| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Public Safety & Emergency Preparedness Committee | |
HB 2728
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.
Brief Description: Requiring sex offender registration for misdemeanor and gross misdemeanor-level indecent exposure when there has been a finding of sexual motivation.
Sponsors: Representatives Eddy, McDonald, Ericks, Warnick, Liias, Walsh, Schindler, Loomis, Hurst, Morrell, Kenney, Williams, Simpson, VanDeWege, O'Brien and Kelley.
Brief Summary of Bill |
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Hearing Date: 1/24/08
Staff: Jim Morishima (786-7191).
Background:
I. Indecent Exposure
A person commits Indecent Exposure if he or she intentionally makes any open and obscene
exposure of his or her person, or the person of another, knowing that the conduct is likely to
cause reasonable affront or alarm. Indecent exposure is:
II. Sex Offender Registration
Under the Community Protection Act of 1990, a person convicted of a sex offense must register
with the county sheriff of the county in which he or she resides. The offender must provide a
variety of information upon registration including name, completer residential address, date and
place of birth, place of employment, crime of conviction, date and place of conviction, aliases,
Social Security number, photograph, and fingerprints.
Sex offenses that trigger an offender's duty to register include any felony committed with sexual
motivation, including felony-level Indecent Exposure with sexual motivation. The determination
of whether an offense is committed with sexual motivation is made by special allegation, which
is filed by the prosecuting attorney. Once the special allegation has been made, the prosecutor
has the burden of proving that the offense was committed with sexual motivation beyond a
reasonable doubt to a jury (or to a judge if a jury is waived). The prosecutor may not withdraw
the special allegation without the permission of the court.
Summary of Bill:
A person convicted of misdemeanor or gross misdemeanor-level Indecent Exposure with sexual
motivation must register as a sex offender. The determination of whether an offense is
committed with sexual motivation is made by special allegation, which is filed by the
prosecuting attorney. Once the special allegation has been made, the prosecutor has the burden
of proving that the offense was committed with sexual motivation beyond a reasonable doubt to
a jury (or to a judge if a jury is waived). The prosecutor may not withdraw the special allegation
without the permission of the court.
Appropriation: None.
Fiscal Note: Requested on January 16, 2008.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.