BILL REQ. #: H-4140.1
| State of Washington | 58th Legislature | 2004 Regular Session |
Read first time 01/21/2004. Referred to Committee on Criminal Justice & Corrections.
AN ACT Relating to restitution for malicious mischief; amending RCW 9A.48.090; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 9A.48.090 and 2003 c 53 s 71 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)) exceeds fifty dollars.
(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.
(3) In sentencing any person convicted of malicious mischief, the
judge shall also order the defendant or, if the defendant is a minor,
the defendant's parents to pay restitution in an amount sufficient to
fully compensate the victim for damages. Payment must be made by the
person ordered to pay restitution:
(a) Immediately if the person is employed;
(b) By writ of garnishment if the employed person is not able to
pay immediately; and
(c) Under a mandatory payment plan if the person is neither
employed nor able to pay immediately.
NEW SECTION. Sec. 2 This act takes effect July 1, 2004.