FINAL BILL REPORT

SSB 6293

C 255 L 10

Synopsis as Enacted

Brief Description: Changing provisions relating to rendering criminal assistance in the first degree.

Sponsors: Senate Committee on Judiciary (originally sponsored by Senators Brandland and Carrell).

Senate Committee on Judiciary

House Committee on Public Safety & Emergency Preparedness

House Committee on General Government Appropriations

Background: A person commits the offense of rendering criminal assistance in the first degree when that person provides criminal assistance to a person who has committed or is being sought for murder in the first degree, any Class A felony, or an equivalent juvenile offense. The criminal assistance must be done with intent to prevent or delay the apprehension or prosecution of a person who that person knows has committed, or is being sought for the commission of a crime or juvenile offense. Rendering criminal assistance in the first degree is a Class C felony and it is ranked at seriousness level V.

The term criminal assistance is defined as doing any of the following acts, directed at a person who the provider of the assistance knows has committed or is being sought for commission of a crime or juvenile offense: (1) harboring or concealing such a person; (2) warning the person of impending discovery or apprehension; (3) providing money, transportation, disguise, or other means of avoiding discovery or apprehension; (4) preventing or obstructing, by use of force, deception, or threat, anyone from performing an act that might aid in discovery or apprehension; (5) concealing or destroying physical evidence that might aid in the apprehension; or (6) providing a weapon to the person.

If the criminal assistance is established by a preponderance of the evidence to have been provided by a relative and it does not fall into the behaviors described above in (4), (5), or (6) then it is a gross misdemeanor. A relative is defined as a person who is related as husband or wife, brother or sister, parent or grandparent, child or grandchild, step-child or step-parent to the person to whom the criminal assistance is rendered.

Summary: A person is guilty of rendering criminal assistance in the first degree, a Class B felony, if he or she renders criminal assistance to a person who has committed or is being sought for murder in the first degree or any Class A felony or equivalent juvenile offense. If it is established by a preponderance of evidence that the person rendering the criminal assistance is a relative under the age of 18 years, the offense is a gross misdemeanor.

Votes on Final Passage: