AN
ACT Relating to criminal profiteering; reenacting and amending RCW 9A.82.010,
9A.82.085, 9A.82.090, 9A.82.100, 9A.82.110, 9A.82.120, 9A.82.130, 9A.82.140,
9A.82.150, 9A.82.160, 9A.82.170, and 9.94A.320; reenacting RCW 9A.82.001,
9A.82.020, 9A.82.030, 9A.82.040, 9A.82.045, 9A.82.050, 9A.82.060, 9A.82.070,
9A.82.080, 9A.82.900, and 9A.82.901; creating a new section; prescribing
penalties; and declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
purpose of this act is to respond to State v. Thomas, 103 Wn. App. 800,
by reenacting, without substantive changes, the Washington laws relating to
criminal profiteering, and the sentencing level ranking for criminal profiteering
crimes as they existed prior to December 21, 2000.
Sec.
2. RCW
9A.82.001 and 1985 c 455 s 1 are each reenacted to read as follows:
This
chapter shall be known as the criminal profiteering act.
Sec.
3. RCW
9A.82.010 and 1999 c 143 s 40, 1995 c 285 s 34, 1995 c 92 s 5, 1994 c 218 s 17,
1992 c 210 s 6, 1992 c 145 s 13, 1989 c 20 s 17, 1988 c 33 s 5, 1986 c 78 s 1,
1985 c 455 s 2, and 1984 c 270 s 1 are each reenacted and amended to read as follows:
Unless
the context requires the contrary, the definitions in this section apply
throughout this chapter.
(1)(a)
"Beneficial interest" means:
(i)
The interest of a person as a beneficiary under a trust established under Title
11 RCW in which the trustee for the trust holds legal or record title to real
property;
(ii)
The interest of a person as a beneficiary under any other trust arrangement
under which a trustee holds legal or record title to real property for the
benefit of the beneficiary; or
(iii)
The interest of a person under any other form of express fiduciary arrangement
under which one person holds legal or record title to real property for the
benefit of the other person.
(b)
"Beneficial interest" does not include the interest of a stockholder
in a corporation or the interest of a partner in a general partnership or
limited partnership.
(c)
A beneficial interest is considered to be located where the real property owned
by the trustee is located.
(2)
"Control" means the possession of a sufficient interest to permit
substantial direction over the affairs of an enterprise.
(3)
"Creditor" means a person making an extension of credit or a person
claiming by, under, or through a person making an extension of credit.
(4)
"Criminal profiteering" means any act, including any anticipatory or
completed offense, committed for financial gain, that is chargeable or
indictable under the laws of the state in which the act occurred and, if the
act occurred in a state other than this state, would be chargeable or
indictable under the laws of this state had the act occurred in this state and
punishable as a felony and by imprisonment for more than one year, regardless
of whether the act is charged or indicted, as any of the following:
(a)
Murder, as defined in RCW 9A.32.030 and 9A.32.050;
(b)
Robbery, as defined in RCW 9A.56.200 and 9A.56.210;
(c)
Kidnapping, as defined in RCW 9A.40.020 and 9A.40.030;
(d)
Forgery, as defined in RCW 9A.60.020 and 9A.60.030;
(e)
Theft, as defined in RCW 9A.56.030, 9A.56.040, 9A.56.060, and 9A.56.080;
(f)
Unlawful sale of subscription television services, as defined in RCW 9A.56.230;
(g)
Theft of telecommunication services or unlawful manufacture of a
telecommunication device, as defined in RCW 9A.56.262 and 9A.56.264;
(h)
Child selling or child buying, as defined in RCW 9A.64.030;
(i)
Bribery, as defined in RCW 9A.68.010, 9A.68.020, 9A.68.040, and 9A.68.050;
(j)
Gambling, as defined in RCW 9.46.220 and 9.46.215 and 9.46.217;
(k)
Extortion, as defined in RCW 9A.56.120 and 9A.56.130;
(l)
Extortionate extension of credit, as defined in RCW 9A.82.020 (as reenacted
by this act);
(m)
Advancing money for use in an extortionate extension of credit, as defined in
RCW 9A.82.030 (as reenacted by this act);
(n)
Collection of an extortionate extension of credit, as defined in RCW 9A.82.040 (as
reenacted by this act);
(o)
Collection of an unlawful debt, as defined in RCW 9A.82.045 (as reenacted by
this act);
(p)
Delivery or manufacture of controlled substances or possession with intent to
deliver or manufacture controlled substances under chapter 69.50 RCW;
(q)
Trafficking in stolen property, as defined in RCW 9A.82.050 (as reenacted by
this act);
(r)
Leading organized crime, as defined in RCW 9A.82.060 (as reenacted by this
act);
(s)
Money laundering, as defined in RCW 9A.83.020;
(t)
Obstructing criminal investigations or prosecutions in violation of RCW
9A.72.090, 9A.72.100, 9A.72.110, 9A.72.120, 9A.72.130, 9A.76.070, or 9A.76.180;
(u)
Fraud in the purchase or sale of securities, as defined in RCW 21.20.010;
(v)
Promoting pornography, as defined in RCW 9.68.140;
(w)
Sexual exploitation of children, as defined in RCW 9.68A.040, 9.68A.050, and
9.68A.060;
(x)
Promoting prostitution, as defined in RCW 9A.88.070 and 9A.88.080;
(y)
Arson, as defined in RCW 9A.48.020 and 9A.48.030;
(z)
Assault, as defined in RCW 9A.36.011 and 9A.36.021;
(aa)
Assault of a child, as defined in RCW 9A.36.120 and 9A.36.130;
(bb)
A pattern of equity skimming, as defined in RCW 61.34.020;
(cc)
Commercial telephone solicitation in violation of RCW 19.158.040(1);
(dd)
Trafficking in insurance claims, as defined in RCW 48.30A.015;
(ee)
Unlawful practice of law, as defined in RCW 2.48.180;
(ff)
Commercial bribery, as defined in RCW 9A.68.060;
(gg)
Health care false claims, as defined in RCW 48.80.030; or
(hh)
Unlicensed practice of a profession or business, as defined in RCW
18.130.190(7).
(5)
"Dealer in property" means a person who buys and sells property as a
business.
(6)
"Debtor" means a person to whom an extension of credit is made or a
person who guarantees the repayment of an extension of credit or in any manner
undertakes to indemnify the creditor against loss resulting from the failure of
a person to whom an extension is made to repay the same.
(7)
"Documentary material" means any book, paper, document, writing,
drawing, graph, chart, photograph, phonograph record, magnetic tape, computer
printout, other data compilation from which information can be obtained or from
which information can be translated into usable form, or other tangible item.
(8)
"Enterprise" includes any individual, sole proprietorship,
partnership, corporation, business trust, or other profit or nonprofit legal
entity, and includes any union, association, or group of individuals associated
in fact although not a legal entity, and both illicit and licit enterprises and
governmental and nongovernmental entities.
(9)
"Extortionate extension of credit" means an extension of credit with
respect to which it is the understanding of the creditor and the debtor at the
time the extension is made that delay in making repayment or failure to make
repayment could result in the use of violence or other criminal means to cause
harm to the person, reputation, or property of any person.
