
statute, which has subsequent to ((said)) the authorization been
amended, but not issued prior to the amendment of ((said)) the former
statute, may be issued in the form provided in ((said)) the former
statute, and any such bonds heretofore or hereafter so issued and sold
are hereby confirmed and validated.
Notice of such bond election must be given by publication of such
notice in some newspaper published in the county where the office of
the board of directors of such district is required to be kept, once a
week for at least two weeks (three times). Such notices must specify
the time of holding the election, and the amount and maturities of
bonds proposed to be issued; and ((said)) the election must be held and
the results thereof determined and declared in all respects as nearly
as practicable in conformity with the provisions of law governing the
election of the district officers: PROVIDED, That no informality in
conducting such election shall invalidate the same, if the election
shall have been otherwise fairly conducted. At such election the
ballots shall contain the words "Bonds Yes" and "Bonds No," or words
equivalent thereto. If a majority of the votes cast are cast "Bonds
Yes," the board of directors shall thereupon have authority to cause
bonds in ((said)) such amount and maturities to be issued. If the
majority of the votes cast at any bond election are "Bonds No," the
result of such election shall be so declared and entered of record; but
if contract is made or is to be made with the United States as in RCW
87.03.140 provided, and bonds are not to be deposited with the United
States in connection with such contract, the question submitted at such
special election shall be whether contract shall be entered into with
the United States. The notice of election shall state under the terms
of what act or acts of congress contract is proposed to be made, and
the maximum amount of money payable to the United States for
construction purposes exclusive of penalties and interest. The ballots
for such election shall contain the words "Contract with the United
States Yes" and "Contract with the United States No," or words
equivalent thereto. And whenever thereafter ((said)) the board, in its
judgment, deems it for the best interest of the district that the
question of issuance of bonds for ((said)) such amount, or any amount,
or the question of entering into a contract with the United States,
shall be submitted to ((said)) the electors, it shall so declare, by
resolution recorded in its minutes, and may thereupon submit such
question to ((said)) the electors in the same manner and with like
effect as at such previous election.
(2) All bonds issued under this act shall bear interest at such
rate or rates as the board of directors may determine, payable
semiannually on the first day of January and of July of each year. The
principal and interest shall be payable at the office of the county
treasurer of the county in which the office of the board of directors
is situated, or if the board of directors shall so determine at the
fiscal agency of the state of Washington in New York City, ((said)) the
place of payment to be designated in the bond. The bonds may be in
such denominations as the board of directors may in its discretion
determine, except that bonds other than bond number one of any issue
shall be in a denomination that is a multiple of one hundred dollars.
Such bonds may be in any form, including bearer bonds or registered
bonds as provided in RCW 39.46.030. ((Said)) The bonds shall be
negotiable in form, signed by the president and secretary, and the seal
of the district shall be affixed thereto. The printed, engraved, or
lithographed facsimile signatures of the president and secretary of the
district's board of directors shall be sufficient signatures on the
bonds or any coupons: PROVIDED, That such facsimile signatures on the
bonds may be used only after the filing, by the officer whose facsimile
signature is to be used, with the secretary of state of his or her
manual signature certified by him or her under oath, whereupon that
officer's facsimile signature has the same legal effect as his or her
manual signature: PROVIDED, FURTHER, That either the president of the
board of directors' or the secretary's signature on the bonds shall be
manually subscribed: AND PROVIDED FURTHER, That whenever such
facsimile reproduction of the signature of any officer is used in place
of the manual signature of such officer, the district's board of
directors shall specify in a written order or requisition to the
printer, engraver, or lithographer the number of bonds or any coupons
upon which such facsimile signature is to be printed, engraved, or
lithographed and the manner of numbering the bonds or any coupons upon
which such signature shall be placed. Within ninety days after the
completion of the printing, engraving, or lithographing of such bonds
or any coupons, the plate or plates used for the purpose of affixing
the facsimile signature shall be destroyed, and it shall be the duty of
the district's board of directors, within ninety days after receipt of
the completed bonds or any coupons, to ascertain that such plate or
plates have been destroyed. Every printer, engraver, or lithographer
who, with the intent to defraud, prints, engraves, or lithographs a
facsimile signature upon any bond or any coupon without written order
of the district's board of directors, or fails to destroy such plate or
plates containing the facsimile signature upon direction of such
issuing authority, ((shall be)) is guilty of a class B felony
punishable according to chapter 9A.20 RCW.
