6775-SAMHCJCH5379.1SSB 6775H COMM AMDBy Committee on Criminal Justice & CorrectionsADOPTED 03/03/2006 Strike everything after the enacting clause and insert thefollowing:NEW SECTION.Sec. It is the intent of the legislature to givepublic and private entities that provide services to children the toolsnecessary to prevent convicted child sex offenders from contactingchildren when those children are within the legal boundaries of thecovered public and private entities.NEW SECTION.Sec. A new section is added to chapter 9A.44 RCWto 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 facilitywhose primary purpose, at any time, is to provide for the education,care, or recreation of a child or children, including but not limitedto community and recreational centers, playgrounds, schools, swimmingpools, and state or municipal parks. (2) "Child" means a person under the age of eighteen, unless thecontext clearly indicates that the term is otherwise defined instatute. (3) "Public facility" means a facility operated by a unit of localor state government, or by a nonprofit organization. (4) "Schools" means public and private schools, but does notinclude home-based instruction as defined in RCW 28A.225.010. (5) "Covered offender" means a person who is eighteen years of ageor older, who is not under the jurisdiction of the juvenilerehabilitation authority or currently serving a special sex offenderdisposition alternative, whose risk level classification has beenassessed at a risk level II or a risk level III pursuant to RCW72.09.345, and who, at any time, has been convicted of one or more ofthe following offenses: Official Print - 1 (a) Rape of a child in the first, second, and third degree; childmolestation in the first, second, and third degree; indecent libertiesagainst a child under age fifteen; sexual misconduct with a minor inthe first and second degree; incest in the first and second degree;luring with sexual motivation; possession of depictions of minorsengaged in sexually explicit conduct; dealing in depictions of minorsengaged in sexually explicit conduct; bringing into the statedepictions of minors engaged in sexually explicit conduct; sexualexploitation of a minor; communicating with a minor for immoralpurposes; patronizing a juvenile prostitute; (b) Any felony in effect at any time prior to the effective date ofthis act that is comparable to an offense listed in (a) of thissubsection, including, but not limited to, statutory rape in the firstand second degrees and carnal knowledge; (c) Any felony offense for which: (i) There was a finding that the offense was committed with sexualmotivation; and (ii) The victim of the offense was less than sixteen years of ageat the time of the offense; (d) An attempt, conspiracy, or solicitation to commit any of theoffenses listed in (a) through (c) of this subsection; (e) Any conviction from any other jurisdiction which is comparableto any of the offenses listed in (a) through (d) of this subsection.NEW SECTION.Sec. A new section is added to chapter 9A.44 RCWto read as follows: (1) An owner, employee, or agent of a covered entity may order acovered offender from the legal premises of a covered entity asprovided under this section. To do this, the owner, employee, or agentof a covered entity must first personally serve on the covered offendera written notice that informs the covered offender that: (a) The covered offender must leave the legal premises of thecovered entity and may not return without the written permission of thecovered entity; and (b) If the covered offender refuses to leave the legal boundariesof the covered entity, or thereafter returns and enters within thelegal boundaries of the covered entity, the offender may