(10)
"Extortionate means" means the use, or an express or implicit threat
of use, of violence or other criminal means to cause harm to the person,
reputation, or property of any person.
(11)
"Financial institution" means any bank, trust company, savings and
loan association, savings bank, mutual savings bank, credit union, or loan
company under the jurisdiction of the state or an agency of the United States.
(12)
"Pattern of criminal profiteering activity" means engaging in at
least three acts of criminal profiteering, one of which occurred after July 1,
1985, and the last of which occurred within five years, excluding any period of
imprisonment, after the commission of the earliest act of criminal
profiteering. In order to constitute a pattern, the three acts must have the
same or similar intent, results, accomplices, principals, victims, or methods
of commission, or be otherwise interrelated by distinguishing characteristics
including a nexus to the same enterprise, and must not be isolated events.
However, in any civil proceedings brought pursuant to RCW 9A.82.100 (as
reenacted by this act) by any person other than the attorney general or
county prosecuting attorney in which one or more acts of fraud in the purchase
or sale of securities are asserted as acts of criminal profiteering activity,
it is a condition to civil liability under RCW 9A.82.100 (as reenacted by
this act) that the defendant has been convicted in a criminal proceeding of
fraud in the purchase or sale of securities under RCW 21.20.400 or under the
laws of another state or of the United States requiring the same elements of
proof, but such conviction need not relate to any act or acts asserted as acts
of criminal profiteering activity in such civil action under RCW 9A.82.100 (as
reenacted by this act).
(13)
"Real property" means any real property or interest in real property,
including but not limited to a land sale contract, lease, or mortgage of real
property.
(14)
"Records" means any book, paper, writing, record, computer program,
or other material.
(15)
"Repayment of an extension of credit" means the repayment,
satisfaction, or discharge in whole or in part of a debt or claim, acknowledged
or disputed, valid or invalid, resulting from or in connection with that
extension of credit.
(16)
"Stolen property" means property that has been obtained by theft,
robbery, or extortion.
(17)
"To collect an extension of credit" means to induce in any way a
person to make repayment thereof.
(18)
"To extend credit" means to make or renew a loan or to enter into an
agreement, tacit or express, whereby the repayment or satisfaction of a debt or
claim, whether acknowledged or disputed, valid or invalid, and however arising,
may or shall be deferred.
(19)
"Traffic" means to sell, transfer, distribute, dispense, or otherwise
dispose of stolen property to another person, or to buy, receive, possess, or
obtain control of stolen property, with intent to sell, transfer, distribute,
dispense, or otherwise dispose of the property to another person.
(20)(a)
"Trustee" means:
(i)
A person acting as a trustee under a trust established under Title 11 RCW in
which the trustee holds legal or record title to real property;
(ii)
A person who holds legal or record title to real property in which another
person has a beneficial interest; or
(iii)
A successor trustee to a person who is a trustee under (a)(i) or (ii) of this
subsection.
(b)
"Trustee" does not mean a person appointed or acting as:
(i)
A personal representative under Title 11 RCW;
(ii)
A trustee of any testamentary trust;
(iii)
A trustee of any indenture of trust under which a bond is issued; or
(iv)
A trustee under a deed of trust.
(21)
"Unlawful debt" means any money or other thing of value constituting
principal or interest of a debt that is legally unenforceable in the state in
full or in part because the debt was incurred or contracted:
(a)
In violation of any one of the following:
(i)
Chapter 67.16 RCW relating to horse racing;
(ii)
Chapter 9.46 RCW relating to gambling;
(b)
In a gambling activity in violation of federal law; or
(c)
In connection with the business of lending money or a thing of value at a rate
that is at least twice the permitted rate under the applicable state or federal
law relating to usury.
Sec.
4. RCW
9A.82.020 and 1985 c 455 s 3 and 1984 c 270 s 2 are each reenacted to read as
follows:
(1)
A person who knowingly makes an extortionate extension of credit is guilty of a
class B felony.
(2)
In a prosecution under this section, if it is shown that all of the following
factors are present in connection with the extension of credit, there is prima
facie evidence that the extension of credit was extortionate:
(a)
The repayment of the extension of credit, or the performance of any promise
given in consideration thereof, would be unenforceable at the time the
extension of credit was made through civil judicial processes against the
debtor in the county in which the debtor, if a natural person, resided or in
every county in which the debtor, if other than a natural person, was
incorporated or qualified to do business.
(b)
The extension of credit was made at a rate of interest in excess of an annual
rate of forty-five percent calculated according to the actuarial method of
allocating payments made on a debt between principal and interest, pursuant to
which a payment is applied first to the accumulated interest and the balance is
applied to the unpaid principal.
(c)
The creditor intended the debtor to believe that failure to comply with the
terms of the extension of credit would be enforced by extortionate means.
(d)
Upon the making of the extension of credit, the total of the extensions of
credit by the creditor to the debtor then outstanding, including any unpaid
interest or similar charges, exceeded one hundred dollars.
Sec.
5. RCW
9A.82.030 and 1985 c 455 s 4 and 1984 c 270 s 3 are each reenacted to read as
follows:
A
person who advances money or property, whether as a gift, loan, investment, or
pursuant to a partnership or profit-sharing agreement or otherwise, to any
person, with the knowledge that it is the intention of that person to use the
money or property so advanced, directly or indirectly, for the purpose of
making extortionate extensions of credit, is guilty of a class B felony.
Sec.
6. RCW
9A.82.040 and 1985 c 455 s 5 and 1984 c 270 s 4 are each reenacted to read as
follows:
A
person who knowingly participates in any way in the use of any extortionate
means to collect or attempt to collect any extensions of credit or to punish
any person for the nonrepayment thereof, is guilty of a class B felony.
Sec.
7. RCW
9A.82.045 and 1985 c 455 s 6 are each reenacted to read as follows:
It
is unlawful for any person knowingly to collect any unlawful debt. A violation
of this section is a class C felony.
Sec.
8. RCW
9A.82.050 and 1984 c 270 s 5 are each reenacted to read as follows:
(1)
A person who recklessly traffics in stolen property is guilty of trafficking in
stolen property in the second degree.
(2)
A person who knowingly initiates, organizes, plans, finances, directs, manages,
or supervises the theft of property for sale to others, or who knowingly
traffics in stolen property, is guilty of trafficking in stolen property in the
first degree.
(3)
Trafficking in stolen property in the second degree is a class C felony. Trafficking
in stolen property in the first degree is a class B felony.
Sec.
9. RCW
9A.82.060 and 1985 c 455 s 7 and 1984 c 270 s 6 are each reenacted to read as
follows:
(1)
A person commits the offense of leading organized crime by:
(a)
Intentionally organizing, managing, directing, supervising, or financing any
three or more persons with the intent to engage in a pattern of criminal
profiteering activity; or
(b)
Intentionally inciting or inducing others to engage in violence or intimidation
with the intent to further or promote the accomplishment of a pattern of
criminal profiteering activity.
(2)
Leading organized crime as defined in subsection (1)(a) of this section is a
class A felony, and as defined in subsection (1)(b) of this section is a class
B felony.
Sec.
