BP BHEAD INT S [atlas:bill]

AN ACT Relating to malfeasance by government officials; amending RCW 10.27.020, 10.27.030, and 9A.80.010; and prescribing penalties.

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

Sec. 1. RCW 10.27.020 and 1988 c 188 s 16 are each amended to read as follows:

For the purposes of this chapter:

(1) ((~~The term~~)) "Court" ((~~shall~~)) means any superior court in the state of Washington.

(2) ((~~The term~~)) "Public attorney" ((~~shall~~)) means the prosecuting attorney of the county in which a grand jury or special grand jury is impaneled; the attorney general of the state of Washington when acting pursuant to RCW 10.27.070(9) and, the special prosecutor appointed by the governor, pursuant to RCW 10.27.070(10), and their deputies or special deputies.

(3) ((~~The term~~)) "Indictment" ((~~shall~~)) means a written accusation found by a grand jury.

(4) ((~~The term~~)) "Principal" ((~~shall~~)) means any person whose conduct is being investigated by a grand jury or special inquiry judge.

(5) ((~~The term~~)) "Witness" ((~~shall~~)) means any person summoned to appear before a grand jury or special inquiry judge to answer questions or produce evidence.

(6) "Government malfeasance" means an act of a public servant that constitutes tampering with a witness as defined in RCW 9A.72.120, tampering with physical evidence as defined in RCW 9A.72.150, or official misconduct as defined in RCW 9A.80.010.

(7) A "grand jury" consists of twelve persons, is impaneled by a superior court and constitutes a part of such court. The functions of a grand jury are to hear, examine, and investigate evidence concerning criminal activity and corruption and to take action with respect to such evidence. The grand jury shall operate as a whole and not by committee.

((~~(7)~~)) (8) A "special inquiry judge" is a superior court judge designated by a majority of the superior court judges of a county to hear and receive evidence of crime and corruption.

Sec. 2. RCW 10.27.030 and 1971 ex.s. c 67 s 3 are each amended to read as follows:

No grand jury shall be summoned to attend at the superior court of any county except upon an order signed by a majority of the judges thereof. A grand jury shall be summoned by the court, where the public interest so demands, whenever in its opinion there is sufficient evidence of criminal activity or corruption within the county or whenever so requested by a public attorney, corporation counsel, or city attorney upon showing of good cause.

Upon sufficient evidence of government malfeasance, a county prosecuting attorney may request or a citizen may petition the court within the county where the government malfeasance is alleged to have occurred or the court within Thurston county to summon a grand jury. The court shall summon a grand jury upon a request from a county prosecuting attorney unless the court finds the request to be frivolous. The court shall summon a grand jury upon a petition from a citizen if the petition is verified by affidavit and the presiding judge of the court finds that the petition alleges sufficient facts that, if proven, would constitute prima facie evidence of government malfeasance and finds that the time, content, and circumstances of the petition provide sufficient indicia of reliability.

Sec. 3. RCW 9A.80.010 and 1975-'76 2nd ex.s. c 38 s 17 are each amended to read as follows:

(1) A public servant is guilty of official misconduct if, with intent to obtain a benefit or to deprive another person of a lawful right or privilege:

(a) He or she intentionally commits an unauthorized act under color of law; or

(b) He or she intentionally refrains from performing a duty imposed upon him or her by law.

(2) Official misconduct is a ((~~gross misdemeanor~~)) class C felony.