| TABLE 2 | |
| CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL | |
XVI | | |
XV | | |
| | |
| | |
XIV | | |
| | |
XIII | | |
| Malicious placement of an explosive 1 (RCW 70.74.270(1)) | |
XII | | |
| | |
| Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a)) | |
| Promoting Commercial Sexual Abuse of a Minor (RCW 9.68A.101) | |
| | |
| | |
| | |
XI | | |
| | |
| | |
| Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520) | |
| Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520) | |
X | | |
| | |
| Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a)) | |
| | |
| Leading Organized Crime (RCW 9A.82.060(1)(a)) | |
| | |
| Sexually Violent Predator Escape (RCW 9A.76.115) | |
IX | Abandonment of Dependent Person 1 (RCW 9A.42.060) | |
| | |
| | |
| | |
| Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 79A.60.050) | |
| Inciting Criminal Profiteering (RCW 9A.82.060(1)(b)) | |
| Malicious placement of an explosive 2 (RCW 70.74.270(2)) | |
| | |
| | |
VIII | | |
| Commercial Sexual Abuse of a Minor (RCW 9.68A.100) | |
| Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050) | |
| | |
| | |
| | |
VII | Air bag diagnostic systems (causing bodily injury or death) (RCW 46.37.660(2)(b)) | |
| Air bag replacement requirements (causing bodily injury or death) (RCW 46.37.660(1)(b)) | |
| | |
| | |
| | |
| Dealing in depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.050(1)) | |
| | |
| Homicide by Watercraft, by disregard for the safety of others (RCW 79A.60.050) | |
| Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c)) | |
| | |
| Malicious placement of an explosive 3 (RCW 70.74.270(3)) | |
| Manufacture or import counterfeit, nonfunctional, damaged, or previously deployed air bag (causing bodily injury or death) (RCW 46.37.650(1)(b)) | |
| Negligently Causing Death By Use of a Signal Preemption Device (RCW 46.37.675) | |
| Sell, install, or reinstall counterfeit, nonfunctional, damaged, or previously deployed airbag (RCW 46.37.650(2)(b)) | |
| Sending, bringing into state depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.060(1)) | |
| Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)) | |
| Use of a Machine Gun or Bump-fire Stock in Commission of a Felony (RCW 9.41.225) | |
| Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520) | |
VI | Bail Jumping with Murder 1 (RCW 9A.76.170(3)(a)) | |
| | |
| | |
| | |
| | |
| Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b)) | |
| Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.070(1)) | |
| | |
| | |
| Theft from a Vulnerable Adult 1 (RCW 9A.56.400(1)) | |
| | |
V | Abandonment of Dependent Person 2 (RCW 9A.42.070) | |
| Advancing money or property for extortionate extension of credit (RCW 9A.82.030) | |
| Air bag diagnostic systems (RCW 46.37.660(2)(c)) | |
| Air bag replacement requirements (RCW 46.37.660(1)(c)) | |
| Bail Jumping with class A Felony (RCW 9A.76.170(3)(b)) | |
| | |
| | |
| Custodial Sexual Misconduct 1 (RCW 9A.44.160) | |
| Dealing in Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.050(2)) | |
| | |
| | |
| Extortionate Extension of Credit (RCW 9A.82.020) | |
| Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040) | |
| | |
| | |
| Manufacture or import counterfeit, nonfunctional, damaged, or previously deployed air bag (RCW 46.37.650(1)(c)) | |
| | |
| Persistent prison misbehavior (RCW 9.94.070) | |
| Possession of a Stolen Firearm (RCW 9A.56.310) | |
| | |
| Rendering Criminal Assistance 1 (RCW 9A.76.070) | |
| Sell, install, or reinstall counterfeit, nonfunctional, damaged, or previously deployed airbag (RCW 46.37.650(2)(c)) | |
| Sending, Bringing into State Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.060(2)) | |
| Sexual Misconduct with a Minor 1 (RCW 9A.44.093) | |
| Sexually Violating Human Remains (RCW 9A.44.105) | |
| | |
| Taking Motor Vehicle Without Permission 1 (RCW 9A.56.070) | |
IV | | |
| | |
| Assault 3 (of a Peace Officer with a Projectile Stun Gun) (RCW 9A.36.031(1)(h)) | |
| Assault 4 (third domestic violence offense) (RCW 9A.36.041(3)) | |
| | |
| | |
| | |
| | |
| | |
| Driving While Under the Influence (RCW 46.61.502(6)) | |