(3) Whenever the electors shall vote to authorize the issuance of
bonds of the district such authorization shall nullify and cancel all
unsold bonds previously authorized, and if the question is submitted to
and carried by the electors at the bond election, any bond issue may be
exchanged in whole or in part, at par, for any or all of a valid
outstanding bond issue of the district when mutually agreeable to the
owner or owners thereof and the district, and the amount of ((said))
the last bond issue in excess, if any, of that required for exchange
purposes, may be sold as in the case of an original issue. The bonds
of any issue authorized to be exchanged in whole or in part for
outstanding bonds shall state on their face the amount of such issue so
exchanged, and shall contain a certificate of the treasurer of the
district as to the amount of the bonds exchanged, and that ((said)) the
outstanding bonds have been surrendered and canceled: PROVIDED
FURTHER, That where bonds have been authorized and unsold, the board of
directors may submit to the qualified voters of the district the
question of canceling ((said)) the previous authorization, which
question shall be submitted upon the same notice and under the same
regulations as govern the submission of the original question of
authorizing a bond issue. At such election the ballots shall contain
the words "Cancellation Yes," and "Cancellation No," or words
equivalent thereto. If at such election a majority of the votes
((shall be)) are "Cancellation Yes," the ((said)) issue shall be
thereby canceled and no bonds may be issued thereunder. If the
majority of ((said)) ballots ((shall be)) are "Cancellation No,"
((said)) the original authorization shall continue in force with like
effect as though ((said)) the cancellation election had not been held:
PROVIDED, That bonds deposited with the United States in payment or in
pledge may call for the payment of such interest at such rate or rates,
may be of such denominations, and call for the repayment of the
principal at such times as may be agreed upon between the board and the
secretary of the interior.
(4) Each issue shall be numbered consecutively as issued, and the
bonds of each issue shall be numbered consecutively and bear date at
the time of their issue. The bonds may be in any form, including
bearer bonds or registered bonds as provided in RCW 39.46.030.
((Said)) The bonds shall express upon their face that they were issued
by authority of this act, stating its title and date of approval, and
shall also state the number of issue of which such bonds are a part.
In case the money received by the sale of all bonds issued be
insufficient for the completion of plans of the canals and works
adopted, and additional bonds be not voted, or a contract calling for
additional payment to the United States be not authorized and made, as
the case may be, it shall be the duty of the board of directors to
provide for the completion of ((said)) the plans by levy of assessments
therefor. It shall be lawful for any irrigation districts which have
heretofore issued and sold bonds under the law then in force, to issue
in place thereof an amount of bonds not in excess of such previous
issue, and to sell the same, or any part thereof, as hereinafter
provided, or exchange the same, or any part thereof, with the owners of
such previously issued bonds which may be outstanding, upon such terms
as may be agreed upon between the board of directors of the district
and the holders of such outstanding bonds: PROVIDED, That the question
of such reissue of bonds shall have been previously voted upon
favorably by the legally qualified electors of such district, in the
same manner as required for the issue of original bonds, and the
((said)) board shall not exchange any such bonds for a less amount in
par value of the bonds received; all of such old issue in place of
which new bonds are issued shall be destroyed whenever lawfully in
possession of ((said)) the board. Bonds issued under the provisions of
this section may, when so authorized by the electors, include a sum
sufficient to pay the interest thereon for a period not exceeding the
first four years. Whenever an issue of bonds shall have been
authorized pursuant to law, and any of the earlier series shall have
been sold, and the later series, or a portion thereof, remain unsold,
the directors may sell such later series pursuant to law, or such
portion thereof as shall be necessary to pay the earlier series, or
((said)) the directors may exchange ((said)) the later series for the
earlier series at not less than the par value thereof, ((said)) the
sale or exchange to be made not more than six months before the
maturity of ((said)) the earlier series and upon ((said)) the exchange
being made the maturing bonds shall be disposed of as hereinbefore
provided in the case of bonds authorized to be exchanged in whole or in
part for outstanding bonds.
(5) Notwithstanding subsections (1) through (4) of this section,
such bonds may be issued and sold in accordance with chapter 39.46 RCW.