10. RCW
9A.82.070 and 1984 c 270 s 7 are each reenacted to read as follows:
Whoever
knowingly gives, promises, or offers to any professional or amateur baseball,
football, hockey, polo, tennis, horse race, or basketball player or boxer or
any player or referee or other official who participates or expects to
participate in any professional or amateur game or sport, or to any manager,
coach, or trainer of any team or participant or prospective participant in any
such game, contest, or sport, any benefit with intent to influence the person
to lose or try to lose or cause to be lost or to limit the person's or person's
team's margin of victory or defeat, or in the case of a referee or other
official to affect the decisions or the performance of the official's duties in
any way, in a baseball, football, hockey, or basketball game, boxing, tennis,
horse race, or polo match, or any professional or amateur sport or game, in
which the player or participant or referee or other official is taking part or
expects to take part, or has any duty or connection therewith, is guilty of a
class C felony.
Sec.
11. RCW
9A.82.080 and 1985 c 455 s 8 and 1984 c 270 s 8 are each reenacted to read as
follows:
(1)
It is unlawful for a person who has knowingly received any of the proceeds
derived, directly or indirectly, from a pattern of criminal profiteering
activity to use or invest, whether directly or indirectly, any part of the
proceeds, or the proceeds derived from the investment or use thereof, in the
acquisition of any title to, or any right, interest, or equity in, real
property or in the establishment or operation of any enterprise.
(2)
It is unlawful for a person knowingly to acquire or maintain, directly or
indirectly, any interest in or control of any enterprise or real property
through a pattern of criminal profiteering activity.
(3)
It is unlawful for a person knowingly to conspire or attempt to violate
subsection (1) or (2) of this section.
(4)
A violation of subsection (1) or (2) of this section is a class B felony. A
violation of subsection (3) of this section is a class C felony.
Sec.
12. RCW
9A.82.085 and 1985 c 455 s 9 are each reenacted and amended to read as follows:
In
a criminal prosecution alleging a violation of RCW 9A.82.060 or 9A.82.080 (as
reenacted by this act), the state is barred from joining any offense other
than the offenses alleged to be part of the pattern of criminal profiteering
activity. When a defendant has been tried criminally for a violation of RCW
9A.82.060 or 9A.82.080 (as reenacted by this act), the state is barred
from subsequently charging the defendant with an offense that was alleged to be
part of the pattern of criminal profiteering activity for which he or she was
tried.
Sec.
13. RCW
9A.82.090 and 1985 c 455 s 10 and 1984 c 270 s 9 are each reenacted and amended
to read as follows:
During
the pendency of any criminal case charging a violation of RCW 9A.82.060 (as
reenacted by this act) or a violation of RCW 9A.82.080 (as reenacted by
this act), the superior court may, in addition to its other powers, issue
an order pursuant to RCW 9A.82.100 (2) or (3) (as reenacted by this act).
Upon conviction of a person for a violation of RCW 9A.82.060 (as reenacted
by this act) or a violation of RCW 9A.82.080 (as reenacted by this act),
the superior court may, in addition to its other powers of disposition, issue
an order pursuant to RCW 9A.82.100 (as reenacted by this act).
Sec.
14. RCW
9A.82.100 and 1989 c 271 s 111, 1985 c 455 s 11, and 1984 c 270 s 10 are each
reenacted and amended to read as follows:
(1)(a)
A person who sustains injury to his or her person, business, or property by an
act of criminal profiteering that is part of a pattern of criminal profiteering
activity or by a violation of RCW 9A.82.060 or 9A.82.080 (as reenacted by
this act) may file an action in superior court for the recovery of damages
and the costs of the suit, including reasonable investigative and attorney's
fees.
(b)
The attorney general or county prosecuting attorney may file an action: (i) On
behalf of those persons injured or, respectively, on behalf of the state or
county if the entity has sustained damages, or (ii) to prevent, restrain, or
remedy a pattern of criminal profiteering activity or a violation of RCW
9A.82.060 or 9A.82.080 (as reenacted by this act).
(c)
An action for damages filed by or on behalf of an injured person, the state, or
the county shall be for the recovery of damages and the costs of the suit,
including reasonable investigative and attorney's fees.
(d)
In an action filed to prevent, restrain, or remedy a pattern of criminal
profiteering activity or a violation of RCW 9A.82.060 or 9A.82.080 (as
reenacted by this act), the court, upon proof of the violation, may impose
a civil penalty not exceeding two hundred fifty thousand dollars, in addition
to awarding the cost of the suit, including reasonable investigative and
attorney's fees.
(2)
The superior court has jurisdiction to prevent, restrain, and remedy a pattern
of criminal profiteering or a violation of RCW 9A.82.060 or 9A.82.080 (as
reenacted by this act) after making provision for the rights of all
innocent persons affected by the violation and after hearing or trial, as
appropriate, by issuing appropriate orders.
(3)
Prior to a determination of liability, orders issued under subsection (2) of
this section may include, but are not limited to, entering restraining orders
or prohibitions or taking such other actions, including the acceptance of
satisfactory performance bonds, in connection with any property or other
interest subject to damages, forfeiture, or other restraints pursuant to this
section as the court deems proper. The orders may also include attachment,
receivership, or injunctive relief in regard to personal or real property
pursuant to Title 7 RCW. In shaping the reach or scope of receivership,
attachment, or injunctive relief, the superior court shall provide for the
protection of bona fide interests in property, including community property, of
persons who were not involved in the violation of this chapter, except to the
extent that such interests or property were acquired or used in such a way as
to be subject to forfeiture under RCW 9A.82.100(4)(f) (as reenacted by this
act).
(4)
Following a determination of liability, orders may include, but are not limited
to:
(a)
Ordering any person to divest himself or herself of any interest, direct or
indirect, in any enterprise.
(b)
Imposing reasonable restrictions on the future activities or investments of any
person, including prohibiting any person from engaging in the same type of
endeavor as the enterprise engaged in, the activities of which affect the laws
of this state, to the extent the Constitutions of the United States and this
state permit.
(c)
Ordering dissolution or reorganization of any enterprise.
(d)
Ordering the payment of actual damages sustained to those persons injured by a
violation of RCW 9A.82.060 or 9A.82.080 (as reenacted by this act) or an
act of criminal profiteering that is part of a pattern of criminal
profiteering, and in the court's discretion, increasing the payment to an
amount not exceeding three times the actual damages sustained.
(e)
Ordering the payment of all costs and expenses of the prosecution and
investigation of a pattern of criminal profiteering activity or a violation of
RCW 9A.82.060 or 9A.82.080 (as reenacted by this act), civil and
criminal, incurred by the state or county, including any costs of defense
provided at public expense, as appropriate to the state general fund or the
antiprofiteering revolving fund of the county.
(f)
Ordering forfeiture first as restitution to any person damaged by an act of
criminal profiteering that is part of a pattern of criminal profiteering then
to the state general fund or antiprofiteering revolving fund of the county, as
appropriate, to the extent not already ordered to be paid in other damages, of
the following:
(i)
Any property or other interest acquired or maintained in violation of RCW
9A.82.060 or 9A.82.080 (as reenacted by this act) to the extent of the
investment of funds, and any appreciation or income attributable to the
investment, from a violation of RCW 9A.82.060 or 9A.82.080 (as reenacted by
this act).
