6041 AMH CAVE NEID 2

SB 6041 - H AMDS 1257 WITHDRAWN 3-4-94

By Representative Caver

     On page 3, beginning on line 27, strike all material through "acts." on line 30, and insert:

     (13) "Criminal organization" means any formal ongoing organization, association, or group of three or more persons that has as one of its primary activities the commission of a felonious act or acts.  The organization must have been in existence for at least 12 months.  This existence must be proved by affirmative evidence of criminal acts committed by the organization in addition to the charged acts.  There must be a structure or hierarchy to the organization and this must be proved by evidence independent of any evidence of criminal actions committed by any organization member in furtherance of the organization's activities or any independent criminal act committed by an organization member."

     On page 12, beginning on line 36, strike all material through "members." on line 39, and insert:

(h) The offense was committed for the benefit of, at the direction of, or in association with any criminal organization as defined in RCW 9.94A.030, with the specific intent to promote, further, or assist in any criminal conduct by organization members.  At least two other members of the criminal organization must be specifically identified and their agreement or encouraging of the charged defendant to commit the charged act must be proved by evidence which is admissible under the Rules of Evidence and proved beyond a reasonable doubt."

EFFECT:  Places additional restrictions on the imposition of an exceptional sentence by:  (1) requiring the organization to have been in existence for 12 months; (2) requiring proof that the organization committed other criminal acts; (3) requiring that the organization be formal in nature; (4) requiring the organization to have a structure or hierarchy; (5) requiring the organization's criminal acts to be felonies; and (6) requiring identification of other organization members and proof of their agreement or encouragement of the defendant's criminal act.