Sec. 412 RCW 87.03.490 and 1983 c 167 s 223 are each amended to
read as follows:
(1) If decision shall be rendered in favor of the improvement, the
board shall enter an order establishing the boundaries of the ((said))
improvement district and shall adopt plans for the proposed improvement
and determine the number of annual installments not exceeding fifty in
which the cost of ((said)) the improvement shall be paid. The cost of
((said)) the improvement shall be provided for by the issuance of local
improvement district bonds of the district from time to time, therefor,
either directly for the payment of the labor and material or for the
securing of funds for such purpose, or by the irrigation district
entering into a contract with the United States or the state of
Washington, or both, to repay the cost of ((said)) the improvement.
((Said)) The bonds shall bear interest at a rate or rates determined by
the board, payable semiannually, and shall state upon their face that
they are issued as bonds of the irrigation district; that all lands
within ((said)) the local improvement district shall be primarily
liable to assessment for the principal and interest of ((said)) the
bonds and that ((said)) the bonds are also a general obligation of the
((said)) district. The bonds may be in such denominations as the board
of directors may in its discretion determine, except that bonds other
than bond number one of any issue shall be in a denomination that is a
multiple of one hundred dollars, and no bond shall be sold for less
than par. Any contract entered into for ((said)) the local improvement
by the district with the United States or the state of Washington, or
both although all the lands within ((said)) the local improvement
district shall be primarily liable to assessment for the principal and
interest thereon, shall be a general obligation of the irrigation
district. Such bonds may be in any form, including bearer bonds or
registered bonds as provided in RCW 39.46.030.
(2) No election shall be necessary to authorize the issuance of
such local improvement bonds or the entering into of such a contract.
Such bonds, when issued, shall be signed by the president and secretary
of the irrigation district with the seal of ((said)) the district
affixed. The printed, engraved, or lithographed facsimile signatures
of the president and secretary of the district's board of directors
shall be sufficient signatures on the bonds or any coupons: PROVIDED,
That such facsimile signatures on the bonds may be used only after the
filing, by the officer whose facsimile signature is to be used, with
the secretary of state of his or her manual signature certified by him
or her under oath, whereupon that officer's facsimile signature has the
same legal effect as his or her manual signature: PROVIDED, FURTHER,
That either the president of the board of directors' or the secretary's
signature on the bonds shall be manually subscribed: AND PROVIDED
FURTHER, That whenever such facsimile reproduction of the signature of
any officer is used in place of the manual signature of such officer,
the district's board of directors shall specify in a written order or
requisition to the printer, engraver, or lithographer the number of
bonds or any coupons upon which such facsimile signature is to be
printed, engraved, or lithographed and the manner of numbering the
bonds or any coupons upon which such signature shall be placed. Within
ninety days after the completion of the printing, engraving, or
lithographing of such bonds or any coupons, the plate or plates used
for the purpose of affixing the facsimile signature shall be destroyed,
and it shall be the duty of the district's board of directors, within
ninety days after receipt of the completed bonds or any coupons, to
ascertain that such plate or plates have been destroyed. Every
printer, engraver, or lithographer who, with the intent to defraud,
prints, engraves, or lithographs a facsimile signature upon any bond or
coupon without written order of the district's board of directors, or
fails to destroy such plate or plates containing the facsimile
signature upon direction of such issuing authority, ((shall be)) is
guilty of a class B felony punishable according to chapter 9A.20 RCW.
(3) The proceeds from the sale of such bonds shall be deposited
with the treasurer of the district, who shall place them in a special
fund designated "Construction fund of local improvement district number
. . . . . ."
(4) Whenever such improvement district has been organized, the
boundaries thereof may be enlarged to include other lands which can be
served or will be benefited by the proposed improvement upon petition
of the owners thereof and the consent of the United States or the state
of Washington, or both, in the event the irrigation district has
contracted with the United States or the state of Washington, or both,
to repay the cost of the improvement: PROVIDED, That at such time the
lands so included shall pay their equitable proportion upon the basis
of benefits of the improvement theretofore made by the ((said)) local
improvement district and shall be liable for the indebtedness of the
((said)) local improvement district in the same proportion and same
manner and subject to assessment as if ((said)) the lands had been
incorporated in ((said)) the improvement district at the beginning of
its organization.
(((2))) (5) Notwithstanding ((subsection (1) of)) this section,
such bonds may be issued and sold in accordance with chapter 39.46 RCW.
Sec. 413 RCW 88.02.055 and 1997 c 22 s 2 are each amended to read
as follows:
(1) Whenever any license fee paid under this chapter has been
erroneously paid, in whole or in part, the person paying the fee, upon
satisfactory proof to the director of licensing, is entitled to a
refund of the amount erroneously paid.
