HOUSE BILL REPORT

SSB 5021

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.

As Passed House:

April 9, 2013

Title: An act relating to changing the crime of riot to the crime of criminal mischief.

Brief Description: Changing the crime of riot to the crime of criminal mischief.

Sponsors: Senate Committee on Law & Justice (originally sponsored by Senators Padden and Carrell).

Brief History:

Committee Activity:

Public Safety: 3/5/13, 3/12/13 [DP].

Floor Activity:

Passed House: 4/9/13, 92-0.

Brief Summary of Substitute Bill

  • Renames the crime of "Riot" to the crime of "Criminal Mischief."

HOUSE COMMITTEE ON PUBLIC SAFETY

Majority Report: Do pass. Signed by 10 members: Representatives Goodman, Chair; Roberts, Vice Chair; Klippert, Ranking Minority Member; Hayes, Assistant Ranking Minority Member; Appleton, Holy, Hope, Moscoso, Ross and Takko.

Staff: Yvonne Walker (786-7841).

Background:

A person is guilty of the crime of Riot if, acting with three or more persons, the person knowingly and unlawfully uses or threatens to use force, or in any way participates in the use of such force, against any other person or against property.

The crime of Riot is a gross misdemeanor offense unless the actor is armed with a deadly weapon. If armed with a deadly weapon, the crime of Riot is an unranked class C felony offense. The maximum sentence for unranked felonies is one year of confinement in jail, along with possible community restitution, legal financial obligations, and up to one year of community custody. Under the Juvenile Justice Act, a first-time juvenile offender would receive a local sanction consisting of a maximum of 30 days in detention, 12 months of community supervision, 150 hours of community restitution, or a $500 fine.

Summary of Bill:

The crime of Riot is changed to the crime of Criminal Mischief.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect on January 1, 2014.

Staff Summary of Public Testimony:

(In support) A defendant is rarely ever charged with a crime of Riot, it is usually a reduction from an Assault crime or a crime against property. Criminal Mischief is a much better way of describing these types of crimes.

(Opposed) None.

Persons Testifying: Tom Parker, Superior Court Judges Association.

Persons Signed In To Testify But Not Testifying: None.