Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Public Safety & Emergency Preparedness Committee

HB 2559

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Expanding bribery provisions.

Sponsors: Representatives Morris and Kelley.

Brief Summary of Bill

• Amends the offense of bribery to explicitly include campaign contributions.

Hearing Date: 1/27/12

Staff: Sarah Koster (786-7303).

Background:

Under current law, a person is guilty of bribery if:

  1. with the intent to secure a particular result in a particular matter involving the exercise of the public servant's vote, opinion, judgment, exercise of discretion, or other action in his or her official capacity, he or she offers, confers, or agrees to confer any pecuniary benefit upon such public servant; or

  2. being a public servant, he or she requests, accepts, or agrees to accept any pecuniary benefit pursuant to an agreement or understanding that his or her vote, opinion, judgment, exercise of discretion, or other action as a public servant will be used to secure or attempt to secure a particular result in a particular matter.

It is not a defense to a prosecution for bribery that the public servant sought to be influenced was not qualified to act in the desired way, whether because he or she had not yet assumed office, lacked jurisdiction, or for any other reason.

Bribery is a class B felony.

Summary of Bill:

House Bill 2559 amends the bribery statute to explicitly identify campaign contributions as a form of "pecuniary benefit" which can constitute bribery when conferred upon a public servant, with the intent to secure a particular result in a particular matter involving the public servant's vote, opinion, judgment, exercise of discretion, or other action in his or her official capacity.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.