be charged andprosecuted for a felony offense as provided in section 4 of this act. Official Print - 2 (2) An owner, employee, or agent of a covered entity shall beimmune from civil liability for damages arising from ejecting a coveredoffender from a covered entity or from failing to eject a coveredoffender from a covered entity.NEW SECTION.Sec. A new section is added to chapter 9A.44 RCWto read as follows: (1) A person is guilty of the crime of criminal trespass againstchildren 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 ofsection 3 of this act that he or she is not permitted to remain upon orreenter the legal boundaries of the covered entity; and (c) Remains upon or reenters the legal boundaries of the coveredentity without the written permission of the covered entity. (2) Criminal trespass against children is a class C felony.Sec. RCW 9.94A.515 and 2005 c 458 s 2 and 2005 c 183 s 9 areeach reenacted and amended to read as follows:TABLE 2
CRIMES INCLUDED WITHINEACH SERIOUSNESS LEVEL
XVIAggravated Murder 1 (RCW 10.95.020)
XVHomicide by abuse (RCW 9A.32.055)
Malicious explosion 1 (RCW 70.74.280(1))
Murder 1 (RCW 9A.32.030)
XIVMurder 2 (RCW 9A.32.050)
Trafficking 1 (RCW 9A.40.100(1))
XIIIMalicious explosion 2 (RCW 70.74.280(2))
Malicious placement of an explosive 1 (RCW 70.74.270(1))
XIIAssault 1 (RCW 9A.36.011)
Assault of a Child 1 (RCW 9A.36.120)
Official Print - 3 Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a))
Rape 1 (RCW 9A.44.040)
Rape of a Child 1 (RCW 9A.44.073)
Trafficking 2 (RCW 9A.40.100(2))
XIManslaughter 1 (RCW 9A.32.060)
Rape 2 (RCW 9A.44.050)
Rape of a Child 2 (RCW 9A.44.076)
XChild Molestation 1 (RCW 9A.44.083)
Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a))
Kidnapping 1 (RCW 9A.40.020)
Leading Organized Crime (RCW 9A.82.060(1)(a))
Malicious explosion 3 (RCW 70.74.280(3))
Sexually Violent Predator Escape (RCW 9A.76.115)
IXAssault of a Child 2 (RCW 9A.36.130)
Explosive devices prohibited (RCW 70.74.180)
Hit and RunDeath (RCW 46.52.020(4)(a))
Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 79A.60.050)
Inciting Criminal Profiteering (RCW 9A.82.060(1)(b))
Malicious placement of an explosive 2 (RCW 70.74.270(2))
Robbery 1 (RCW 9A.56.200)
Sexual Exploitation (RCW 9.68A.040)
Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520)
Official Print - 4 VIIIArson 1 (RCW 9A.48.020)
Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050)
Manslaughter 2 (RCW 9A.32.070)
Promoting Prostitution 1 (RCW 9A.88.070)
Theft of Ammonia (RCW 69.55.010)
Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520)
VIIBurglary 1 (RCW 9A.52.020)
Child Molestation 2 (RCW 9A.44.086)
Civil Disorder Training (RCW 9A.48.120)
Dealing in depictions of minor engaged in sexually explicit conduct (RCW 9.68A.050)
Driveby Shooting (RCW 9A.36.045)
Homicide by Watercraft, by disregard for the safety of others (RCW 79A.60.050)
Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c))
Introducing Contraband 1 (RCW 9A.76.140)
Malicious placement of an explosive 3 (RCW 70.74.270(3))
Negligently Causing Death By Use of a Signal Preemption Device (RCW 46.37.675)
Sending, bringing into state depictions of minor engaged in sexually explicit conduct (RCW 9.68A.060)
Official Print - 5 Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1))
Use of a Machine Gun in Commission of a Felony (RCW 9.41.225)
Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520)
VIBail Jumping with Murder 1 (RCW 9A.76.170(3)(a))
Bribery (RCW 9A.68.010)
Incest 1 (RCW 9A.64.020(1))
Intimidating a Judge (RCW 9A.72.160)
Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)
Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b))
Rape of a Child 3 (RCW 9A.44.079)
Theft of a Firearm (RCW 9A.56.300)
