CERTIFICATION OF ENROLLMENT

 

                        HOUSE BILL 1309

 

 

                   Chapter 252, Laws of 1998

 

 

 

 

                        55th Legislature

                      1998 Regular Session

 

 

DISARMING A LAW ENFORCEMENT OR CORRECTIONS OFFICER

 

 

 

                    EFFECTIVE DATE:  6/11/98

Passed by the House March 9, 1998 

Yeas 96   Nays 0

 

 

 

             CLYDE BALLARD

Speaker of the

      House of Representatives

 

Passed by the Senate March 4, 1998

  Yeas 44   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 1309  as passed by the House of Representatives and the Senate on the dates hereon set forth.

 

 

 

               BRAD OWEN

President of the Senate

          TIMOTHY A. MARTIN

                          Chief Clerk

 

 

Approved April 1, 1998 Place Style On Codes above, and Style Off Codes below.     

                                FILED          

 

 

            April 1, 1998 - 2:55 p.m.

 

 

 

              GARY LOCKE

Governor of the State of Washington

                   Secretary of State

                  State of Washington


          _______________________________________________

 

                          HOUSE BILL 1309

          _______________________________________________

 

                                

                     AS AMENDED BY THE SENATE

 

             Passed Legislature - 1998 Regular Session

 

State of Washington      55th Legislature     1997 Regular Session

 

By Representatives Mielke, Mulliken, Sterk, McMorris, Pennington, Bush, Doumit, McDonald, Boldt, Thompson, Costa and Dunn

 

Read first time 01/21/97.  Referred to Committee on Law & Justice.

 

 

Creating the crime of disarming a law enforcement officer.    


    AN ACT Relating to disarming an officer; adding new sections to chapter 9A.76 RCW; and prescribing penalties.

 

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

 

    NEW SECTION.  Sec. 1.  (1) A person is guilty of disarming a law enforcement officer if with intent to interfere with the performance of the officer's duties the person knowingly removes a firearm or weapon from the person of a law enforcement officer or corrections officer or deprives a law enforcement officer or corrections officer of the use of a firearm or weapon, when the officer is acting within the scope of the officer's duties, does not consent to the removal, and the person has reasonable cause to know or knows that the individual is a law enforcement or corrections officer.

    (2) Disarming a law enforcement or corrections officer is a class C felony unless the firearm involved is discharged when the person removes the firearm, in which case the offense is a class B felony.

 

    NEW SECTION.  Sec. 2.  A person who commits another crime during the commission of the crime of disarming a law enforcement or corrections officer may be punished for the other crime as well as for disarming a law enforcement officer and may be prosecuted separately for each crime.

 

    NEW SECTION.  Sec. 3.  Sections 1 and 2 of this act do not apply when the law enforcement officer or corrections officer is engaged in criminal conduct.

 

    NEW SECTION.  Sec. 4.  Sections 1 through 3 of this act are added to chapter 9A.76 RCW.


    Passed the House March 9, 1998.

    Passed the Senate March 4, 1998.

Approved by the Governor April 1, 1998.

    Filed in Office of Secretary of State April 1, 1998.