CERTIFICATION
OF ENROLLMENT
SENATE
BILL 5039
Chapter
156, Laws of 1995
54th
Legislature
1995
Regular Session
LURING
OF PERSONS WITH DEVELOPMENTAL DISABILITIES
EFFECTIVE
DATE: 7/23/95
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Passed by the Senate April 17, 1995
YEAS 41 NAYS 0
JOEL PRITCHARD
President of the Senate
Passed by the House April 4, 1995
YEAS 96 NAYS 0
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CERTIFICATE
I, Marty Brown, Secretary of the Senate of the State
of Washington, do hereby certify that the attached is SENATE BILL 5039
as passed by the Senate and the House of Representatives on the dates hereon
set forth.
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CLYDE BALLARD
Speaker of the
House of Representatives
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MARTY BROWN
Secretary
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Approved April 27, 1995 Place
Style On Codes above, and Style Off Codes below.
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FILED
April 27, 1995 - 1:23 p.m.
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MIKE LOWRY
Governor of the State of
Washington
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Secretary of State
State of Washington
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_______________________________________________
SENATE BILL 5039
_______________________________________________
AS AMENDED BY THE HOUSE
Passed Legislature - 1995 Regular Session
State of Washington 54th Legislature 1995
Regular Session
By
Read first time 01/09/95.
Referred to Committee on Law & Justice.
Clarifying the
elements of the crime of luring.
AN ACT Relating to
luring; and amending RCW 9A.40.090.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 9A.40.090 and 1993 c
509 s 1 are each amended to read as follows:
A person commits the
crime of luring if the person:
(1)(a) Orders, lures,
or attempts to lure a minor or ((developmentally disabled person)) a
person with a developmental disability into ((a)) any area or
structure that is obscured from or inaccessible to the public or into a motor
vehicle;
(b) Does not have the
consent of the minor's parent or guardian or the ((the developmentally
disabled person's guardian)) of the guardian of the person with a
developmental disability; and
(c) Is unknown to the
child or developmentally disabled person.
(2) It is a defense to
luring, which the defendant must prove by a preponderance of the evidence, that
the defendant's actions were reasonable under the circumstances and the
defendant did not have any intent to harm the health, safety, or welfare of the
minor or ((developmentally disabled person)) the person with the
developmental disability.
(3) For purposes of
this section:
(a) "Minor"
means a person under the age of sixteen;
(b) "((Developmentally
disabled person)) Person with a developmental disability" means
a person with a developmental disability as defined in RCW 71A.10.020.
(4) Luring is a class C
felony.
Passed
the Senate April 17, 1995.
Passed
the House April 4, 1995.
Approved by the Governor April 27, 1995.
Filed in Office of
Secretary of State April 27, 1995.