(ii)
Any property, contractual right, or claim against property used to influence
any enterprise that a person has established, operated, controlled, conducted,
or participated in the conduct of, in violation of RCW 9A.82.060 or 9A.82.080 (as
reenacted by this act).
(iii)
All proceeds traceable to or derived from an offense included in the pattern of
criminal profiteering activity and all moneys, negotiable instruments,
securities, and other things of value significantly used or intended to be used
significantly to facilitate commission of the offense.
(g)
Ordering payment to the state general fund or antiprofiteering revolving fund
of the county, as appropriate, of an amount equal to the gain a person has
acquired or maintained through an offense included in the definition of
criminal profiteering.
(5)
In addition to or in lieu of an action under this section, the attorney general
or county prosecuting attorney may file an action for forfeiture to the state
general fund or antiprofiteering revolving fund of the county, as appropriate,
to the extent not already ordered paid pursuant to this section, of the following:
(a)
Any interest acquired or maintained by a person in violation of RCW 9A.82.060
or 9A.82.080 (as reenacted by this act) to the extent of the investment
of funds obtained from a violation of RCW 9A.82.060 or 9A.82.080 (as
reenacted by this act) and any appreciation or income attributable to the
investment.
(b)
Any property, contractual right, or claim against property used to influence
any enterprise that a person has established, operated, controlled, conducted,
or participated in the conduct of, in violation of RCW 9A.82.060 or 9A.82.080 (as
reenacted by this act).
(c)
All proceeds traceable to or derived from an offense included in the pattern of
criminal profiteering activity and all moneys, negotiable instruments,
securities, and other things of value significantly used or intended to be used
significantly to facilitate the commission of the offense.
(6)
A defendant convicted in any criminal proceeding is precluded in any civil
proceeding from denying the essential allegations of the criminal offense
proven in the criminal trial in which the defendant was convicted. For the
purposes of this subsection, a conviction shall be deemed to have occurred upon
a verdict, finding, or plea of guilty, notwithstanding the fact that appellate
review of the conviction and sentence has been or may be sought. If a
subsequent reversal of the conviction occurs, any judgment that was based upon
that conviction may be reopened upon motion of the defendant.
(7)
The initiation of civil proceedings under this section shall be commenced
within three years after discovery of the pattern of criminal profiteering
activity or after the pattern should reasonably have been discovered.
(8)
The attorney general or county prosecuting attorney may, in a civil action
brought pursuant to this section, file with the clerk of the superior court a
certificate stating that the case is of special public importance. A copy of
that certificate shall be furnished immediately by the clerk to the presiding
chief judge of the superior court in which the action is pending and, upon
receipt of the copy, the judge shall immediately designate a judge to hear and
determine the action. The judge so designated shall promptly assign the action
for hearing, participate in the hearings and determination, and cause the
action to be expedited.
(9)
The standard of proof in actions brought pursuant to this section is the
preponderance of the evidence test.
(10)
A person other than the attorney general or county prosecuting attorney who
files an action under this section shall serve notice and one copy of the
pleading on the attorney general within thirty days after the action is filed
with the superior court. The notice shall identify the action, the person, and
the person's attorney. Service of the notice does not limit or otherwise
affect the right of the state to maintain an action under this section or
intervene in a pending action nor does it authorize the person to name the
state or the attorney general as a party to the action.
(11)
Except in cases filed by a county prosecuting attorney, the attorney general
may, upon timely application, intervene in any civil action or proceeding
brought under this section if the attorney general certifies that in the
attorney general's opinion the action is of special public importance. Upon
intervention, the attorney general may assert any available claim and is
entitled to the same relief as if the attorney general had instituted a
separate action.
(12)
In addition to the attorney general's right to intervene as a party in any
action under this section, the attorney general may appear as amicus curiae in
any proceeding in which a claim under this section has been asserted or in
which a court is interpreting RCW 9A.82.010, 9A.82.080, 9A.82.090, 9A.82.110,
or 9A.82.120 (as reenacted by this act), or this section.
(13)
A private civil action under this section does not limit any other civil or
criminal action under this chapter or any other provision. Private civil
remedies provided under this section are supplemental and not mutually
exclusive.
(14)
Upon motion by the defendant, the court may authorize the sale or transfer of
assets subject to an order or lien authorized by this chapter for the purpose
of paying actual attorney's fees and costs of defense. The motion shall
specify the assets for which sale or transfer is sought and shall be
accompanied by the defendant's sworn statement that the defendant has no other
assets available for such purposes. No order authorizing such sale or transfer
may be entered unless the court finds that the assets involved are not subject
to possible forfeiture under RCW 9A.82.100(4)(f) (as reenacted by this act).
Prior to disposition of the motion, the court shall notify the state of the
assets sought to be sold or transferred and shall hear argument on the issue of
whether the assets are subject to forfeiture under RCW 9A.82.100(4)(f) (as
reenacted by this act). Such a motion may be made from time to time and
shall be heard by the court on an expedited basis.
(15)
In an action brought under subsection (1)(a) and (b)(i) of this section, either
party has the right to a jury trial.
Sec.
15. RCW
9A.82.110 and 1985 c 455 s 12 and 1984 c 270 s 11 are each reenacted and
amended to read as follows:
(1)
Any payments or forfeiture to the state general fund ordered under RCW
9A.82.100 (4) or (5) (as reenacted by this act) shall be deposited in
the public safety and education account.
(2)
In an action brought by the attorney general on behalf of the state under RCW
9A.82.100(1)(b)(i) (as reenacted by this act) in which the state
prevails, any payments ordered in excess of the actual damages sustained shall
be deposited in the public safety and education account.
(3)
It is the intent of the legislature that the money deposited in the public
safety and education account pursuant to this chapter be appropriated to
promote crime victims' compensation.
(4)(a)
The county legislative authority may establish an antiprofiteering revolving
fund to be administered by the county prosecuting attorney under the conditions
and for the purposes provided by this subsection. Disbursements from the fund
shall be on authorization of the county prosecuting attorney. No appropriation
is required for disbursements.
(b)
Any prosecution and investigation costs, including attorney's fees, recovered
for the state by the county prosecuting attorney as a result of enforcement of
civil and criminal statutes pertaining to any offense included in the
definition of criminal profiteering, whether by final judgment, settlement, or
otherwise, shall be deposited, as directed by a court of competent
jurisdiction, in the fund established by this subsection. In an action brought
by a prosecuting attorney on behalf of the county under RCW 9A.82.100(1)(b)(i) (as
reenacted by this act) in which the county prevails, any payments ordered
in excess of the actual damages sustained shall be deposited in the public
safety and education account in the state general fund.
(c)
The county legislative authority may prescribe a maximum level of moneys in the
antiprofiteering revolving fund. Moneys exceeding the prescribed maximum shall
be transferred to the county current expense fund.
(d)
The moneys in the fund shall be used by the county prosecuting attorney for the
investigation and prosecution of any offense, within the jurisdiction of the
county prosecuting attorney, included in the definition of criminal
profiteering, including civil enforcement.
