BILL REQ. #:  Z-0168.1 

Read first time 02/12/13.   Referred to Committee on Public Safety.

     AN ACT Relating to introduction of contraband into or possession of contraband in a secure facility; amending RCW 9A.76.140, 9A.76.150, and 9A.76.160; reenacting and amending RCW 9A.76.010; and prescribing penalties.

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

Sec. 1   RCW 9A.76.010 and 2009 c 549 s 1003 are each reenacted and amended to read as follows:
     The following definitions are applicable in this chapter unless the context otherwise requires:
     (1) "Contraband" means any article or thing which a person confined in a detention facility or a secure facility under chapter 71.09 RCW is prohibited from obtaining or possessing by statute, rule, regulation, or order of a court;
     (2) "Custody" means restraint pursuant to a lawful arrest or an order of a court, or any period of service on a work crew: PROVIDED, That custody pursuant to chapter 13.34 RCW and RCW 74.13.020 and 74.13.031 and chapter 13.32A RCW shall not be deemed custody for purposes of this chapter;
     (3) "Detention facility" means any place used for the confinement of a person (a) arrested for, charged with or convicted of an offense, or (b) charged with being or adjudicated to be a juvenile offender as defined in RCW 13.40.020 as now existing or hereafter amended, or (c) held for extradition or as a material witness, or (d) otherwise confined pursuant to an order of a court, except an order under chapter 13.34 RCW or chapter 13.32A RCW, or (e) in any work release, furlough, or other such facility or program;
     (4) "Uncontrollable circumstances" means an act of nature such as a flood, earthquake, or fire, or a medical condition that requires immediate hospitalization or treatment, or an act of a human being such as an automobile accident or threats of death, forcible sexual attack, or substantial bodily injury in the immediate future for which there is no time for a complaint to the authorities and no time or opportunity to resort to the courts.

Sec. 2   RCW 9A.76.140 and 2011 c 336 s 404 are each amended to read as follows:
     (1) A person is guilty of introducing contraband in the first degree if he or she knowingly provides any deadly weapon to any person confined in a detention facility or secure facility under chapter 71.09 RCW.
     (2) Introducing contraband in the first degree is a class B felony.

Sec. 3   RCW 9A.76.150 and 2011 c 336 s 405 are each amended to read as follows:
     (1) A person is guilty of introducing contraband in the second degree if he or she knowingly and unlawfully provides contraband to any person confined in a detention facility or secure facility under chapter 71.09 RCW with the intent that such contraband be of assistance in an escape or in the commission of a crime.
     (2) Introducing contraband in the second degree is a class C felony.

Sec. 4   RCW 9A.76.160 and 2011 c 336 s 406 are each amended to read as follows:
     (1) A person is guilty of introducing contraband in the third degree if he or she knowingly and unlawfully provides contraband to any person confined in a detention facility or secure facility under chapter 71.09 RCW.
     (2) Introducing contraband in the third degree is a misdemeanor.