Unlawful Storage of Ammonia (RCW 69.55.020)
VAbandonment of dependent person 1 (RCW 9A.42.060)
Advancing money or property for extortionate extension of credit (RCW 9A.82.030)
Bail Jumping with class A Felony (RCW 9A.76.170(3)(b))
Child Molestation 3 (RCW 9A.44.089)
Criminal Mistreatment 1 (RCW 9A.42.020)
Custodial Sexual Misconduct 1 (RCW 9A.44.160)
Official Print - 6 Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145)
Extortion 1 (RCW 9A.56.120)
Extortionate Extension of Credit (RCW 9A.82.020)
Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040)
Incest 2 (RCW 9A.64.020(2))
Kidnapping 2 (RCW 9A.40.030)
Perjury 1 (RCW 9A.72.020)
Persistent prison misbehavior (RCW 9.94.070)
Possession of a Stolen Firearm (RCW 9A.56.310)
Rape 3 (RCW 9A.44.060)
Rendering Criminal Assistance 1 (RCW 9A.76.070)
Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
Sexually Violating Human Remains (RCW 9A.44.105)
Stalking (RCW 9A.46.110)
Taking Motor Vehicle Without Permission 1 (RCW 9A.56.070)
IVArson 2 (RCW 9A.48.030)
Assault 2 (RCW 9A.36.021)
Assault 3 (of a Peace Officer with a Projectile Stun Gun) (RCW 9A.36.031(1)(h))
Assault by Watercraft (RCW 79A.60.060)
Official Print - 7 Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100)
Cheating 1 (RCW 9.46.1961)
Commercial Bribery (RCW 9A.68.060)
Counterfeiting (RCW 9.16.035(4))
Criminal Trespass Against Children (second or subsequent offense) (section 4 of this act)
Endangerment with a Controlled Substance (RCW 9A.42.100)
Escape 1 (RCW 9A.76.110)
Hit and RunInjury (RCW 46.52.020(4)(b))
Hit and Run with VesselInjury Accident (RCW 79A.60.200(3))
Identity Theft 1 (RCW 9.35.020(2))
Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010)
Influencing Outcome of Sporting Event (RCW 9A.82.070)
Malicious Harassment (RCW 9A.36.080)
Residential Burglary (RCW 9A.52.025)
Robbery 2 (RCW 9A.56.210)
Theft of Livestock 1 (RCW 9A.56.080)
Threats to Bomb (RCW 9.61.160)
Trafficking in Stolen Property 1 (RCW 9A.82.050)
Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(b))
Official Print - 8 Unlawful transaction of health coverage as a health care service contractor (RCW 48.44.016(3))
Unlawful transaction of health coverage as a health maintenance organization (RCW 48.46.033(3))
Unlawful transaction of insurance business (RCW 48.15.023(3))
Unlicensed practice as an insurance professional (RCW 48.17.063(3))
Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2))
Vehicular Assault, by being under the influence of intoxicating liquor or any drug, or by the operation or driving of a vehicle in a reckless manner (RCW 46.61.522)
Willful Failure to Return from Furlough (RCW 72.66.060)
IIIAbandonment of dependent person 2 (RCW 9A.42.070)
Assault 3 (Except Assault 3 of a Peace Officer With a Projectile Stun Gun) (RCW 9A.36.031 except subsection (1)(h))
Assault of a Child 3 (RCW 9A.36.140)
Bail Jumping with class B or C Felony (RCW 9A.76.170(3)(c))
Burglary 2 (RCW 9A.52.030)
Communication with a Minor for Immoral Purposes (RCW 9.68A.090)
Criminal Gang Intimidation (RCW 9A.46.120)
Criminal Mistreatment 2 (RCW 9A.42.030)
Official Print - 9 Custodial Assault (RCW 9A.36.100)
Cyberstalking (subsequent conviction or threat of death) (RCW 9.61.260(3))
Escape 2 (RCW 9A.76.120)
Extortion 2 (RCW 9A.56.130)
Harassment (RCW 9A.46.020)
Intimidating a Public Servant (RCW 9A.76.180)
Introducing Contraband 2 (RCW 9A.76.150)
Malicious Injury to Railroad Property (RCW 81.60.070)
Negligently Causing Substantial Bodily Harm By Use of a Signal Preemption Device (RCW 46.37.674)
Patronizing a Juvenile Prostitute (RCW 9.68A.100)
Perjury 2 (RCW 9A.72.030)
Possession of Incendiary Device (RCW 9.40.120)
Possession of Machine Gun or ShortBarreled Shotgun or Rifle (RCW 9.41.190)