(2) A license fee is refundable in one or more of the following
circumstances: (((1))) (a) If the vessel for which the renewal license
was purchased was destroyed before the beginning date of the
registration period for which the renewal fee was paid; (((2))) (b) if
the vessel for which the renewal license was purchased was permanently
removed from the state before the beginning date of the registration
period for which the renewal fee was paid; (((3))) (c) if the vessel
license was purchased after the owner has sold the vessel; (((4))) (d)
if the vessel is currently licensed in Washington and is subsequently
licensed in another jurisdiction, in which case any full months of
Washington fees between the date of license application in the other
jurisdiction and the expiration of the Washington license are
refundable; or (((5))) (e) if the vessel for which the renewal license
was purchased is sold before the beginning date of the registration
period for which the renewal fee was paid, and the payor returns the
new, unused, never affixed license renewal decal to the department
before the beginning of the registration period for which the
registration was purchased.
(3) Upon the refund being certified as correct to the state
treasurer by the director and being claimed in the time required by
law, the state treasurer shall mail or deliver the amount of each
refund to the person entitled to the refund.
(4) A claim for refund shall not be allowed for erroneous payments
unless the claim is filed with the director within three years after
such payment was made.
(5) If due to error a person has been required to pay a license fee
under this chapter and excise tax which amounts to an overpayment of
ten dollars or more, the person is entitled to a refund of the entire
amount of the overpayment, regardless of whether a refund of the
overpayment has been requested. If due to error the department or its
agents has failed to collect the full amount of the license fee and
excise tax due, which underpayment is in the amount of ten dollars or
more, the department shall charge and collect the additional amount as
will constitute full payment of the tax and fees.
(6) Any person who makes a false statement under which he or she
obtains a refund to which he or she is not entitled under this section
is guilty of a gross misdemeanor.
Sec. 414 RCW 88.02.118 and 2000 c 229 s 6 are each amended to
read as follows:
It is a gross misdemeanor punishable as provided under chapter
9A.20 RCW for any person owning a vessel subject to taxation under
chapter 82.49 RCW to register a vessel in another state to avoid
Washington state vessel excise tax required under chapter 82.49 RCW or
to obtain a vessel dealer's registration for the purpose of evading
excise tax on vessels under chapter 82.49 RCW. For a second or
subsequent offense, the person convicted is also subject to a fine
equal to four times the amount of avoided taxes and fees, no part of
which may be suspended or deferred. Excise taxes owed and fines
assessed will be deposited in the manner provided under RCW
46.16.010(((2))) (4).
Sec. 415 RCW 88.08.020 and 1992 c 7 s 62 are each amended to read
as follows:
Every person who, in such manner as might, if not discovered,
endanger a vessel, railway engine, motor, train, or car, shall show,
mask, extinguish, alter, or remove any light or signal, or exhibit any
false light or signal, is guilty of a class B felony and shall be
punished by imprisonment in a state correctional facility for not more
than ten years.
Sec. 416 RCW 88.08.050 and 1992 c 7 s 63 are each amended to read
as follows:
Every person who shall willfully break, injure, deface, or destroy
any lighthouse station, post, platform, step, lamp, or other structure
pertaining to such lighthouse station, or shall extinguish or tamper
with any light erected by the United States upon or along the navigable
waters of this state to aid in the navigation thereof, in case no
punishment is provided therefor by the laws of the United States, shall
be punished ((as follows)):
(1) As a class B felony punishable by imprisonment in a state
correctional facility for not more than ten years whenever such act may
endanger the safety of any vessel navigating such waters, or jeopardize
the safety of any person or property in or upon such vessel((, by
imprisonment in a state correctional facility for not more than ten
years)).
(2) In all other cases by imprisonment in the county jail for not
more than one year, or by a fine of not more than one thousand dollars,
or by both.
Sec. 417 RCW 88.46.080 and 2000 c 69 s 8 are each amended to read
as follows:
(1) Except as provided in subsection (((2))) (3) of this section,
it shall be unlawful for the owner or operator to knowingly and
intentionally operate in this state or on the waters of this state a
covered vessel without an approved contingency plan or an approved
prevention plan as required by this chapter, or financial
responsibility in compliance with chapter 88.40 RCW and the federal oil
pollution act of 1990.
