BILL REQ. #: H-1930.1
| State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/23/11.
AN ACT Relating to harassment against criminal justice participants; amending RCW 9A.46.020; reenacting and amending RCW 40.24.030; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 9A.46.020 and 2003 c 53 s 69 are each amended to read
as follows:
(1) A person is guilty of harassment if:
(a) Without lawful authority, the person knowingly threatens:
(i) To cause bodily injury immediately or in the future to the
person threatened or to any other person; or
(ii) To cause physical damage to the property of a person other
than the actor; or
(iii) To subject the person threatened or any other person to
physical confinement or restraint; or
(iv) Maliciously to do any other act which is intended to
substantially harm the person threatened or another with respect to his
or her physical or mental health or safety; and
(b) The person by words or conduct places the person threatened in
reasonable fear that the threat will be carried out. "Words or
conduct" includes, in addition to any other form of communication or
conduct, the sending of an electronic communication.
(2)(a) Except as provided in (b) of this subsection, a person who
harasses another is guilty of a gross misdemeanor.
(b) A person who harasses another is guilty of a class C felony if
either of the following applies: (i) The person has previously been
convicted in this or any other state of any crime of harassment, as
defined in RCW 9A.46.060, of the same victim or members of the victim's
family or household or any person specifically named in a no-contact or
no-harassment order; ((or)) (ii) the person harasses another person
under subsection (1)(a)(i) of this section by threatening to kill the
person threatened or any other person; (iii) the person harasses a
criminal justice participant who is performing his or her official
duties at the time the threat is made; or (iv) the person harasses a
criminal justice participant because of an action taken or decision
made by the criminal justice participant during the performance of his
or her official duties.
(3) Any criminal justice participant who believes he or she is a
target for threats or harassment prohibited under this act, and any
family members residing with him or her, shall be eligible for the
address confidentiality program created under RCW 40.24.030.
(4) For purposes of this section, a criminal justice participant
includes any federal, state, or local law enforcement agency employee;
federal, state, or local prosecuting attorney or deputy prosecuting
attorney; staff member of any adult corrections institution or local
adult detention facility; staff member of any juvenile corrections
institution or local juvenile detention facility; community corrections
officer, probation, or parole officer; member of the indeterminate
sentence review board; advocate from a crime victim/witness program; or
defense attorney.
(5) The penalties provided in this section for harassment do not
preclude the victim from seeking any other remedy otherwise available
under law.
Sec. 2 RCW 40.24.030 and 2008 c 312 s 3 and 2008 c 18 s 2 are
each reenacted and amended to read as follows:
(1) An adult person, a parent or guardian acting on behalf of a
minor, or a guardian acting on behalf of an incapacitated person, as
defined in RCW 11.88.010, and any criminal justice participant as
defined in RCW 9A.46.020 or any family member residing with the
criminal justice participant who is a target for threats or harassment
prohibited under this act may apply to the secretary of state to have
an address designated by the secretary of state serve as the person's
address or the address of the minor or incapacitated person. The
secretary of state shall approve an application if it is filed in the
manner and on the form prescribed by the secretary of state and if it
contains:
(a) A sworn statement, under penalty of perjury, by the applicant
that the applicant has good reason to believe (i) that the applicant,
or the minor or incapacitated person on whose behalf the application is
made, is a victim of domestic violence, sexual assault, trafficking, or
stalking; and (ii) that the applicant fears for his or her safety or
his or her children's safety, or the safety of the minor or
incapacitated person on whose behalf the application is made;
(b) If applicable, a sworn statement, under penalty of perjury, by
the applicant, that the applicant has reason to believe they are a
victim of domestic violence, sexual assault, or stalking perpetrated by
an employee of a law enforcement agency;
(c) A designation of the secretary of state as agent for purposes
of service of process and for the purpose of receipt of mail;
(d) The residential address and any telephone number where the
applicant can be contacted by the secretary of state, which shall not
be disclosed because disclosure will increase the risk of domestic
violence, sexual assault, trafficking, or stalking;
(e) The signature of the applicant and of any individual or
representative of any office designated in writing under RCW 40.24.080
who assisted in the preparation of the application, and the date on
which the applicant signed the application.
(2) Applications shall be filed with the office of the secretary of
state.
(3) Upon filing a properly completed application, the secretary of
state shall certify the applicant as a program participant. Applicants
shall be certified for four years following the date of filing unless
the certification is withdrawn or invalidated before that date. The
secretary of state shall by rule establish a renewal procedure.
(4) A person who falsely attests in an application that disclosure
of the applicant's address would endanger the applicant's safety or the
safety of the applicant's children or the minor or incapacitated person
on whose behalf the application is made, or who knowingly provides
false or incorrect information upon making an application, shall be
punishable under RCW 40.16.030 or other applicable statutes.