BILL REQ. #:  S-0147.1 



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SENATE BILL 5355
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State of Washington58th Legislature2003 Regular Session

By Senators Brandland, Jacobsen, Esser, Rasmussen, Parlette, Swecker, Sheahan, McCaslin and Mulliken

Read first time 01/23/2003.   Referred to Committee on Judiciary.



     AN ACT Relating to eliminating voluntary intoxication as a consideration for mental state; and amending RCW 9A.16.090.

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

Sec. 1   RCW 9A.16.090 and 1975 1st ex.s. c 260 s 9A.16.090 are each amended to read as follows:
     No act committed by a person while in a state of voluntary intoxication shall be deemed less criminal by reason of his or her condition, ((but whenever the actual existence of any particular mental state is a necessary element to constitute a particular species or degree of crime, the fact of his intoxication may be taken into consideration in determining such mental state)) nor shall a state of voluntary intoxication be taken into consideration in determining the existence of a mental state which is an element of the offense.

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