1206-S2 AMH KAGI WALK 027

2SHB 1206 - H AMD TO H AMD (1206-S2 AMH DAHL WALK 022) 273

By Representative Kagi

ADOPTED 03/03/2011

    On page 2, line 8 of the striking amendment, after "duties" insert ". For the purposes of (b)(iii) and (b)(iv) of this subsection, the fear from the threat must be a fear that a reasonable criminal justice participant would have under all the circumstances. Threatening words do not constitute harassment if it is apparent to the criminal justice participant that the person does not have the present and future ability to carry out the threat"

    On page 4, after line 19 of the striking amendment, insert the following:

    "NEW SECTION. Sec. 3. A new section is added to chapter 9.94A RCW to read as follows:

The sentencing guidelines commission shall report to the appropriate committees of the legislature by December 1, 2011, and every year thereafter, on the number of prosecutions under section 1 (2)(b)(iii) and section 1(2)(b)(iv) of this act.

NEW SECTION. Sec. 4. Sections 1 through 3 of this act expire July 1, 2018."

    Correct the title.

EFFECT:

· Clarifies that the threat that a criminal justice participant receives must create a fear that a reasonable criminal justice participant would have under all the circumstances and that "threatening words" do not constitute harassment if it is apparent to the victim that the offender does not have the present and future ability to carry out the threat.

· Requires the Sentencing Guidelines Commission to annually report to the Legislature on the number of prosecutions of harassment crimes against criminal justice participants under the act.

· Requires the act to expire on July 1, 2018.

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