Promoting Prostitution 2 (RCW 9A.88.080)
Securities Act violation (RCW 21.20.400)
Tampering with a Witness (RCW 9A.72.120)
Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230(2))
Theft of Livestock 2 (RCW 9A.56.083)
Trafficking in Stolen Property 2 (RCW 9A.82.055)
Official Print - 10 Unlawful Imprisonment (RCW 9A.40.040)
Unlawful possession of firearm in the second degree (RCW 9.41.040(2))
Vehicular Assault, by the operation or driving of a vehicle with disregard for the safety of others (RCW 46.61.522)
Willful Failure to Return from Work Release (RCW 72.65.070)
IIComputer Trespass 1 (RCW 9A.52.110)
Counterfeiting (RCW 9.16.035(3))
Escape from Community Custody (RCW 72.09.310)
Health Care False Claims (RCW 48.80.030)
Identity Theft 2 (RCW 9.35.020(3))
Improperly Obtaining Financial Information (RCW 9.35.010)
Malicious Mischief 1 (RCW 9A.48.070)
Possession of Stolen Property 1 (RCW 9A.56.150)
Theft 1 (RCW 9A.56.030)
Theft of Rental, Leased, or Leasepurchased Property (valued at one thousand five hundred dollars or more) (RCW 9A.56.096(5)(a))
Trafficking in Insurance Claims (RCW 48.30A.015)
Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(a))
Unlawful Practice of Law (RCW 2.48.180)
Official Print - 11 Unlicensed Practice of a Profession or Business (RCW 18.130.190(7))
IAttempting to Elude a Pursuing Police Vehicle (RCW 46.61.024)
False Verification for Welfare (RCW 74.08.055)
Forgery (RCW 9A.60.020)
Fraudulent Creation or Revocation of a Mental Health Advance Directive (RCW 9A.60.060)
Malicious Mischief 2 (RCW 9A.48.080)
Mineral Trespass (RCW 78.44.330)
Possession of Stolen Property 2 (RCW 9A.56.160)
Reckless Burning 1 (RCW 9A.48.040)
Taking Motor Vehicle Without Permission 2 (RCW 9A.56.075)
Theft 2 (RCW 9A.56.040)
Theft of Rental, Leased, or Leasepurchased Property (valued at two hundred fifty dollars or more but less than one thousand five hundred dollars) (RCW 9A.56.096(5)(b))
Transaction of insurance business beyond the scope of licensure (RCW 48.17.063(4))
Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)
Unlawful Possession of Fictitious Identification (RCW 9A.56.320)
Unlawful Possession of Instruments of Financial Fraud (RCW 9A.56.320)
Unlawful Possession of Payment Instruments (RCW 9A.56.320)
Official Print - 12 Unlawful Possession of a Personal Identification Device (RCW 9A.56.320)
Unlawful Production of Payment Instruments (RCW 9A.56.320)
Unlawful Trafficking in Food Stamps (RCW 9.91.142)
Unlawful Use of Food Stamps (RCW 9.91.144)
Vehicle Prowl 1 (RCW 9A.52.095)
NEW SECTION.Sec. If any provision of this act or itsapplication to any person or circumstance is held invalid, theremainder of the act or the application of the provision to otherpersons or circumstances is not affected.NEW SECTION.Sec. This act is necessary for the immediatepreservation of the public peace, health, or safety, or support of thestate government and its existing public institutions, and takes effectimmediately. Correct the title.Includes in the definition of "covered offender" a levelII or III adult offender, who is not under the jurisdiction of DSHS orserving an SSODA, who has been convicted of: (1) Indecent libertiesagainst a child under fifteen (the bill currently refers to bothindecent liberties against a child under fourteen and indecentliberties against a child under fifteen) and (2) any felony in effectat any time prior to the effective date of the act that is comparableto one of the offenses listed in the act, including, but not limitedto, statutory rape in the first and second degrees and carnalknowledge. Expands the immunity from civil liability to cover damagesarising from failing to eject a covered offender from a covered entity.--- END --- Official Print - 13