1338-S AMH TO AMH 194 FUHR GOWE 3

SHB 1338 - H AMD TO H AMD 194 000219 LOST 3-16-93

By Representative Fuhrman

     On page 1, line 30, after "located" insert "; and

     (e) Any person lawfully exercising his or her right of free speech and assembly on the facility or the common area of the real property upon which the facility is located"

     On page 2, after line 30, insert the following:

     "NEW SECTION. Sec. 5.  (1) It is unlawful for a person, alone or in concert with others, to willfully or recklessly interfere with a person:

     (a) Who is not in violation of section 3 or 4 of this act; and

     (b) Who is otherwise lawfully exercising his or her right of free speech and assembly on the facility or the common area of the real property upon which the facility is located.

     (2) Interference includes the following:

     (a) Assaulting, endangering, or maliciously harassing the person in violation of chapter 9A.36 RCW;

     (b) Restraining the person in violation of RCW 9A.40.040;

     (c) Harassing the person in violation of chapter 9A.46 RCW;

     (d) Maliciously causing physical damage to the property of the person in violation of chapter 9A.48 RCW;

     (e) Making telephone calls to the person in violation of chapter 9.61 RCW; and

     (f) Creating a public disturbance in violation of chapter 9A.84 RCW.

     (3) A violation of this section is a gross misdemeanor punishable as follows:

     (a) For a first offense, a fine of not less than two hundred fifty dollars and a jail term of not less than twenty-four consecutive hours;

     (b) For a second offense, a fine of not less than five hundred dollars and a jail term of not less than seven consecutive days; and

     (c) For a third or subsequent offense, a fine of not less than one thousand dollars and a jail term of not less than thirty consecutive days."

     On page 3, line 1, after "through (((8)))" strike "(9)" and insert "(10)"

     On page 5, line 1, after "section" strike "3 or 4" and insert "3, 4, or 5"

     On page 5, line 10, after "section" strike "3 or 4" and insert "3, 4, or 5"

     On page 5, line 18, after "section" strike "3 or 4" and insert "3, 4, or 5"

     On page 6, line 3, after "section" strike "3 or 4" and insert "3, 4, or 5"

     On page 6, line 6, after "section" strike "3 or 4" and insert "3, 4, or 5"

     On page 6, line 8, after "Section 3" insert "and 4"

     On page 6, line 20, after "section 3" insert "or 4"

     On page 7, line 9, after "section" strike "3 or 4" and insert "3, 4, or 5"

     Renumber the remaining sections consecutively and correct internal references accordingly.

EFFECT:  This amendment provides penalties for individuals who unlawfully interfere with persons who are not in violation of section 3 or 4 of this act and who are otherwise lawfully exercising their free speech and assembly rights at the health care facility or the common areas of the real property where the facility is located.

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