SHB 2813 -
By Representative O'Brien
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 4.24.220 and 1967 c 76 s 3 are each amended to read
as follows:
In any civil action brought by reason of any person having been
detained on or in the immediate vicinity of the premises of a
mercantile establishment for the purpose of investigation or
questioning as to the ownership of any merchandise or shopping cart, it
shall be a defense of such action that the person was detained in a
reasonable manner and for not more than a reasonable time to permit
such investigation or questioning by a peace officer or by the owner of
the mercantile establishment, his authorized employee or agent, and
that such peace officer, owner, employee or agent had reasonable
grounds to believe that the person so detained was committing or
attempting to commit larceny or shoplifting on such premises of such
merchandise or a violation of RCW 9A.56.270. As used in this section,
"reasonable grounds" shall include, but not be limited to, knowledge
that a person has concealed possession of unpurchased merchandise of a
mercantile establishment, and a "reasonable time" shall mean the time
necessary to permit the person detained to make a statement or to
refuse to make a statement, and the time necessary to examine employees
and records of the mercantile establishment relative to the ownership
of the merchandise.
Sec. 2 RCW 4.24.230 and 1994 c 9 s 1 are each amended to read as
follows:
(1) An adult or emancipated minor who takes possession of any
goods, wares, or merchandise displayed or offered for sale by any
wholesale or retail store or other mercantile establishment without the
consent of the owner or seller, and with the intention of converting
such goods, wares, or merchandise to his own use without having paid
the purchase price thereof shall be liable in addition to actual
damages, for a penalty to the owner or seller in the amount of the
retail value thereof not to exceed one thousand dollars, plus an
additional penalty of not less than one hundred dollars nor more than
two hundred dollars, plus all reasonable attorney's fees and court
costs expended by the owner or seller. A customer who orders a meal in
a restaurant or other eating establishment, receives at least a portion
thereof, and then leaves without paying, is subject to liability under
this section. A person who shall receive any food, money, credit,
lodging, or accommodation at any hotel, motel, boarding house, or
lodging house, and then leaves without paying the proprietor, manager,
or authorized employee thereof, is subject to liability under this
section. A person who intentionally removes a shopping cart from the
parking area of a retail establishment without the permission of the
owner of the cart, is subject to liability under this section.
(2) The parent or legal guardian having the custody of an
unemancipated minor who takes possession of any goods, wares, or
merchandise displayed or offered for sale by any wholesale or retail
store or other mercantile establishment without the consent of the
owner or seller and with the intention of converting such goods, wares,
or merchandise to his own use without having paid the purchase price
thereof, shall be liable as a penalty to the owner or seller for the
retail value of such goods, wares, or merchandise not to exceed five
hundred dollars plus an additional penalty of not less than one hundred
dollars nor more than two hundred dollars, plus all reasonable
attorney's fees and court costs expended by the owner or seller. The
parent or legal guardian having the custody of an unemancipated minor,
who orders a meal in a restaurant or other eating establishment,
receives at least a portion thereof, and then leaves without paying, is
subject to liability under this section. The parent or legal guardian
having the custody of an unemancipated minor, who receives any food,
money, credit, lodging, or accommodation at any hotel, motel, boarding
house, or lodging house, and then leaves without paying the proprietor,
manager, or authorized employee thereof, is subject to liability under
this section. For the purposes of this subsection, liability shall not
be imposed upon any governmental entity, private agency, or foster
parent assigned responsibility for the minor child pursuant to court
order or action of the department of social and health services.
(3) Judgments and claims arising under this section may be
assigned.
(4) A conviction for violation of chapter 9A.56 RCW shall not be a
condition precedent to maintenance of a civil action authorized by this
section.
(5) An owner or seller demanding payment of a penalty under
subsection (1) or (2) of this section shall give written notice to the
person or persons from whom the penalty is sought. The notice shall
state:
"IMPORTANT NOTICE: The payment of any penalty demanded of you does
not prevent criminal prosecution under a related criminal provision."
This notice shall be boldly and conspicuously displayed, in at
least the same size type as is used in the demand, and shall be sent
with the demand for payment of a penalty described in subsection (1) or
(2) of this section.
Sec. 3 RCW 9A.56.270 and 1985 c 382 s 2 are each amended to read
as follows:
(1) It is unlawful to do any of the following acts, if a shopping
cart has a permanently affixed sign as provided in subsection (2) of
this section:
(a) To intentionally remove a shopping cart from the parking area
of a retail establishment ((with the intent to deprive the owner of the
shopping cart the use of the cart)) without the permission of the owner
of the shopping cart; or
(b) To be in possession of any shopping cart that has been removed
from the parking area of a retail establishment when such possession is
with the intent to deprive the owner of the shopping cart the use of
the cart.
(2) This section shall apply only when a shopping cart: (a) Has a
sign permanently affixed to it that identifies the owner of the cart or
the retailer, or both; (b) notifies the public of the procedure to be
utilized for authorized removal of the cart from the premises; (c)
notifies the public that the unauthorized removal of the cart from the
premises or parking area of the retail establishment, or the
unauthorized possession of the cart, is unlawful; and (d) lists a
telephone number or address for returning carts removed from the
premises or parking area to the owner or retailer.
(3) Any person who violates any provision of this section is guilty
of a misdemeanor.
NEW SECTION. Sec. 4 A new section is added to chapter 9A.56 RCW
to read as follows:
Any statute, ordinance, or rule enacted by a political subdivision
of the state dealing with shopping carts that have been removed from
the parking area of a retail establishment must meet the following
criteria:
(1) Impoundment of a shopping cart may be allowed only if the cart
is located off the premises of the retail establishment, and:
(a) The retail establishment has been given notice of the cart's
location and has not retrieved the cart within three business days of
the notice;
(b) The cart is in a location that is likely to impede emergency
services. If a cart in a location that is likely to impede emergency
services is impounded, the retail establishment must be given notice
that the cart has been impounded; or
(c) The cart does not meet the requirements of RCW 9A.56.270(2).
(2) A retail establishment whose cart has been impounded may be
charged a fee for impoundment costs not to exceed fifty dollars per
cart. If the cart was impounded under subsection (1)(b) of this
section, the fee may not be charged if the retail establishment
retrieves the cart within three business days of receiving notice that
the cart has been impounded.
(3) A retail establishment whose cart has been impounded may be
charged a storage fee not to exceed twenty-five dollars for each seven-day period that the cart remains unretrieved after receipt of the
impound notice, up to a maximum of one hundred dollars.
(4) An impounded cart may not be disposed of within at least thirty
days of impoundment. A retail establishment whose cart has been
disposed of may be charged a fee for disposal costs not to exceed fifty
dollars per cart.
(5) Any notice provided to a retail establishment under this
section must be documented.
(6) The notice requirements of this section may be satisfied
utilizing a statewide telephone number designated for that purpose."
Correct the title.