(e)
If a county has not established an antiprofiteering revolving fund, any
payments or forfeitures ordered to the county under this chapter shall be
deposited to the county current expense fund.
Sec.
16. RCW 9A.82.120
and 1985 c 455 s 13 and 1984 c 270 s 12 are each reenacted and amended to read
as follows:
(1)
The state, upon filing a criminal action under RCW 9A.82.060 or 9A.82.080 (as
reenacted by this act) or a civil action under RCW 9A.82.100 (as reenacted
by this act), may file in accordance with this section a criminal
profiteering lien. A filing fee or other charge is not required for filing a
criminal profiteering lien.
(2)
A criminal profiteering lien shall be signed by the attorney general or the county
prosecuting attorney representing the state in the action and shall set forth
the following information:
(a)
The name of the defendant whose property or other interests are to be subject
to the lien;
(b)
In the discretion of the attorney general or county prosecuting attorney filing
the lien, any aliases or fictitious names of the defendant named in the lien;
(c)
If known to the attorney general or county prosecuting attorney filing the
lien, the present residence or principal place of business of the person named
in the lien;
(d)
A reference to the proceeding pursuant to which the lien is filed, including
the name of the court, the title of the action, and the court's file number for
the proceeding;
(e)
The name and address of the attorney representing the state in the proceeding
pursuant to which the lien is filed;
(f)
A statement that the notice is being filed pursuant to this section;
(g)
The amount that the state claims in the action or, with respect to property or
other interests that the state has requested forfeiture to the state or county,
a description of the property or interests sought to be paid or forfeited;
(h)
If known to the attorney general or county prosecuting attorney filing the
lien, a description of property that is subject to forfeiture to the state or
property in which the defendant has an interest that is available to satisfy a
judgment entered in favor of the state; and
(i)
Such other information as the attorney general or county prosecuting attorney
filing the lien deems appropriate.
(3)
The attorney general or the county prosecuting attorney filing the lien may
amend a lien filed under this section at any time by filing an amended criminal
profiteering lien in accordance with this section that identifies the prior lien
amended.
(4)
The attorney general or the county prosecuting attorney filing the lien shall,
as soon as practical after filing a criminal profiteering lien, furnish to any
person named in the lien a notice of the filing of the lien. Failure to
furnish notice under this subsection does not invalidate or otherwise affect a
criminal profiteering lien filed in accordance with this section.
(5)(a)
A criminal profiteering lien is perfected against interests in personal
property in the same manner (([as])) as a security interest in
like property pursuant to RCW 62A.9-302, 62A.9-303, 62A.9-304, 62A.9-305, and
62A.9-306 or as otherwise required to perfect a security interest in like
property under applicable law. In the case of perfection by filing, the state
shall file, in lieu of a financing statement in the form prescribed by RCW
62A.9-402, a notice of lien in substantially the following form:
NOTICE OF LIEN
Pursuant
to RCW 9A.82.120 (as reenacted by this act), the state of Washington
claims a criminal profiteering lien on all real and personal property of:
Name:
. . . . . . . . . . .
Address:
. . . . . . . . . . .
. . . . . . . . . . .
State of Washington
...................................
By
(authorized signature)
On
receipt of such a notice from the state, a filing officer shall, without
payment of filing fee, file and index the notice as if it were a financing
statement naming the state as secured party and the defendant as debtor.
(b) A
criminal profiteering lien is perfected against interests in real property by
filing the lien in the office where a mortgage on the real estate would be
filed or recorded. The filing officer shall file and index the criminal
profiteering lien, without payment of a filing fee, in the same manner as a
mortgage.
(6)
The filing of a criminal profiteering lien in accordance with this section
creates a lien in favor of the state in:
(a)
Any interest of the defendant, in real property situated in the county in which
the lien is filed, then maintained, or thereafter acquired in the name of the
defendant identified in the lien;
(b)
Any interest of the defendant, in personal property situated in this state,
then maintained or thereafter acquired in the name of the defendant identified
in the lien; and
(c)
Any property identified in the lien to the extent of the defendant's interest
therein.
(7)
The lien created in favor of the state in accordance with this section, when
filed or otherwise perfected as provided in subsection (5) of this section,
has, with respect to any of the property described in subsection (6) of this
section, the same priority determined pursuant to the laws of this state as a
mortgage or security interest given for value (but not a purchase money
security interest) and perfected in the same manner with respect to such
property; except that any lien perfected pursuant to Title 60 RCW by any person
who, in the ordinary course of his business, furnishes labor, services, or
materials, or rents, leases, or otherwise supplies equipment, without knowledge
of the criminal profiteering lien, is superior to the criminal profiteering
lien.
(8)
Upon entry of judgment in favor of the state, the state may proceed to execute
thereon as in the case of any other judgment, except that in order to preserve
the state's lien priority as provided in this section the state shall, in
addition to such other notice as is required by law, give at least thirty days'
notice of the execution to any person possessing at the time the notice is
given, an interest recorded subsequent to the date the state's lien was
perfected.
(9)
Upon the entry of a final judgment in favor of the state providing for
forfeiture of property to the state, the title of the state to the property:
(a)
In the case of real property or a beneficial interest in real property, relates
back to the date of filing the criminal profiteering lien or, if no criminal
profiteering lien is filed, then to the date of recording of the final judgment
or the abstract thereof; or
(b)
In the case of personal property or a beneficial interest in personal property,
relates back to the date the personal property was seized by the state, or the
date of filing of a criminal profiteering lien in accordance with this section,
whichever is earlier, but if the property was not seized and no criminal
profiteering lien was filed then to the date the final judgment was filed with
the department of licensing and, if the personal property is an aircraft, with
the federal aviation administration.
(10)
This section does not limit the right of the state to obtain any order or
injunction, receivership, writ, attachment, garnishment, or other remedy
authorized under RCW 9A.82.100 (as reenacted by this act) or appropriate
to protect the interests of the state or available under other applicable law.
(11)
In a civil or criminal action under this chapter, the superior court shall
provide for the protection of bona fide interests in property, including community
property, subject to liens of persons who were not involved in the violation of
this chapter, except to the extent that such interests or property were
acquired or used in such a way as to be subject to forfeiture pursuant to RCW
9A.82.100(4)(f) (as reenacted by this act).
Sec.
17. RCW
9A.82.130 and 1985 c 455 s 14 and 1984 c 270 s 13 are each reenacted and
amended to read as follows:
(1)
A trustee who is personally served in the manner provided for service of legal
process with written notice that a lien notice has been recorded or a civil
proceeding or criminal proceeding has been instituted under this chapter
against any person for whom the trustee holds legal or record title to real
property, shall immediately furnish to the attorney general or county
prosecuting attorney the following:
(a)
The name and address of the person, as known to the trustee;
(b)
To the extent known to the trustee, the name and address of all other persons
for whose benefit the trustee holds title to the real property; and
(c)
If requested by the attorney general or county prosecuting attorney, a copy of
the trust agreement or other instrument under which the trustee holds legal or
record title to the real property.
