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                     ENGROSSED HOUSE BILL 1067

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State of Washington      56th Legislature     1999 Regular Session

By Representatives O'Brien and Ballasiotes

Read first time 01/14/1999.  Referred to Committee on Judiciary.

Amending statutory double jeopardy provisions.  

    AN ACT Relating to statutory double jeopardy; and amending RCW 10.43.040.

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

    Sec. 1.  RCW 10.43.040 and 1909 c 249 s 19 are each amended to read as follows:

    Whenever, upon the trial of any person for a crime, it appears that the offense was committed in another state or country, under such circumstances that the courts of this state had jurisdiction thereof, and that the defendant has already been acquitted or convicted upon the merits, ((upon a criminal prosecution)) in a judicial proceeding conducted under the criminal laws of such state or country, founded upon the act or omission with respect to which he is upon trial, such former acquittal or conviction is a sufficient defense.  Nothing in this section affects or prevents a prosecution in a court of this state of any person who has received administrative or nonjudicial punishment, civilian or military, in another state or country based upon the same act or omission.

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