HOUSE BILL REPORT
HB 2565


This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Passed House:
February 13, 2008

Title: An act relating to including defendants who are persons specifically authorized to assist and act at the direction of law enforcement officers for the purpose of affirmative defenses.

Brief Description: Including defendants who are persons specifically authorized to assist and act at the direction of law enforcement officers for the purpose of affirmative defenses.

Sponsors: By Representatives O'Brien and Pearson; by request of Attorney General.

Brief History:

Public Safety & Emergency Preparedness: 1/24/08, 1/28/08 [DP].

Floor Activity:

Passed House: 2/13/08, 96-0.

Brief Summary of Bill
  • Creates, for certain child pornography-related offenses, an affirmative defense that the defendant was authorized in writing to assist a law enforcement officer.


HOUSE COMMITTEE ON PUBLIC SAFETY & EMERGENCY PREPAREDNESS

Majority Report: Do pass. Signed by 6 members: Representatives O'Brien, Chair; Hurst, Vice Chair; Pearson, Ranking Minority Member; Ross, Assistant Ranking Minority Member; Ahern and Goodman.

Staff: Jim Morishima (786-7191).

Background:

There are several offenses relating to selling and possessing depictions of a minor engaged in sexually explicit conduct:

In a prosecution for Dealing in Depictions of a Minor Engaged in Sexually Explicit Conduct, Sending or Bringing Into the State Depictions of a Minor Engaged in Sexually Explicit Conduct, or Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct, it is an affirmative defense that the defendant was a law enforcement officer in the process of conducting an official investigation of a sex-related crime against a minor.


Summary of Bill:

In a prosecution for Dealing in Depictions of a Minor Engaged in Sexually Explicit Conduct, Sending or Bringing Into the State Depictions of a Minor Engaged in Sexually Explicit Conduct, or Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct, it is an affirmative defense that the defendant was a person specifically authorized, in writing, to assist a law enforcement officer and acting at the direction of a law enforcement officer in the process of conducting an official investigation of a sex-related crime against a minor.


Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony:

(In support) This bill is a result of the Attorney General's task force on youth Internet safety. This bill will give law enforcement an additional tool to protect kids from sexual deviancy.

(Opposed) None.

Persons Testifying: Hunter Goodman, Office of the Attorney General.

Persons Signed In To Testify But Not Testifying: None.