(2)
The recording of a lien notice shall not constitute a lien on the record title
to real property owned by a trustee at the time of recording except to the
extent that trustee is named in and served with the lien notice as provided in
subsection (1) of this section. The attorney general or county prosecuting
attorney may bring a civil proceeding in superior court against the trustee to
recover from the trustee the amounts set forth in RCW 9A.82.150 (as
reenacted by this act). In addition to amounts recovered under RCW
9A.82.150 (as reenacted by this act), the attorney general or county
prosecuting attorney also may recover its investigative costs and attorneys'
fees.
(3)
The recording of a lien notice does not affect the use to which real property
or a beneficial interest owned by the person named in the lien notice may be
put or the right of the person to receive any avails, rents, or other proceeds
resulting from the use and ownership except the sale of the property, until a
judgment of forfeiture is entered.
(4)
This section does not apply to any conveyance by a trustee under a court order
unless the court order is entered in an action between the trustee and the
beneficiary.
(5)
Notwithstanding that a trustee is served with notice as provided in subsection
(1) of this section, this section does not apply to a conveyance by a trustee
required under the terms of any trust agreement in effect before service of
such notice on the trustee.
Sec.
18. RCW
9A.82.140 and 1985 c 455 s 15 and 1984 c 270 s 14 are each reenacted and
amended to read as follows:
(1)
The term of a lien notice shall be six years from the date the lien notice is
recorded. If a renewal lien notice is filed by the attorney general or county
prosecuting attorney, the term of the renewal lien notice shall be for six
years from the date the renewal lien notice is recorded. The attorney general
or county prosecuting attorney is entitled to only one renewal of the lien
notice.
(2)
The attorney general or county prosecuting attorney filing the lien notice may
release in whole or in part any lien notice or may release any specific
property or beneficial interest from the lien notice upon such terms and
conditions as the attorney general or county prosecuting attorney considers
appropriate and shall release any lien upon the dismissal of the action which
is the basis of the lien or satisfaction of the judgment of the court in the
action or other final disposition of the claim evidenced by the lien. A
release of a lien notice executed by the attorney general or county prosecuting
attorney shall be recorded in the official records in which the lien notice
covering that property was recorded. No charge or fee may be imposed for
recording any release of a lien notice.
(3)(a)
A person named in the lien notice may move the court in which the civil
proceeding giving rise to the lien notice is pending for an order extinguishing
the lien notice.
(b)
Upon the motion of a person under (a) of this subsection, the court immediately
shall enter an order setting a date for hearing, which shall be not less than
five nor more than ten days after the motion is filed. The order and a copy of
the motion shall be served on the attorney general or county prosecuting
attorney within three days after the entry of the court's order. At the
hearing, the court shall take evidence on the issue of whether any property or
beneficial interest owned by the person is covered by the lien notice or
otherwise subject to forfeiture under RCW 9A.82.120 (as reenacted by this
act). If the person shows by a preponderance of the evidence that the lien
notice is not applicable to the person or that any property or beneficial
interest owned by the person is not subject to forfeiture under RCW 9A.82.120 (as
reenacted by this act), the court shall enter a judgment extinguishing the
lien notice or releasing the property or beneficial interest from the lien
notice.
(c)
The court may enter an order releasing from the lien notice any specific real
property or beneficial interest if, at the time the lien notice is recorded,
there is pending an arms length sale of the real property or beneficial
interest in which the parties are under no undue compulsion to sell or buy and
are able, willing, and reasonably well informed and the sale is for the fair
market value of the real property or beneficial interest and the recording of
the lien notice prevents the sale of the property or interest. The proceeds
resulting from the sale of the real property or beneficial interest shall be
deposited with the court, subject to the further order of the court.
(d)
At any time after filing of a lien, the court may release from the lien any
property upon application by the defendant and posting of security equal to the
value of the property to be released.
Sec.
19. RCW
9A.82.150 and 1985 c 455 s 16 and 1984 c 270 s 15 are each reenacted and
amended to read as follows:
(1)
If a trustee conveys title to real property for which, at the time of the
conveyance, the trustee has been personally served with notice as provided in
RCW 9A.82.130(1) (as reenacted by this act) of a lien under this
chapter, the trustee shall be liable to the state for the greater of:
(a)
The amount of proceeds received by the person named in the lien notice as a
result of the conveyance;
(b)
The amount of proceeds received by the trustee as a result of the conveyance
and distributed by the trustee to the person named in the lien notice; or
(c)
The fair market value of the interest of the person named in the lien notice in
the real property so conveyed.
(2)
If the trustee conveys the real property for which a lien notice has been
served on the trustee at the time of the conveyance and holds the proceeds that
would otherwise be paid or distributed to the beneficiary or at the direction
of the beneficiary or beneficiary's designee, the trustee's liability shall not
exceed the amount of the proceeds so held so long as the trustee continues to
hold the proceeds.
Sec.
20. RCW
9A.82.160 and 1985 c 455 s 17 and 1984 c 270 s 16 are each reenacted and
amended to read as follows:
A
trustee who knowingly fails to comply with RCW 9A.82.130(1) (as reenacted by
this act) is guilty of a gross misdemeanor. A trustee who conveys title to
real property after service of the notice as provided in RCW 9A.82.130(1) (as
reenacted by this act) with the intent to evade the provisions of RCW
9A.82.100 or 9A.82.120 (as reenacted by this act) with respect to such
property is guilty of a class C felony.
Sec.
21. RCW
9A.82.170 and 1985 c 455 s 18 and 1984 c 270 s 17 are each reenacted and
amended to read as follows:
(1)
Upon request of the attorney general or prosecuting attorney, a subpoena for
the production of records of a financial institution may be signed and issued
by a superior court judge if there is reason to believe that an act of criminal
profiteering or a violation of RCW 9A.82.060 or 9A.82.080 (as reenacted by
this act) has occurred or is occurring and that the records sought will
materially aid in the investigation of such activity or appears reasonably
calculated to lead to the discovery of information that will do so. The
subpoena shall be served on the financial institution as in civil actions. The
court may, upon motion timely made and in any event before the time specified
for compliance with the subpoena, condition compliance upon advancement by the
attorney general or prosecuting attorney of the reasonable costs of producing
the records specified in the subpoena.
(2)
A response to a subpoena issued under this section is sufficient if a copy or
printout, duly authenticated by an officer of the financial institution as a
true and correct copy or printout of its records, is provided, unless otherwise
provided in the subpoena for good cause shown.
(3)
Except as provided in this subsection, a financial institution served with a
subpoena under this section shall not disclose to the customer the fact that a
subpoena seeking records relating to the customer has been served. A judge of
the superior court may order the attorney general, prosecuting attorney, or
financial institution to advise the financial institution's customer of the
subpoena. Unless ordered to do so by the court, disclosure of the subpoena by
the financial institution or any of its employees to the customer is a
misdemeanor.
(((3)
[(4)])) (4) A financial institution shall be reimbursed in an amount
set by the court for reasonable costs incurred in providing information
pursuant to this section.
(((4)
[(5)])) (5) This section does not preclude the use of other legally
authorized means of obtaining records, nor preclude the assertion of any
legally recognized privileges.
