Washington State House of Representatives Office of Program Research	BILL ANALYSIS
Criminal Justice & Corrections Committee

SB 6408

Brief Description:  Restoring sex offender registration for nonfelony communication with a minor convictions.

Sponsors:  Senators Costa, Hargrove, Long, Kline, Zarelli, Johnson, Rasmussen and Oke.

Brief Summary of Bill

$Restores the offense of  "communicating with a minor for immoral purposes" to the definition of sex offense in the sex offender registration statute. 

Hearing Date:  2/20/02

Staff:  Yvonne Walker (786‑7841).

Background:

Prior to the year 2001, the definition of sex offense in the Sentencing Reform Act (SRA) and the definition of sex offense in the sex offender registration statute of the Washington Criminal Code varied.  In the 2001 legislative session, the Legislature passed a bill (SSB 5014) that harmonized the definition of sex offense in both acts to coincide with one another.

However, in the attempt to harmonize the definition of sex offense in both acts, the offense of "communicating with a minor for immoral purposes" was eliminated from the definition of sex offense in the sex offender registration statute of the criminal code.  As a result, first time offenders convicted of this particular offense were no longer required to register as a sex offender.  The first conviction for the offense of communicating with a minor for immoral purposes is a gross misdemeanor and subsequent convictions are punishable as a class C felony. 

Prior to the 2001 legislative change, offenders convicted of communicating with a minor for immoral purposes were required to register as a sex offender for gross misdemeanor convictions.

Summary of Bill:

The offense of "communicating with a minor for immoral purposes" is restored to the definition of sex offense in the sex offender registration statute of the criminal code.  All sex offenders convicted of this particular offense on, before, or after July 1, 2001, are required to register as a sex offender unless otherwise relieved of that duty to register by the court.

Appropriation:  None.

Fiscal Note:  Not Requested.

Effective Date:  The bill contains an emergency clause and takes effect immediately.