(2)(a) The first conviction under this section ((shall be)) is a
gross misdemeanor under chapter 9A.20 RCW.
(b) A second or subsequent conviction ((shall be)) is a class C
felony under chapter 9A.20 RCW.
(((2))) (3) It shall not be unlawful for the owner or operator to
operate a covered vessel if:
(a) The covered vessel is not required to have a contingency plan,
spill prevention plan, or financial responsibility;
(b) All required plans have been submitted to the department as
required by this chapter and rules adopted by the department and the
department is reviewing the plan and has not denied approval; or
(c) The covered vessel has entered state waters after the United
States coast guard has determined that the vessel is in distress.
(((3))) (4) A person may rely on a copy of the statement issued by
the department pursuant to RCW 88.46.060 as evidence that a vessel has
an approved contingency plan and the statement issued pursuant to RCW
88.46.040 that a vessel has an approved prevention plan.
(((4))) (5) Any person found guilty of willfully violating any of
the provisions of this chapter, or any final written orders or
directive of the director or a court in pursuance thereof ((shall be
deemed)) is guilty of a gross misdemeanor, as provided in chapter 9A.20
RCW, and upon conviction thereof shall be punished by a fine of up to
ten thousand dollars and costs of prosecution, or by imprisonment in
the county jail for not more than one year, or by both such fine and
imprisonment in the discretion of the court. Each day upon which a
willful violation of the provisions of this chapter occurs may be
deemed a separate and additional violation.
Sec. 418 RCW 90.03.400 and 1917 c 117 s 40 are each amended to
read as follows:
(1) The unauthorized use of water to which another person is
entitled or the willful or negligent waste of water to the detriment of
another, ((shall be)) is a misdemeanor.
(2) The possession or use of water without legal right shall be
prima facie evidence of the guilt of the person using it.
(3) It ((shall)) is also ((be)) a misdemeanor to use, store, or
divert any water until after the issuance of permit to appropriate such
water.
Sec. 419 RCW 90.48.140 and 1992 c 73 s 26 are each amended to
read as follows:
Any person found guilty of willfully violating any of the
provisions of this chapter or chapter 90.56 RCW, or any final written
orders or directive of the department or a court in pursuance thereof
((shall be deemed)) is guilty of a ((crime)) gross misdemeanor, and
upon conviction thereof shall be punished by a fine of up to ten
thousand dollars and costs of prosecution, or by imprisonment in the
county jail for not more than one year, or by both such fine and
imprisonment in the discretion of the court. Each day upon which a
willful violation of the provisions of this chapter or chapter 90.56
RCW occurs may be deemed a separate and additional violation.
Sec. 420 RCW 90.56.300 and 1992 c 73 s 34 are each amended to
read as follows:
(1) Except as provided in subsection (((2))) (3) of this section,
it shall be unlawful for the owner or operator to knowingly and
intentionally operate in this state or on the waters of this state an
onshore or offshore facility without an approved contingency plan or an
approved prevention plan as required by this chapter, or financial
responsibility in compliance with chapter 88.40 RCW and the federal oil
pollution act of 1990.
(2)(a) The first conviction under this section ((shall be)) is a
gross misdemeanor under chapter 9A.20 RCW.
(b) A second or subsequent conviction ((shall be)) is a class C
felony under chapter 9A.20 RCW.
(((2))) (3) It shall not be unlawful for the owner or operator to
operate an onshore or offshore facility if:
(a) The facility is not required to have a contingency plan, spill
prevention plan, or financial responsibility; or
(b) All required plans have been submitted to the department as
required by RCW 90.56.210 and rules adopted by the department and the
department is reviewing the plan and has not denied approval.
(((3))) (4) A person may rely on a copy of the statement issued by
the department pursuant to RCW 90.56.210(7) as evidence that a facility
has an approved contingency plan and the statement issued pursuant to
RCW 90.56.200(4) that a facility has an approved prevention plan.