(((5)
[(6)])) (6) Disclosure by the attorney general, county prosecuting
attorney, or any peace officer or other person designated by the attorney
general or the county prosecuting attorney, of information obtained under this
section, except in the proper discharge of official duties, is punishable as a
misdemeanor.
(((6)
[(7)])) (7) Upon filing of any civil or criminal action, the
nondisclosure requirements of any subpoena or order under this section shall
terminate, and the attorney general or prosecuting attorney filing the action
shall provide to the defendant copies of all subpoenas or other orders issued
under this section.
(((7)
[(8)])) (8) A financial institution shall not be civilly liable for
harm resulting from its compliance with the provisions of this chapter.
Sec.
22. RCW
9A.82.900 and 1984 c 270 s 20 are each reenacted to read as follows:
If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
Sec.
23. RCW
9A.82.901 and 1985 c 455 s 20 and 1984 c 270 s 21 are each reenacted to read as
follows:
Sections
12, 13, 14, 15, and 16, chapter 270, Laws of 1984 as amended by sections 13,
14, 15, 16, and 17 of this 1985 act shall take effect on July 1, 1986, and the
remainder of chapter 270, Laws of 1984 shall take effect on July 1, 1985.
Sec.
24. RCW
9.94A.320 and 2000 c 225 s 5, 2000 c 119 s 17, and 2000 c 66 s 2 are each
reenacted and amended to read as follows:
TABLE 2
CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
XVIAggravated Murder 1 (RCW 10.95.020)
XVHomicide by abuse (RCW 9A.32.055)
Malicious explosion 1 (RCW 70.74.280(1))
Murder 1 (RCW 9A.32.030)
XIVMurder 2 (RCW 9A.32.050)
XIIIMalicious explosion 2 (RCW 70.74.280(2))
Malicious placement of an explosive 1 (RCW
70.74.270(1))
XIIAssault 1 (RCW 9A.36.011)
Assault of a Child 1 (RCW 9A.36.120)
Malicious placement of an imitation device 1 (RCW
70.74.272(1)(a))
Rape 1 (RCW 9A.44.040)
Rape of a Child 1 (RCW 9A.44.073)
XIManslaughter 1 (RCW 9A.32.060)
Rape 2 (RCW 9A.44.050)
Rape of a Child 2 (RCW 9A.44.076)
XChild Molestation 1 (RCW 9A.44.083)
Indecent Liberties (with forcible compulsion) (RCW
9A.44.100(1)(a))
Kidnapping 1 (RCW 9A.40.020)
Leading Organized Crime (RCW 9A.82.060(1)(a) (as
reenacted by this act))
Malicious explosion 3 (RCW 70.74.280(3))
Manufacture of methamphetamine (RCW
69.50.401(a)(1)(ii))
Over 18 and deliver heroin, methamphetamine, a narcotic
from Schedule I or II, or flunitrazepam from Schedule IV to someone under 18
(RCW 69.50.406)
IXAssault of a Child 2 (RCW 9A.36.130)
Controlled Substance Homicide (RCW 69.50.415)
Explosive devices prohibited (RCW 70.74.180)
Homicide by Watercraft, by being under the influence of
intoxicating liquor or any drug (RCW 79A.60.050)
Inciting Criminal Profiteering (RCW 9A.82.060(1)(b) (as
reenacted by this act))
Malicious placement of an explosive 2 (RCW
70.74.270(2))
Over 18 and deliver narcotic from Schedule III, IV, or
V or a nonnarcotic, except flunitrazepam or methamphetamine, from Schedule I-V
to someone under 18 and 3 years junior (RCW 69.50.406)
Robbery 1 (RCW 9A.56.200)
Sexual Exploitation (RCW 9.68A.040)
Vehicular Homicide, by being under the influence of
intoxicating liquor or any drug (RCW 46.61.520)
VIIIArson 1 (RCW 9A.48.020)
Deliver or possess with intent to deliver
methamphetamine (RCW 69.50.401(a)(1)(ii))
Hit and Run‑-Death (RCW 46.52.020(4)(a))
Homicide by Watercraft, by the operation of any vessel
in a reckless manner (RCW 79A.60.050)
Manslaughter 2 (RCW 9A.32.070)
Manufacture, deliver, or possess with intent to deliver
amphetamine (RCW 69.50.401(a)(1)(ii))
Manufacture, deliver, or possess with intent to deliver
heroin or cocaine (RCW 69.50.401(a)(1)(i))
Possession of Ephedrine, Pseudoephedrine, or Anhydrous
Ammonia with intent to manufacture methamphetamine (RCW 69.50.440)
Promoting Prostitution 1 (RCW 9A.88.070)
Selling for profit (controlled or counterfeit) any
controlled substance (RCW 69.50.410)
Theft of Anhydrous Ammonia (RCW 69.55.010)
Vehicular Homicide, by the operation of any vehicle in
a reckless manner (RCW 46.61.520)
VIIBurglary 1 (RCW 9A.52.020)
Child Molestation 2 (RCW 9A.44.086)
Dealing in depictions of minor engaged in sexually
explicit conduct (RCW 9.68A.050)
Drive-by Shooting (RCW 9A.36.045)
Homicide by Watercraft, by disregard for the safety of
others (RCW 79A.60.050)
Indecent Liberties (without forcible compulsion) (RCW
9A.44.100(1) (b) and (c))
Introducing Contraband 1 (RCW 9A.76.140)
Involving a minor in drug dealing (RCW 69.50.401(f))
Malicious placement of an explosive 3 (RCW
70.74.270(3))
Sending, bringing into state depictions of minor
engaged in sexually explicit conduct (RCW 9.68A.060)
Unlawful Possession of a Firearm in the first degree
(RCW 9.41.040(1)(a))
Use of a Machine Gun in Commission of a Felony (RCW
9.41.225)
Vehicular Homicide, by disregard for the safety of
others (RCW 46.61.520)
VIBail Jumping with Murder 1 (RCW 9A.76.170(2)(a))
Bribery (RCW 9A.68.010)
Incest 1 (RCW 9A.64.020(1))
Intimidating a Judge (RCW 9A.72.160)
Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130)
Malicious placement of an imitation device 2 (RCW
70.74.272(1)(b))
Manufacture, deliver, or possess with intent to deliver
narcotics from Schedule I or II (except heroin or cocaine) or flunitrazepam
from Schedule IV (RCW 69.50.401(a)(1)(i))
Rape of a Child 3 (RCW 9A.44.079)
Theft of a Firearm (RCW 9A.56.300)
Unlawful Storage of Anhydrous Ammonia (RCW 69.55.020)
VAbandonment of dependent person 1 (RCW 9A.42.060)
Advancing money or property for extortionate extension
of credit (RCW 9A.82.030 (as reenacted by this act))
Bail Jumping with class A Felony (RCW 9A.76.170(2)(b))
Child Molestation 3 (RCW 9A.44.089)
