SENATE BILL REPORT

SB 5280

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.

As Reported by Senate Committee On:

Law & Justice, February 16, 2017

Title: An act relating to making crimes and threats against persons because of their occupation as a law enforcement officer a hate crime.

Brief Description: Making crimes and threats against persons because of their occupation as a law enforcement officer a hate crime.

Sponsors: Senators Honeyford, Rivers, Becker, Sheldon, Brown, Angel, Miloscia, Warnick, Padden, Bailey and Wilson.

Brief History:

Committee Activity: Law & Justice: 2/02/17, 2/16/17 [DP].

Brief Summary of Bill

  • Adds the perception of the victim's occupation as a law enforcement officer as a prohibited act constituting malicious harassment.

  • Adds assault in the third degree involving a law enforcement officer to the other crimes that may constitute harassment.

  • Removes causing bodily harm to another person by means of a weapon or other instrument or thing likely to produce bodily harm as assault in the third degree.

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report: Do pass.

Signed by Senators Padden, Chair; O'Ban, Vice Chair; Pedersen, Ranking Minority Member; Angel, Darneille, Frockt and Wilson.

Staff: Aldo Melchiori (786-7439)

Background: A person is guilty of malicious harassment if they maliciously and intentionally commit one of the following acts because of their perception of the victim's race, color, religion, ancestry, national origin, gender, sexual orientation, or mental, physical, or sensory handicap:

Words alone do not constitute malicious harassment unless the context or circumstances surrounding the words indicate the words are a threat. Threatening words do not constitute malicious harassment if it is apparent to the victim that the person does not have the ability to carry out the threat. Malicious harassment is a Class C felony ranked at Level IV on the sentencing grid—3-9 months and/or up to a $10,000 fine for a first offense.

A person is guilty of harassment if:

A person who harasses another is guilty of a gross misdemeanor—up to 364 days in jail and/or up to a $5,000 fine—unless any of the following factors apply, in which case it is a Class C felony:

There are 38 enumerated crimes that are included in the definition of harassment.

Assault in the third degree is a Class C felony ranked at Level III on the sentencing grid—1-3 months and/or up to a $10,000 fine for a first offense—unless the person uses a stun gun against a peace officer, in which case it is ranked at Level IV—3-9 months and/or up to a $10,000 fine for a first offense. Assault in this degree is committed if a person:

Summary of Bill: A person commits malicious harassment if the person commits one of the prohibited acts because of their perception of the victim's occupation as a law enforcement officer. Assault in the third degree involving a law enforcement officer is added to the other crimes that may constitute harassment.

It is not assault in the third degree to cause bodily harm to another person by means of a weapon or other instrument or thing likely to produce bodily harm. Assault using a deadly weapon remains an assault in the second degree.

Appropriation: None.

Fiscal Note: Available.

Creates Committee/Commission/Task Force that includes Legislative members: No.

Effective Date: The bill contains an emergency clause and takes effect immediately.

Staff Summary of Public Testimony: PRO: People become law enforcement officers because they have a strong belief in our state and our country. They risk their lives every day to protect us all. This will help protect police and let them go home to their families. Nationwide in 2016, 63 of the 140 law enforcement officers that lost their lives were victims of firearm violence. In 2017, 15 officers have already lost their lives and 5 of those were shot.

Persons Testifying: PRO: Senator Jim Honeyford, Prime Sponsor.

Persons Signed In To Testify But Not Testifying: PRO: Marco Monteblanco, citizen; Kelly Monteblanco, citizen; Michael Sargent, WACOPS; Dennis Seinger Jr., Washington Forestry Public Policy Group; Bud Sizemore, WACOPS.

CON: Dr. Karen Johnson, Black Alliance of Thurston County