| Endangerment with a Controlled Substance (RCW 9A.42.100) | |
| | |
| | |
| | |
| Hit and Run with Vessel —Injury Accident (RCW 79A.60.200(3)) | |
| | |
| Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010) | |
| Influencing Outcome of Sporting Event (RCW 9A.82.070) | |
| Physical Control of a Vehicle While Under the Influence (RCW 46.61.504(6)) | |
| Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.070(2)) | |
| | |
| | |
| Sports Wagering without a License (section 3 of this act) | |
| | |
| | |
| Trafficking in Stolen Property 1 (RCW 9A.82.050) | |
| Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(b)) | |
| Unlawful transaction of health coverage as a health care service contractor (RCW 48.44.016(3)) | |
| Unlawful transaction of health coverage as a health maintenance organization (RCW 48.46.033(3)) | |
| Unlawful transaction of insurance business (RCW 48.15.023(3)) | |
| Unlicensed practice as an insurance professional (RCW 48.17.063(2)) | |
| Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2)) | |
| Vehicle Prowling 2 (third or subsequent offense) (RCW 9A.52.100(3)) | |
| Vehicular Assault, by being under the influence of intoxicating liquor or any drug, or by the operation or driving of a vehicle in a reckless manner (RCW 46.61.522) | |
| Viewing of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.075(1)) | |
| Willful Failure to Return from Furlough (RCW 72.66.060) | |
III | Animal Cruelty 1 (Sexual Conduct or Contact) (RCW 16.52.205(3)) | |
| Assault 3 (Except Assault 3 of a Peace Officer With a Projectile Stun Gun) (RCW 9A.36.031 except subsection (1)(h)) | |
| | |
| Bail Jumping with class B or C Felony (RCW 9A.76.170(3)(c)) | |
| | |
| Communication with a Minor for Immoral Purposes (RCW 9.68A.090) | |
| | |
| | |
| Cyberstalking (subsequent conviction or threat of death) (RCW 9.61.260(3)) | |
| | |
| | |
| | |
| Intimidating a Public Servant (RCW 9A.76.180) | |
| | |
| Malicious Injury to Railroad Property (RCW 81.60.070) | |
| Manufacture of Untraceable Firearm with Intent to Sell (RCW 9.41.190) | |
| Manufacture or Assembly of an Undetectable Firearm or Untraceable Firearm (RCW 9.41.325) | |
| | |
| Negligently Causing Substantial Bodily Harm By Use of a Signal Preemption Device (RCW 46.37.674) | |
| | |
| | |
| Possession of Incendiary Device (RCW 9.40.120) | |
| Possession of Machine Gun, Bump-Fire Stock, Undetectable Firearm, or Short-Barreled Shotgun or Rifle (RCW 9.41.190) | |
| | |
| Retail Theft with Special Circumstances 1 (RCW 9A.56.360(2)) | |
| | |
| | |
| Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230(2)) | |
| | |
| Theft with the Intent to Resell 1 (RCW 9A.56.340(2)) | |
| Trafficking in Stolen Property 2 (RCW 9A.82.055) | |
| Unlawful Hunting of Big Game 1 (RCW 77.15.410(3)(b)) | |
| | |
| Unlawful Misbranding of Fish or Shellfish 1 (RCW 77.140.060(3)) | |
| Unlawful possession of firearm in the second degree (RCW 9.41.040(2)) | |
| Unlawful Taking of Endangered Fish or Wildlife 1 (RCW 77.15.120(3)(b)) | |
| Unlawful Trafficking in Fish, Shellfish, or Wildlife 1 (RCW 77.15.260(3)(b)) | |
| Unlawful Use of a Nondesignated Vessel (RCW 77.15.530(4)) | |
| Vehicular Assault, by the operation or driving of a vehicle with disregard for the safety of others (RCW 46.61.522) | |
| Willful Failure to Return from Work Release (RCW 72.65.070) | |
II | Commercial Fishing Without a License 1 (RCW 77.15.500(3)(b)) | |
| | |
| | |
| Electronic Data Service Interference (RCW 9A.90.060) | |
| | |
| | |
| Engaging in Fish Dealing Activity Unlicensed 1 (RCW 77.15.620(3)) | |
| Escape from Community Custody (RCW 72.09.310) | |
| Failure to Register as a Sex Offender (second or subsequent offense) (RCW 9A.44.130 prior to June 10, 2010, and RCW 9A.44.132) | |
| | |
| | |
| Improperly Obtaining Financial Information (RCW 9.35.010) | |
| | |
| | |
| Possession of Stolen Property 1 (RCW 9A.56.150) | |
| Possession of a Stolen Vehicle (RCW 9A.56.068) | |
| Retail Theft with Special Circumstances 2 (RCW 9A.56.360(3)) | |
| Scrap Processing, Recycling, or Supplying Without a License (second or subsequent offense) (RCW 19.290.100) | |
| | |
| | |