NEW SECTION. Sec. 421 The following acts or parts of acts are
each repealed:
(1) RCW 9.16.090 (Petroleum products--Penalty) and 1927 c 222 s 2;
(2) RCW 9.18.140 (Penalty) and 1921 c 12 s 3;
(3) RCW 9.45.230 (Penalty) and 1983 c 3 s 8 & 1890 p 99 s 4;
(4) RCW 9.61.170 (Threats to bomb or injure property--Hoax no
defense) and 1959 c 141 s 2;
(5) RCW 9.61.180 (Threats to bomb or injure property--Penalty) and
1977 ex.s. c 231 s 2 & 1959 c 141 s 3;
(6) RCW 9.68A.140 (Definitions) and 1987 c 396 s 1;
(7) RCW 9.68A.160 (Penalty) and 1987 c 396 s 3;
(8) RCW 9.86.050 (Penalty) and 1919 c 107 s 5;
(9) RCW 9.94.020 (Prison riot--Penalty) and 1995 c 314 s 2, 1992 c
7 s 19, & 1955 c 241 s 2;
(10) RCW 10.79.045 (Search without warrant unlawful--Penalty) and
1921 c 71 s 2;
(11) RCW 16.52.195 (Poisoning animals--Penalty) and 1941 c 105 s 3;
(12) RCW 18.06.150 (Violations of RCW 18.06.130 or 18.06.140--Penalty) and 1985 c 326 s 15;
(13) RCW 18.64.247 (Penalty for violation of RCW 18.64.245,
18.64.246) and 1939 c 28 s 3;
(14) RCW 26.04.230 (Penalty for violation of marriage requirements)
and 1992 c 7 s 30, 1909 ex.s. c 16 s 4, 1909 c 174 s 4, Code 1881 s
2394, & 1866 p 84 s 16;
(15) RCW 28A.405.050 (Noncompliance with RCW 28A.405.040--Penalties) and 1991 c 115 s 1, 1990 c 33 s 385, & 1969 ex.s. c 223 s
28A.67.035;
(16) RCW 28A.635.120 (Violations under RCW 28A.635.090 and
28A.635.100 -- Penalty) and 1990 c 33 s 543 & 1971 c 45 s 6;
(17) RCW 28B.10.573 (Certain unlawful acts -- Penalty) and 1970 ex.s.
c 98 s 4;
(18) RCW 28B.20.322 (Marine biological preserve -- Gathering permit)
and 1969 ex.s. c 223 s 28B.20.322;
(19) RCW 28B.20.324 (Marine biological preserve -- Penalty for
unlawful gathering) and 1969 ex.s. c 223 s 28B.20.324;
(20) RCW 28B.85.110 (Violations -- Criminal sanctions) and 1986 c 136
s 11;
(21) RCW 29.51.215 (Handicapped voters -- Penalty) and 1981 c 34 s 2
& 1965 c 9 s 29.51.215;
(22) RCW 33.24.380 (Acquisition of control of association -- Penalty)
and 1973 c 130 s 4;
(23) RCW 36.28.070 (Duplicate to payer) and 1963 c 4 s 36.28.070;
(24) RCW 36.28.080 (Original to be filed) and 1963 c 4 s 36.28.080;
(25) RCW 36.28.140 (Penalty for violation of RCW 36.28.060 through
36.28.080) and 1963 c 4 s 36.28.140;
(26) RCW 36.29.070 (Penalty for failure to call) and 1963 c 4 s
36.29.070;
(27) RCW 36.32.215 (Inventory of county capitalized assets -- Filing
and public inspection) and 1995 c 194 s 6 & 1963 c 4 s 36.32.215;
(28) RCW 36.32.220 (Inventory of county capitalized assets--Penalty) and 1963 c 4 s 36.32.220;
(29) RCW 36.32.225 (Inventory of county capitalized assets--Prosecutions) and 1963 c 4 s 36.32.225;
(30) RCW 36.32.230 (Inventory of county personal property--Taxpayer's action) and 1963 c 4 s 36.32.230;
(31) RCW 36.75.140 (Approaches to county roads -- Rules regarding
construction) and 1969 ex.s. c 182 s 4 & 1963 c 4 s 36.75.140;
(32) RCW 36.75.150 (Approaches to county roads -- Penalty) and 1963
c 4 s 36.75.150;
(33) RCW 43.01.110 (Penalty for violation of RCW 43.01.100) and
1965 c 8 s 43.01.110;
(34) RCW 43.22.345 (Mobile homes, recreational or commercial
vehicles -- Penalty) and 1995 c 280 s 3 & 1969 ex.s. c 229 s 4;
(35) RCW 47.36.210 (Signs or flaggers -- Contractor compliance) and
