BILL REQ. #: S-4990.1
| State of Washington | 59th Legislature | 2006 Regular Session |
READ FIRST TIME 02/03/06.
AN ACT Relating to criminal trespass against children by sex offenders; reenacting and amending RCW 9.94A.515; adding new sections to chapter 9A.44 RCW; creating a new section; prescribing penalties; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 It is the intent of the legislature to give
public and private entities that provide services to children the tools
necessary to prevent convicted child sex offenders from contacting
children when those children are within the legal boundaries of the
covered public and private entities.
NEW SECTION. Sec. 2 A new section is added to chapter 9A.44 RCW
to read as follows:
As used in this section and sections 3 and 4 of this act:
(1) "Covered entity" means any public facility or private facility
whose primary purpose, at any time, is to provide for the education,
care, or recreation of a child or children, including but not limited
to community and recreational centers, playgrounds, schools, swimming
pools, and state or municipal parks.
(2) "Child" means a person under the age of eighteen, unless the
context clearly indicates that the term is otherwise defined in
statute.
(3) "Public facility" means a facility operated by a unit of local
or state government, or by a nonprofit organization.
(4) "Schools" means public and private schools, but does not
include home-based instruction as defined in RCW 28A.225.010.
(5) "Covered offender" means a person who is eighteen years of age
or older, who is not under the jurisdiction of the juvenile
rehabilitation authority or currently serving a special sex offender
disposition alternative, whose risk level classification has been
assessed at a risk level II or a risk level III pursuant to RCW
72.09.345, and who, at any time, has been convicted of one or more of
the following offenses:
(a) Rape of a child in the first, second, and third degree; child
molestation in the first, second, and third degree; indecent liberties
against a child under age fourteen; sexual misconduct with a minor in
the first and second degree; incest in the first and second degree;
luring with sexual motivation; possession of depictions of minors
engaged in sexually explicit conduct; dealing in depictions of minors
engaged in sexually explicit conduct; bringing into the state
depictions of minors engaged in sexually explicit conduct; sexual
exploitation of a minor; communicating with a minor for immoral
purposes; patronizing a juvenile prostitute;
(b) Indecent liberties against a child under age fifteen; statutory
rape in the first and second degree; carnal knowledge;
(c) Any felony offense for which:
(i) There was a finding that the offense was committed with sexual
motivation; and
(ii) The victim of the offense was less than sixteen years of age
at the time of the offense;
(d) An attempt, conspiracy, or solicitation to commit any of the
offenses listed in (a) through (c) of this subsection;
(e) Any conviction from any other jurisdiction which is comparable
to any of the offenses listed in (a) through (d) of this subsection.
NEW SECTION. Sec. 3 A new section is added to chapter 9A.44 RCW
to read as follows:
(1) An owner, employee, or agent of a covered entity may order a
covered offender from the legal premises of a covered entity as
provided under this section. To do this, the owner, employee, or agent
of a covered entity must first personally serve on the covered offender
a written notice that informs the covered offender that:
(a) The covered offender must leave the legal premises of the
covered entity and may not return without the written permission of the
covered entity; and
(b) If the covered offender refuses to leave the legal boundaries
of the covered entity, or thereafter returns and enters within the
legal boundaries of the covered entity, the offender may be charged and
prosecuted for a felony offense as provided in section 4 of this act.
(2) An owner, employee, or agent of a covered entity shall be
immune from civil liability for damages arising from ejecting covered
offenders from a covered entity.
NEW SECTION. Sec. 4 A new section is added to chapter 9A.44 RCW
to read as follows:
(1) A person is guilty of the crime of criminal trespass against
children if he or she:
(a) Is a covered offender as defined in section 2 of this act;
(b) Receives written notice that complies with the requirements of
section 3 of this act that he or she is not permitted to remain upon or
reenter the legal boundaries of the covered entity; and
(c) Remains upon or reenters the legal boundaries of the covered
entity without the written permission of the covered entity.
(2) Criminal trespass against children is a class C felony.
Sec. 5 RCW 9.94A.515 and 2005 c 458 s 2 and 2005 c 183 s 9 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 | ||
NEW SECTION. Sec. 6 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 7 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
immediately.