BILL REQ. #:  H-0212.1 

Read first time 02/09/09.   Referred to Committee on Public Safety & Emergency Preparedness.

     AN ACT Relating to notice of the incarcerated status of a convicted felon in any solicitation posted on the internet by or on behalf of the incarcerated felon; adding a new chapter to Title 9 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that solicitation on the internet by or on behalf of a convicted felon who is incarcerated regarding donations of money, the sale of any good, or the seeking of inmate pen pals may expose unsuspecting persons to the risk of potential harm and may induce them to take actions resulting in actual harm or loss to their person or property. The legislature intends to protect the health, safety, and welfare of the public by requiring notice of the incarcerated status of a convicted felon in any solicitation posted on the internet by or on behalf of the incarcerated felon.

NEW SECTION.  Sec. 2   (1) Any solicitation posted, with or without the knowledge or direction of the incarcerated person, on the internet by or on behalf of a convicted felon who is incarcerated regarding any donation of money or other thing of value to or for the benefit of him or her, the sale of any good or service provided by or for the benefit of him or her, or the seeking of any pen pal or other correspondence partner for him or her must include notice of the incarcerated status of the felon.
     (2) The notice must contain, at a minimum, the incarcerated person's name under which he or she was convicted and the name being used by or on behalf of him or her for purposes of the solicitation, the crimes for which he or she was convicted and incarcerated, the full term for which he or she was sentenced, and the earliest date at which he or she may be released.
     (3) The notice must be in a font that is in boldface and is larger than the text of the solicitation, include the phrase "WARNING: INCARCERATED FELON OFFENDER," be set off by means of a box, blank space, or comparable visual device, and be located directly above the solicitation.

NEW SECTION.  Sec. 3   Before any law enforcement officer may cite or arrest a person for a violation of section 2 of this act, the officer must warn the person that his or her conduct is in violation of this chapter, provide the person a copy of this chapter, and warn the person that a second violation will result in the imposition of civil or criminal sanctions.

NEW SECTION.  Sec. 4   (1) A violation of section 2 of this act is a class 2 civil infraction under RCW 7.80.120 (a maximum monetary penalty of one hundred twenty-five dollars, not including statutory assessments).
     (2) A second violation of section 2 of this act is a class 1 civil infraction under RCW 7.80.120 (a maximum monetary penalty of two hundred twenty-five dollars, not including statutory assessments).
     (3) A person who commits a third violation of section 2 of this act is guilty of a misdemeanor (a fine of not more than one thousand dollars, or by imprisonment in a county jail for not more than ninety days, or by both such fine and imprisonment).
     (4) A person who commits a fourth or subsequent violation of section 2 of this act is guilty of a gross misdemeanor (a fine of not more than five thousand dollars, or by imprisonment in a county jail for not more than one year, or by both such fine and imprisonment).

NEW SECTION.  Sec. 5   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. 6   Sections 1 through 5 of this act constitute a new chapter in Title 9 RCW.