BILL REQ. #: H-3104.2
State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/11/12. Referred to Committee on Judiciary.
AN ACT Relating to addressing civil liability of parents and legal guardians concerning minors who take possession of goods without consent of the owner or seller; and amending RCW 4.24.230.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 4.24.230 and 2009 c 431 s 3 are each amended to read
as follows:
(1) An adult or emancipated minor who takes possession of any
goods, wares, or merchandise displayed or offered for sale by any
wholesale or retail store or other mercantile establishment without the
consent of the owner or seller, and with the intention of converting
such goods, wares, or merchandise to his or her own use without having
paid the purchase price thereof is liable in addition to actual
damages, for a penalty to the owner or seller in the amount of the
retail value thereof not to exceed two thousand eight hundred fifty
dollars, plus an additional penalty of not less than one hundred
dollars nor more than six hundred fifty dollars, plus all reasonable
((attorney's)) attorneys' fees and court costs expended by the owner or
seller. A customer who orders a meal in a restaurant or other eating
establishment, receives at least a portion thereof, and then leaves
without paying, is subject to liability under this section. A person
who shall receive any food, money, credit, lodging, or accommodation at
any hotel, motel, boarding house, or lodging house, and then leaves
without paying the proprietor, manager, or authorized employee thereof,
is subject to liability under this section.
(2) The parent or legal guardian having the custody of an
unemancipated minor who takes possession of any goods, wares, or
merchandise displayed or offered for sale by any wholesale or retail
store or other mercantile establishment without the consent of the
owner or seller and with the intention of converting such goods, wares,
or merchandise to his or her own use without having paid the purchase
price thereof, is liable as a penalty to the owner or seller for the
retail value of such goods, wares, or merchandise not to exceed one
thousand four hundred twenty-five dollars plus an additional penalty of
((not less than one hundred dollars nor more than)) up to six hundred
fifty dollars or twenty-five times the retail value of the goods,
wares, or merchandise, whichever amount is less, plus all reasonable
((attorney's)) attorneys' fees and court costs expended by the owner or
seller. The parent or legal guardian having the custody of an
unemancipated minor, who orders a meal in a restaurant or other eating
establishment, receives at least a portion thereof, and then leaves
without paying, is subject to liability under this section. The parent
or legal guardian having the custody of an unemancipated minor, who
receives any food, money, credit, lodging, or accommodation at any
hotel, motel, boarding house, or lodging house, and then leaves without
paying the proprietor, manager, or authorized employee thereof, is
subject to liability under this section. For the purposes of this
subsection, liability shall not be imposed upon any governmental
entity, private agency, or foster parent assigned responsibility for
the minor child pursuant to court order or action of the department of
social and health services.
(3) Judgments and claims arising under this section may be
assigned.
(4) A conviction for violation of chapter 9A.56 RCW shall not be a
condition precedent to maintenance of a civil action authorized by this
section.
(5) An owner or seller demanding payment of a penalty under
subsection (1) or (2) of this section shall give written notice to the
person or persons from whom the penalty is sought. The notice shall
state:
"IMPORTANT NOTICE: The payment of any penalty demanded of you does
not prevent criminal prosecution under a related criminal provision."
This notice shall be boldly and conspicuously displayed, in at
least the same size type as is used in the demand, and shall be sent
with the demand for payment of a penalty described in subsection (1) or
(2) of this section.