CERTIFICATION OF ENROLLMENT

SENATE BILL 6357

Chapter 69, Laws of 2004

58th Legislature
2004 Regular Session



TRESPASS--LICENSE TO ENTER IMPROVED LAND



EFFECTIVE DATE: 6/10/04

Passed by the Senate February 17, 2004
  YEAS 48   NAYS 0

BRAD OWEN
________________________________________    
President of the Senate
Passed by the House March 4, 2004
  YEAS 89   NAYS 6

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


 
CERTIFICATE

I, Milton H. Doumit, Jr., Secretary of the Senate of the State of Washington, do hereby certify that the attached is SENATE BILL 6357 as passed by the Senate and the House of Representatives on the dates hereon set forth.

MILTON H. DOUMIT JR.
________________________________________    
Secretary
Approved March 22, 2004.








GARY F. LOCKE
________________________________________    
Governor of the State of Washington
 
FILED
March 22, 2004 - 5:15 p.m.







Secretary of State
State of Washington


_____________________________________________ 

SENATE BILL 6357
_____________________________________________

Passed Legislature - 2004 Regular Session
State of Washington58th Legislature2004 Regular Session

By Senators Johnson, Keiser, Esser, Eide, Prentice, McCaslin, Rasmussen, Winsley and Oke

Read first time 01/19/2004.   Referred to Committee on Judiciary.



     AN ACT Relating to enhancements to criminal trespass law; and amending RCW 9A.52.010.

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

Sec. 1   RCW 9A.52.010 and 1985 c 289 s 1 are each amended to read as follows:
     The following definitions apply in this chapter:
     (1) "Premises" includes any building, dwelling, structure used for commercial aquaculture, or any real property;
     (2) "Enter". The word "enter" when constituting an element or part of a crime, shall include the entrance of the person, or the insertion of any part of his body, or any instrument or weapon held in his hand and used or intended to be used to threaten or intimidate a person or to detach or remove property;
     (3) "Enters or remains unlawfully". A person "enters or remains unlawfully" in or upon premises when he is not then licensed, invited, or otherwise privileged to so enter or remain.
     A license or privilege to enter or remain in a building which is only partly open to the public is not a license or privilege to enter or remain in that part of a building which is not open to the public. A person who enters or remains upon unimproved and apparently unused land, which is neither fenced nor otherwise enclosed in a manner designed to exclude intruders, does so with license and privilege unless notice against trespass is personally communicated to him by the owner of the land or some other authorized person, or unless notice is given by posting in a conspicuous manner. Land that is used for commercial aquaculture or for growing an agricultural crop or crops, other than timber, is not unimproved and apparently unused land if a crop or any other sign of cultivation is clearly visible or if notice is given by posting in a conspicuous manner. Similarly, a field fenced in any manner is not unimproved and apparently unused land. A license or privilege to enter or remain on improved and apparently used land that is open to the public at particular times, which is neither fenced nor otherwise enclosed in a manner to exclude intruders, is not a license or privilege to enter or remain on the land at other times if notice of prohibited times of entry is posted in a conspicuous manner;
     (4) "Data" means a representation of information, knowledge, facts, concepts, or instructions that are being prepared or have been prepared in a formalized manner and are intended for use in a computer;
     (5) "Computer program" means an ordered set of data representing coded instructions or statements that when executed by a computer cause the computer to process data;
     (6) "Access" means to approach, instruct, communicate with, store data in, retrieve data from, or otherwise make use of any resources of a computer, directly or by electronic means.


         Passed by the Senate February 17, 2004.
         Passed by the House March 4, 2004.
         Approved by the Governor March 22, 2004.
         Filed in Office of Secretary of State March 22, 2004.