1961 c 13 s 47.36.210;
(36) RCW 47.36.220 (Signs or flaggers -- Obedience by work vehicles)
and 2000 c 239 s 8 & 1961 c 13 s 47.36.220;
(37) RCW 47.36.230 (Signs or flaggers -- Penalty) and 1961 c 13 s
47.36.230;
(38) RCW 47.38.030 (Penalty) and 1993 c 116 s 2, 1979 ex.s. c 136
s 102, & 1967 ex.s. c 145 s 31;
(39) RCW 48.30A.025 (Trafficking in insurance claims -- Penalties)
and 1995 c 285 s 5;
(40) RCW 49.28.020 (Eight hour day, 1899 act -- Public works
contracts -- Emergency overtime) and 1899 c 101 s 2;
(41) RCW 49.28.030 (Eight hour day, 1899 act -- Penalty) and 1899 c
101 s 3;
(42) RCW 49.28.082 (Hours of domestic employees -- Exception) and
1937 c 129 s 2;
(43) RCW 49.28.084 (Hours of domestic employees -- Penalty) and 1937
c 129 s 4;
(44) RCW 49.28.110 (Hours of operators of power equipment in
waterfront operations -- Penalty) and 1953 c 271 s 2;
(45) RCW 49.44.110 (Bringing in out of state persons to replace
employees involved in labor dispute -- Penalty) and 1961 c 180 s 2;
(46) RCW 49.44.130 (Requiring lie detector tests -- Criminal penalty)
and 1985 c 426 s 2 & 1965 c 152 s 2;
(47) RCW 61.12.031 (Removal of property from mortgaged premises--Penalty) and 1899 c 75 s 2;
(48) RCW 64.36.230 (Criminal penalties) and 2002 c 86 s 303 & 1983
1st ex.s. c 22 s 22;
(49) RCW 66.28.250 (Keg registration -- Violation constitutes gross
misdemeanor) and 1999 c 189 s 2;
(50) RCW 66.44.291 (Minor purchasing or attempting to purchase
liquor -- Penalty against persons between eighteen and twenty, inclusive)
and 2002 c 175 s 42, 1987 c 101 s 1, & 1965 c 49 s 2;
(51) RCW 68.50.260 (Crematory record of caskets -- Penalty) and 1943
c 247 s 58;
(52) RCW 69.90.040 (Violation of chapter is gross misdemeanor) and
1985 c 127 s 5;
(53) RCW 70.54.100 (Penalty for violation of RCW 70.54.090) and
1953 c 185 s 2;
(54) RCW 70.54.170 (Penalty for violation of RCW 70.54.160) and
1977 ex.s. c 97 s 2;
(55) RCW 70.110.060 (Penalties) and 1973 1st ex.s. c 211 s 6;
(56) RCW 70.111.050 (Penalty) and 1996 c 158 s 6;
(57) RCW 70.127.210 (Violation of RCW 70.127.020 -- Misdemeanor--Forfeiture of corporate charter -- Fines) and 2000 c 175 s 18 & 1988 c
245 s 22;
(58) RCW 78.12.062 (Safety cage in mining shaft -- Penalty) and 1890
p 123 s 8;
(59) RCW 81.40.030 (Penalty -- Exceptions from requirements--Enforcement) and 1983 c 3 s 207 & 1961 c 14 s 81.40.030;
(60) RCW 81.40.050 (Enforcement) and 1961 c 14 s 81.40.050;
(61) RCW 81.40.070 (Penalty) and 1961 c 14 s 81.40.070;
(62) RCW 81.40.090 (Penalty) and 1961 c 14 s 81.40.090;
(63) RCW 81.40.120 (Cost of records or medical examinations--Definitions) and 1961 c 14 s 81.40.120;
(64) RCW 81.40.140 (Cost of records or medical examinations--Penalty) and 1961 c 14 s 81.40.140;
(65) RCW 81.60.090 (Receiving stolen railroad property) and 1961 c
14 s 81.60.090;
(66) RCW 81.64.100 ("Competent" defined) and 1961 c 14 s 81.64.100;
(67) RCW 81.64.110 (Penalty) and 1961 c 14 s 81.64.110; and
(68) RCW 81.64.170 (Penalty) and 1961 c 14 s 81.64.170.
NEW SECTION. Sec. 422 RCW 69.41.070, as amended by this act, is
recodified within chapter 69.41 RCW under the subchapter heading "use
of steroids."
NEW SECTION. Sec. 423 This act takes effect July 1, 2004.