CERTIFICATION OF ENROLLMENT
HOUSE BILL 1117
Chapter 314, Laws of 1995
54th Legislature
1995 Regular Session
LOCAL PENAL INSTITUTIONS‑-CRIMES AGAINST PENAL
ORDER AND DISCIPLINE
EFFECTIVE DATE: 7/23/95
Passed by the House April 21, 1995 Yeas 94 Nays 3
CLYDE BALLARD
Speaker of the House of Representatives
Passed by the Senate April 20, 1995 Yeas 46 Nays 0 |
CERTIFICATE
I, Timothy A. Martin, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1117 as passed by the House of Representatives and the Senate on the dates hereon set forth. |
JOEL PRITCHARD
President of the Senate |
TIMOTHY A. MARTIN
Chief Clerk
|
Approved May 11, 1995 |
FILED
May 11, 1995 - 1:06 p.m. |
|
|
MIKE LOWRY Governor of the State of Washington |
Secretary of State State of Washington |
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HOUSE BILL 1117
_______________________________________________
AS AMENDED BY THE SENATE
Passed Legislature - 1995 Regular Session
State of Washington 54th Legislature 1995 Regular Session
By Representatives Lambert, Costa, Blanton, Silver, Ballasiotes, Backlund, Robertson, Boldt, Buck, Thompson, Hargrove and Huff
Read first time 01/13/95. Referred to Committee on Law and Justice.
AN ACT Relating to penal institutions; and amending RCW 9.94.010, 9.94.020, 9.94.030, 9.94.040, 9.94.041, and 9.94.049; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 9.94.010 and 1955 c 241 s 1 are each amended to read as follows:
Whenever two or more
inmates of a ((state penal)) correctional institution assemble
for any purpose, and act in such a manner as to disturb the good order of ((such))
the institution and contrary to the commands of the officers of ((such))
the institution, by the use of force or violence, or the threat thereof,
and whether acting in concert or not, they shall be guilty of prison riot.
Sec. 2. RCW 9.94.020 and 1992 c 7 s 19 are each amended to read as follows:
Every inmate of a ((state))
correctional ((facility)) institution who is guilty of prison
riot or of voluntarily participating therein by being present at, or by
instigating, aiding or abetting the same, shall be punished by imprisonment in
a state correctional ((facility)) institution for not less than
one year nor more than ten years, which shall be in addition to the sentence
being served.
Sec. 3. RCW 9.94.030 and 1992 c 7 s 20 are each amended to read as follows:
Whenever any inmate of
a ((state)) correctional ((facility)) institution shall
hold, or participate in holding, any person as a hostage, by force or violence,
or the threat thereof, or shall prevent, or participate in preventing an
officer of such institution from carrying out his or her duties, by force or
violence, or the threat thereof, he or she shall be guilty of a felony and upon
conviction shall be punished by imprisonment in a state correctional ((facility))
institution for not less than one year nor more than ten years.
Sec. 4. RCW 9.94.040 and 1979 c 121 s 1 are each amended to read as follows:
(1) Every person
serving a sentence in any ((penal)) state correctional
institution ((of this state)) who, without legal authorization ((pursuant
to law)), while in ((such penal)) the institution or while
being conveyed to or from ((such penal)) the institution((, or
while at any penal institution farm or forestry camp of such institution, or
while being conveyed to or from any such place)), or while under the
custody or supervision of institution officials, officers, or employees, or
while on any premises subject to the control of the institution, knowingly
possesses or carries upon his or her person or has under his or her control any
weapon, firearm, or any instrument which, if used, could produce serious bodily
injury to the person of another, is guilty of a class B felony.
(2) Every person confined in a county or local correctional institution who, without legal authorization, while in the institution or while being conveyed to or from the institution, or while under the custody or supervision of institution officials, officers, or employees, or while on any premises subject to the control of the institution, knowingly possesses or has under his or her control a deadly weapon, as defined in RCW 9A.04.110, is guilty of a class B felony.
(3) The sentence imposed under this section shall be in addition to any sentence being served.
Sec. 5. RCW 9.94.041 and 1979 c 121 s 2 are each amended to read as follows:
(1) Every person
serving a sentence in any ((penal)) state correctional
institution ((of this state)) who, without legal authorization,
while in ((such penal)) the institution or while being conveyed
to or from ((such penal)) the institution, ((or while at any
penal institution farm or forestry camp of such institution, or while being
conveyed to or from any such place,)) or while under the custody or
supervision of institution officials, officers, or employees, or while on any
premises subject to the control of the institution, knowingly possesses or
carries upon his or her person or has under his or her control any narcotic
drug or controlled substance as defined in chapter 69.50 RCW is guilty of a
class C felony.
(2) Every person confined in a county or local correctional institution who, without legal authorization, while in the institution or while being conveyed to or from the institution, or while under the custody or supervision of institution officials, officers, or employees, or while on any premises subject to the control of the institution, knowingly possesses or has under his or her control any narcotic drug or controlled substance, as defined in chapter 69.50 RCW, is guilty of a class C felony.
(3) The sentence imposed under this section shall be in addition to any sentence being served.
Sec. 6. RCW 9.94.049 and 1992 c 7 s 21 are each amended to read as follows:
(1) For the purposes of this chapter, the term "correctional institution" means any place designated by law for the keeping of persons held in custody under process of law, or under lawful arrest, including state prisons, county and local jails, and other facilities operated by the department of corrections or local governmental units primarily for the purposes of punishment, correction, or rehabilitation following conviction of a criminal offense.
(2) For the purposes of RCW 9.94.043 and 9.94.045, "state correctional institution" means all state correctional facilities under the supervision of the secretary of the department of corrections used solely for the purpose of confinement of convicted felons.
Passed the House April 21, 1995.
Passed the Senate April 20, 1995.
Approved by the Governor May 11, 1995.
Filed in Office of Secretary of State May 11, 1995.