BILL REQ. #:  H-1695.1 

READ FIRST TIME 02/20/03.   

     AN ACT Relating to creating the crime of mineral trespass; adding new sections to chapter 78.44 RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   (1) A person commits the crime of mineral trespass if the person:
     (a) Intentionally and without the permission of the claim holder:
     (i) Enters a mining claim posted as required in chapter 78.08 RCW and disturbs, removes, or attempts to remove any mineral from the claim site;
     (ii) Tampers with or disturbs a flume, rocker box, bedrock sluice, sluice box, dredge, quartz mill, or other mining equipment at a posted claim site; or
     (iii) Defaces a location stake, side post, corner post, landmark, monument, or posted written notice within a posted mining claim;
     (b) Intentionally interferes with a lawful small scale mining operation that is in full compliance with state and federal laws; or
     (c) Intentionally stops, or causes to be stopped, a lawful small scale mining operation that is in full compliance with state and federal laws.
     (2) Mineral trespass is a gross misdemeanor.

NEW SECTION.  Sec. 2   (1) Section 1 of this act does not apply to conduct that would otherwise constitute an offense when it is required or authorized by law or judicial decree or is performed by a public servant in the reasonable exercise of official powers, duties, or functions.
     (2) As used in subsection (1) of this section, "law or judicial decree" includes but is not limited to:
     (a) Laws defining duties and functions of public servants;
     (b) Laws defining duties of private citizens to assist public servants in the performance of certain of their functions; and
     (c) Judgments and orders of courts.

NEW SECTION.  Sec. 3   Sections 1 and 2 of this act are each added to chapter 78.44 RCW.