Passed by the House March 3, 2011 Yeas 98   ________________________________________ Speaker of the House of Representatives Passed by the Senate April 4, 2011 Yeas 48   ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1206 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/23/11.
AN ACT Relating to harassment against criminal justice participants; amending RCW 9A.46.020; reenacting and amending RCW 40.24.030; adding a new section to chapter 9.94A RCW; prescribing penalties; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 9A.46.020 and 2003 c 53 s 69 are each amended to read
as follows:
(1) A person is guilty of harassment if:
(a) Without lawful authority, the person knowingly threatens:
(i) To cause bodily injury immediately or in the future to the
person threatened or to any other person; or
(ii) To cause physical damage to the property of a person other
than the actor; or
(iii) To subject the person threatened or any other person to
physical confinement or restraint; or
(iv) Maliciously to do any other act which is intended to
substantially harm the person threatened or another with respect to his
or her physical or mental health or safety; and
(b) The person by words or conduct places the person threatened in
reasonable fear that the threat will be carried out. "Words or
conduct" includes, in addition to any other form of communication or
conduct, the sending of an electronic communication.
(2)(a) Except as provided in (b) of this subsection, a person who
harasses another is guilty of a gross misdemeanor.
(b) A person who harasses another is guilty of a class C felony if
((either)) any of the following ((applies)) apply: (i) The person has
previously been convicted in this or any other state of any crime of
harassment, as defined in RCW 9A.46.060, of the same victim or members
of the victim's family or household or any person specifically named in
a no-contact or no-harassment order; ((or)) (ii) the person harasses
another person under subsection (1)(a)(i) of this section by
threatening to kill the person threatened or any other person; (iii)
the person harasses a criminal justice participant who is performing
his or her official duties at the time the threat is made; or (iv) the
person harasses a criminal justice participant because of an action
taken or decision made by the criminal justice participant during the
performance of his or her official duties. For the purposes of
(b)(iii) and (iv) of this subsection, the fear from the threat must be
a fear that a reasonable criminal justice participant would have under
all the circumstances. Threatening words do not constitute harassment
if it is apparent to the criminal justice participant that the person
does not have the present and future ability to carry out the threat.
(3) Any criminal justice participant who is a target for threats or
harassment prohibited under subsection (2)(b)(iii) or (iv) of this
section, and any family members residing with him or her, shall be
eligible for the address confidentiality program created under RCW
40.24.030.
(4) For purposes of this section, a criminal justice participant
includes any (a) federal, state, or local law enforcement agency
employee; (b) federal, state, or local prosecuting attorney or deputy
prosecuting attorney; (c) staff member of any adult corrections
institution or local adult detention facility; (d) staff member of any
juvenile corrections institution or local juvenile detention facility;
(e) community corrections officer, probation, or parole officer; (f)
member of the indeterminate sentence review board; (g) advocate from a
crime victim/witness program; or (h) defense attorney.
(5) The penalties provided in this section for harassment do not
preclude the victim from seeking any other remedy otherwise available
under law.
Sec. 2 RCW 40.24.030 and 2008 c 312 s 3 and 2008 c 18 s 2 are
each reenacted and amended to read as follows:
(1)(a) An adult person, a parent or guardian acting on behalf of a
minor, or a guardian acting on behalf of an incapacitated person, as
defined in RCW 11.88.010, and (b) any criminal justice participant as
defined in RCW 9A.46.020 who is a target for threats or harassment
prohibited under RCW 9A.46.020(2)(b) (iii) or (iv), and any family
members residing with him or her, may apply to the secretary of state
to have an address designated by the secretary of state serve as the
person's address or the address of the minor or incapacitated person.
The secretary of state shall approve an application if it is filed in
the manner and on the form prescribed by the secretary of state and if
it contains:
(((a))) (i) A sworn statement, under penalty of perjury, by the
applicant that the applicant has good reason to believe (((i))) (A)
that the applicant, or the minor or incapacitated person on whose
behalf the application is made, is a victim of domestic violence,
sexual assault, trafficking, or stalking((;)) and (((ii))) that the
applicant fears for his or her safety or his or her children's safety,
or the safety of the minor or incapacitated person on whose behalf the
application is made; or (B) that the applicant, as a criminal justice
participant as defined in RCW 9A.46.020, is a target for threats or
harassment prohibited under RCW 9A.46.020(2)(b) (iii) or (iv);
(((b))) (ii) If applicable, a sworn statement, under penalty of
perjury, by the applicant, that the applicant has reason to believe
they are a victim of (A) domestic violence, sexual assault, or stalking
perpetrated by an employee of a law enforcement agency, or (B) threats
or harassment prohibited under RCW 9A.46.020(2)(b) (iii) or (iv);
(((c))) (iii) A designation of the secretary of state as agent for
purposes of service of process and for the purpose of receipt of mail;
(((d))) (iv) The residential address and any telephone number where
the applicant can be contacted by the secretary of state, which shall
not be disclosed because disclosure will increase the risk of (A)
domestic violence, sexual assault, trafficking, or stalking, or (B)
threats or harassment prohibited under RCW 9A.46.020(2)(b) (iii) or
(iv);
(((e))) (v) The signature of the applicant and of any individual or
representative of any office designated in writing under RCW 40.24.080
who assisted in the preparation of the application, and the date on
which the applicant signed the application.
(2) Applications shall be filed with the office of the secretary of
state.
(3) Upon filing a properly completed application, the secretary of
state shall certify the applicant as a program participant. Applicants
shall be certified for four years following the date of filing unless
the certification is withdrawn or invalidated before that date. The
secretary of state shall by rule establish a renewal procedure.
(4) A person who knowingly provides false or incorrect information
upon making an application or falsely attests in an application that
disclosure of the applicant's address would endanger (a) the
applicant's safety or the safety of the applicant's children or the
minor or incapacitated person on whose behalf the application is made,
or ((who knowingly provides false or incorrect information upon making
an application)) (b) the safety of any criminal justice participant as
defined in RCW 9A.46.020 who is a target for threats or harassment
prohibited under RCW 9A.46.020(2)(b) (iii) or (iv), or any family
members residing with him or her, shall be ((punishable)) punished
under RCW 40.16.030 or other applicable statutes.
NEW SECTION. Sec. 3 A new section is added to chapter 9.94A RCW
to read as follows:
The sentencing guidelines commission shall report to the
appropriate committees of the legislature by December 1, 2011, and
every year thereafter, on the number of prosecutions under RCW
9A.46.020(2)(b) (iii) and (iv).
NEW SECTION. Sec. 4 Sections 1 through 3 of this act expire July
1, 2018.