H-2006              _______________________________________________

                                                   HOUSE BILL NO. 2178

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Fuhrman, Appelwick, Padden, Belcher, Patrick, R. Meyers, Rasmussen, Fraser, Todd, Dorn, Hargrove, P. King, D. Sommers, Wolfe, Youngsman, Moyer, Tate, Ballard, Inslee and Morris

Read first time 3/1/89 and referred to Committee on Judiciary.

AN ACT Relating to deviant ritualistic acts; adding a new chapter to Title 9A RCW; creating a new section; prescribing penalties; and declaring an emergency.

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

NEW SECTION. Sec. 1.     This act is necessary for the immediate preservation of the public peace, health, morals, safety, and welfare, the support of state government and its existing public institutions, and shall take effect immediately.

NEW SECTION. Sec. 2.     The legislature recognizes that:

          (1) The preamble to the Constitution of the state of Washington affirmatively states the "We, the people of the State of Washington, grateful to the Supreme Ruler of the Universe for our liberties, do ordain this Constitution;"

          (2) Article I, section 11 of the Washington state Constitution provides that "Absolute freedom of conscience in all matters of religious sentiment, belief and worship, shall be guaranteed to every individual, and no one shall be molested or disturbed in person of property on account of religion; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the state;" and

          (3) The state, under its police powers, may enact laws in order to promote the public peace, health, morals, and safety.

NEW SECTION. Sec. 3.     "Ritualistic" means those peculiar characteristics of acts undertaken as part of a ceremony, rite, initiation, observance, performance, or practice.  Ritualistic acts include those acts that are intended to result in, or that result in:

          (1) The ritualistic mutilation, dismemberment, torture, abuse, or sacrifice of animals; or

          (2) The ritualistic ingestion of human or animal blood or human or animal waste.

          The ritualistic acts defined in this section are destructive of the peace, health, morals, and safety of the citizens of this state and are hereby prohibited.

          Every person violating this section is guilty of a misdemeanor.

          Each violation that occurs under this section shall be considered a separate violation.  All crimes under this section shall be given a seriousness score of I under RCW 9.94A.310.

NEW SECTION. Sec. 4.     (1) Ritualistic mutilation, dismemberment, or torture of a human when undertaken as part of a ceremony, rite, initiation, observance, performance, or practice is a crime and every person violating this subsection is guilty of a class A felony.

          (2) Ritualistic sexual abuse of children or of physically or mentally disabled adults when undertaken as part of a ceremony, rite, initiation, observance, performance, or practice is a crime and every person violating this subsection is guilty of a class B felony.

          (3) Ritualistic psychological abuse of children or of physically or mentally disabled adults when undertaken as part of a ceremony, rite, initiation, observance, performance, or practice is a crime and every person violating this subsection is guilty of a gross misdemeanor.

          (4) Each violation that occurs under this section shall be considered a separate violation.  The crimes described in subsections (1) and (2) of this section shall be given a seriousness score of XI under RCW 9.94A.310.  The crime described in subsection (3) of this section shall be given a seriousness score of II under RCW 9.94A.310.

NEW SECTION. Sec. 5.     Sections 2 through 4 of this act shall constitute a new chapter in Title 9A RCW.

NEW SECTION. Sec. 6.     The provisions of this act are to be liberally construed to effectuate the policies and purposes of this act.

NEW SECTION. Sec. 7.     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.