| Theft of Rental, Leased, Lease-purchased, or Loaned Property (valued at five thousand dollars or more) (RCW 9A.56.096(5)(a)) | |
| Theft with the Intent to Resell 2 (RCW 9A.56.340(3)) | |
| | |
| Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(a)) | |
| Unlawful Participation of Non-Indians in Indian Fishery (RCW 77.15.570(2)) | |
| | |
| Unlawful Purchase or Use of a License (RCW 77.15.650(3)(b)) | |
| Unlawful Trafficking in Fish, Shellfish, or Wildlife 2 (RCW 77.15.260(3)(a)) | |
| Unlicensed Practice of a Profession or Business (RCW 18.130.190(7)) | |
| | |
I | Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024) | |
| False Verification for Welfare (RCW 74.08.055) | |
| | |
| Fraudulent Creation or Revocation of a Mental Health Advance Directive (RCW 9A.60.060) | |
| | |
| | |
| Possession of Stolen Property 2 (RCW 9A.56.160) | |
| | |
| Spotlighting Big Game 1 (RCW 77.15.450(3)(b)) | |
| Suspension of Department Privileges 1 (RCW 77.15.670(3)(b)) | |
| Taking Motor Vehicle Without Permission 2 (RCW 9A.56.075) | |
| | |
| Theft from a Vulnerable Adult 2 (RCW 9A.56.400(2)) | |
| Theft of Rental, Leased, Lease-purchased, or Loaned Property (valued at seven hundred fifty dollars or more but less than five thousand dollars) (RCW 9A.56.096(5)(b)) | |
| Transaction of insurance business beyond the scope of licensure (RCW 48.17.063) | |
| Unlawful Fish and Shellfish Catch Accounting (RCW 77.15.630(3)(b)) | |
| Unlawful Issuance of Checks or Drafts (RCW 9A.56.060) | |
| Unlawful Possession of Fictitious Identification (RCW 9A.56.320) | |
| Unlawful Possession of Instruments of Financial Fraud (RCW 9A.56.320) | |
| Unlawful Possession of Payment Instruments (RCW 9A.56.320) | |
| Unlawful Possession of a Personal Identification Device (RCW 9A.56.320) | |
| Unlawful Production of Payment Instruments (RCW 9A.56.320) | |
| Unlawful Releasing, Planting, Possessing, or Placing Deleterious Exotic Wildlife (RCW 77.15.250(2)(b)) | |
| Unlawful Trafficking in Food Stamps (RCW 9.91.142) | |
| Unlawful Use of Food Stamps (RCW 9.91.144) | |
| Unlawful Use of Net to Take Fish 1 (RCW 77.15.580(3)(b)) | |
| Unlawful Use of Prohibited Aquatic Animal Species (RCW 77.15.253(3)) | |
| | |
| Violating Commercial Fishing Area or Time 1 (RCW 77.15.550(3)(b)) | |
Sec. 17. RCW
9.46.0335 and 1987 c 4 s 31 are each amended to read as follows:
(1) The legislature ((hereby)) authorizes any person, association, or organization to ((conduct sports pools without a license to do so from the commission but only when the outcome of which is dependent upon the score, or scores, of a certain athletic contest and which is conducted only))conduct sports boards in the following manner:
(((1) A board or piece of paper is divided into one hundred equal squares, each of which constitutes a chance to win in the sports pool and each of which is offered directly to prospective contestants at one dollar or less;
(2)))(a) The purchaser of each chance or square signs his or her name on the face of each square or chance he or she purchases; ((and
(3)))(b) At some time not later than prior to the start of the subject athletic contest, the ((pool))sports board is closed and no further chances in the ((pool))sports board are sold;
(((4)))(c) After the ((pool))sports board is closed, a prospective score is assigned by random drawing to each square;
(((5)))(d) All money paid by entrants to enter the ((pool))sports board less taxes is paid out as the prize or prizes to those persons holding squares assigned the winning score or scores from the subject athletic contest;
(((6)))(e) The sports ((pool)) board is available for inspection by any person purchasing a chance thereon, the commission, or by any law enforcement agency upon demand at all times prior to the payment of the prize;
(((7)))(f) The person or organization conducting the ((pool))sports board is conducting no ((other))more than two sports ((pool))boards on the same athletic event; and
(((8) The sports pool conforms))(g) Sports boards must conform to any rules and regulations of the commission ((applicable thereto)), including maximum wager limits set by the commission.