Criminal Mistreatment 1 (RCW 9A.42.020)
Custodial Sexual Misconduct 1 (RCW 9A.44.160)
Delivery of imitation controlled substance by person
eighteen or over to person under eighteen (RCW 69.52.030(2))
Domestic Violence Court Order Violation (RCW 10.99.040,
10.99.050, 26.09.300, 26.10.220, 26.26.138, 26.50.110, 26.52.070, or 74.34.145)
Extortion 1 (RCW 9A.56.120)
Extortionate Extension of Credit (RCW 9A.82.020 (as
reenacted by this act))
Extortionate Means to Collect Extensions of Credit (RCW
9A.82.040 (as reenacted by this act))
Incest 2 (RCW 9A.64.020(2))
Kidnapping 2 (RCW 9A.40.030)
Perjury 1 (RCW 9A.72.020)
Persistent prison misbehavior (RCW 9.94.070)
Possession of a Stolen Firearm (RCW 9A.56.310)
Rape 3 (RCW 9A.44.060)
Rendering Criminal Assistance 1 (RCW 9A.76.070)
Sexual Misconduct with a Minor 1 (RCW 9A.44.093)
Sexually Violating Human Remains (RCW 9A.44.105)
Stalking (RCW 9A.46.110)
IVArson 2 (RCW 9A.48.030)
Assault 2 (RCW 9A.36.021)
Assault by Watercraft (RCW 79A.60.060)
Bribing a Witness/Bribe Received by Witness (RCW
9A.72.090, 9A.72.100)
Commercial Bribery (RCW 9A.68.060)
Counterfeiting (RCW 9.16.035(4))
Escape 1 (RCW 9A.76.110)
Hit and Run‑-Injury (RCW 46.52.020(4)(b))
Hit and Run with Vessel‑-Injury Accident (RCW
79A.60.200(3))
Indecent Exposure to Person Under Age Fourteen
(subsequent sex offense) (RCW 9A.88.010)
Influencing Outcome of Sporting Event (RCW 9A.82.070 (as
reenacted by this act))
Knowingly Trafficking in Stolen Property (RCW
9A.82.050(2) (as reenacted by this act))
Malicious Harassment (RCW 9A.36.080)
Manufacture, deliver, or possess with intent to deliver
narcotics from Schedule III, IV, or V or nonnarcotics from Schedule I-V (except
marijuana, amphetamine, methamphetamines, or flunitrazepam) (RCW
69.50.401(a)(1) (iii) through (v))
Residential Burglary (RCW 9A.52.025)
Robbery 2 (RCW 9A.56.210)
Theft of Livestock 1 (RCW 9A.56.080)
Threats to Bomb (RCW 9.61.160)
Use of Proceeds of Criminal Profiteering (RCW 9A.82.080
(1) and (2) (as reenacted by this act))
Vehicular Assault (RCW 46.61.522)
Willful Failure to Return from Furlough (RCW 72.66.060)
IIIAbandonment of dependent person 2 (RCW 9A.42.070)
Assault 3 (RCW 9A.36.031)
Assault of a Child 3 (RCW 9A.36.140)
Bail Jumping with class B or C Felony (RCW
9A.76.170(2)(c))
Burglary 2 (RCW 9A.52.030)
Communication with a Minor for Immoral Purposes (RCW
9.68A.090)
Criminal Gang Intimidation (RCW 9A.46.120)
Criminal Mistreatment 2 (RCW 9A.42.030)
Custodial Assault (RCW 9A.36.100)
Delivery of a material in lieu of a controlled
substance (RCW 69.50.401(c))
Escape 2 (RCW 9A.76.120)
Extortion 2 (RCW 9A.56.130)
Harassment (RCW 9A.46.020)
Intimidating a Public Servant (RCW 9A.76.180)
Introducing Contraband 2 (RCW 9A.76.150)
Maintaining a Dwelling or Place for Controlled
Substances (RCW 69.50.402(a)(6))
Malicious Injury to Railroad Property (RCW 81.60.070)
Manufacture, deliver, or possess with intent to deliver
marijuana (RCW 69.50.401(a)(1)(iii))
Manufacture, distribute, or possess with intent to
distribute an imitation controlled substance (RCW 69.52.030(1))
Patronizing a Juvenile Prostitute (RCW 9.68A.100)
Perjury 2 (RCW 9A.72.030)
Possession of Incendiary Device (RCW 9.40.120)
Possession of Machine Gun or Short-Barreled Shotgun or
Rifle (RCW 9.41.190)
Promoting Prostitution 2 (RCW 9A.88.080)
Recklessly Trafficking in Stolen Property (RCW
9A.82.050(1) (as reenacted by this act))
Securities Act violation (RCW 21.20.400)
Tampering with a Witness (RCW 9A.72.120)
Telephone Harassment (subsequent conviction or threat
of death) (RCW 9.61.230)
Theft of Livestock 2 (RCW 9A.56.080)
Unlawful Imprisonment (RCW 9A.40.040)
Unlawful possession of firearm in the second degree
(RCW 9.41.040(1)(b))
Unlawful Use of Building for Drug Purposes (RCW
69.53.010)
Willful Failure to Return from Work Release (RCW
72.65.070)
IIComputer Trespass 1 (RCW 9A.52.110)
Counterfeiting (RCW 9.16.035(3))
Create, deliver, or possess a counterfeit controlled
substance (RCW 69.50.401(b))
Escape from Community Custody (RCW 72.09.310)
Health Care False Claims (RCW 48.80.030)
Malicious Mischief 1 (RCW 9A.48.070)
Possession of controlled substance that is either
heroin or narcotics from Schedule I or II or flunitrazepam from Schedule IV
(RCW 69.50.401(d))
Possession of phencyclidine (PCP) (RCW 69.50.401(d))
Possession of Stolen Property 1 (RCW 9A.56.150)
Theft 1 (RCW 9A.56.030)
Theft of Rental, Leased, or Lease-purchased Property
(valued at one thousand five hundred dollars or more) (RCW 9A.56.096(4))
Trafficking in Insurance Claims (RCW 48.30A.015)
Unlawful Practice of Law (RCW 2.48.180)
Unlicensed Practice of a Profession or Business (RCW
18.130.190(7))
IAttempting to Elude a Pursuing Police Vehicle (RCW
46.61.024)
False Verification for Welfare (RCW 74.08.055)
Forged Prescription (RCW 69.41.020)
Forged Prescription for a Controlled Substance (RCW
69.50.403)
Forgery (RCW 9A.60.020)
Malicious Mischief 2 (RCW 9A.48.080)
Possess Controlled Substance that is a Narcotic from
Schedule III, IV, or V or Non-narcotic from Schedule I-V (except phencyclidine
or flunitrazepam) (RCW 69.50.401(d))
Possession of Stolen Property 2 (RCW 9A.56.160)
Reckless Burning 1 (RCW 9A.48.040)
Taking Motor Vehicle Without Permission (RCW 9A.56.070)
Theft 2 (RCW 9A.56.040)
Theft of Rental, Leased, or Lease-purchased Property
(valued at two hundred fifty dollars or more but less than one thousand five
hundred dollars) (RCW 9A.56.096(4))
Unlawful Issuance of Checks or Drafts (RCW 9A.56.060)
Unlawful Use of Food Stamps (RCW 9.91.140 (2) and (3))
Vehicle Prowl 1 (RCW 9A.52.095)
NEW
SECTION. Sec. 25. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and takes effect immediately.