(2) For purposes of this section, "sports board" means a board or piece of paper that is divided into one hundred equal squares, each of which constitutes a chance to win in the sports pool and each of which is offered directly to prospective contestants.
NEW SECTION. Sec. 18. A new section is added to chapter
82.04 RCW to read as follows:
(1) There is levied and collected from every card room conducting sports wagering in this state, a tax in the amount of ten percent of the gaming revenue.
(2) Card rooms conducting sports wagering subject to the tax imposed by this section must report to the department the amount of gaming revenue earned by location. The tax imposed by this section must be paid to, and administered by, the department. The administration of the tax is governed by the provisions of chapter
82.32 RCW.
(3) For purposes of this section:
(a) "Card room" has the same meaning as in section 14 of this act.
(b) "Gaming revenue" means the total amount wagered less winnings paid out.
(c) "Sports wagering" has the same meaning as in section 14 of this act.
NEW SECTION. Sec. 19. The sum of six million dollars is appropriated from the general fund—state for the fiscal year ending June 30, 2020, and is provided solely for expenditure into the gambling revolving fund created in RCW 9.46.100. The gambling commission may expend from the gambling revolving account from moneys attributable to the appropriation in this section solely for enforcement actions in the illicit market for sports wagering. The appropriation in this section constitutes a loan from the general fund to the gambling revolving fund that must be repaid with net interest by June 30, 2021. NEW SECTION. Sec. 20. 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."
ESHB 2638 - S AMD 1313
By Senator Rivers
OUT OF ORDER 03/05/2020
On page 1, line 2 of the title, after "compacts" strike the remainder of the title and insert "and by licensed card rooms; amending RCW
9.46.070,
9.46.130,
9.46.190,
9.46.210,
9.46.220,
9.46.240,
9.46.090, and
9.46.0335; reenacting and amending RCW
9.94A.515; adding new sections to chapter
9.46 RCW; adding a new section to chapter
82.04 RCW; creating a new section; prescribing penalties; and making an appropriation."
EFFECT: Modifies the legislative intent. Authorizes card rooms licensed as of January 1, 2020, to conduct sport wagering through sports pools and online sport pools at the card room facility effective January 1, 2024. Makes offering sports wagering without a license or pursuant to a compact a class B felony and provides fines. Prohibits certain persons and entities from making wagers, being employed by, or owning certain entities related to sport wagering and provides that violations are a misdemeanor subject to a fine. Prohibits sports wagering operators from accepting wagers from certain person, including those on self-exclusion lists. Requires operators to obtain information on those wagering $10,000 or more. Allows the Commission to make rules to implement the authorization of sports wagering but rules related to card rooms may not be more restrictive than provisions in compacts authorizing sports wagering. Provides definitions for card rooms, sports pools, and online sports pools. Adds sports wagering without a license to the table of crimes. Changes current "sports pools" in statute to "sports boards." Provides a 10 percent tax on card rooms' gaming revenue, which is the amount wagered less winnings paid out. Removes the emergency clause, which made the act effective immediately.
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