AN ACT Relating to criminal profiteering; amending RCW 9A.82.010, 9A.82.020, 9A.82.030, 9A.82.060, 9A.82.080, 9A.82.090, 9A.82.100, 9A.82.110, 9A.82.120, 9A.82.170, 9A.04.080, and 9A.82.901; adding new sections to chapter 9A.82 RCW; repealing RCW 9A.82.010, 9A.82.020, 9A.82.030, 9A.82.040, 9A.82.___, 9A.82.050, 9A.82.060, 9A.82.070, 9A.82.080, 9A.82.___, 9A.82.090, 9A.82.100, 9A.82.110, 9A.82.120, 9A.82.130, 9A.82.140, 9A.82.150, 9A.82.160, 9A.82.170, 9A.82.900, and 9A.82.901; repealing section 18, chapter 270, Laws of 1984, section 13 of this 1985 act; prescribing penalties; declaring an emergency; and providing effective dates.

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

Sec. 1. Section 1, chapter 270, Laws of 1984 and RCW 9A.82.010 are each amended to read as follows:

Unless the context requires the contrary, the definitions in this section apply throughout this chapter.

(1) "Creditor" means a person making an extension of credit or a person claiming by, under, or through a person making an extension of credit.

(2) "Debtor" means a person to whom an extension of credit is made or a person who guarantees the repayment of an extension of credit or in any manner undertakes to indemnify the creditor against loss resulting from the failure of a person to whom an extension is made to repay the same.

(3) "Extortionate extension of credit" means an extension of credit with respect to which it is the understanding of the creditor and the debtor at the time the extension is made that delay in making repayment or failure to make repayment could result in the use of violence or other criminal means to cause harm to the person, reputation, or property of any person.

(4) "Extortionate means" means the use, or an express or implicit threat of use, of violence or other criminal means to cause harm to the person, reputation, or property of any person.

(5) "To collect an extension of credit" means to induce in any way a person to make repayment thereof.

(6) "To extend credit" means to make or renew a loan or to enter into an agreement, tacit or express, whereby the repayment or satisfaction of a debt or claim, whether acknowledged or disputed, valid or invalid, and however arising, may or shall be deferred.

(7) "Repayment of an extension of credit" means the repayment, satisfaction, or discharge in whole or in part of a debt or claim, acknowledged or disputed, valid or invalid, resulting from or in connection with that extension of credit.

(8) "Dealer in property" means a person who buys and sells property as a business.

(9) "Stolen property" means property that has been obtained by theft, robbery, or extortion.

(10) "Traffic" means knowingly to sell, transfer, distribute, dispense, or otherwise dispose of stolen property to another person, or knowingly to buy, receive, possess, or obtain control of stolen property, with intent to sell, transfer, distribute, dispense, or otherwise dispose of the property to another person.

(11) (("Combination" means persons who collaborate in carrying on or furthering the activities or purposes of a criminal syndicate even though the persons may not know each other's identity, or membership in the combination changes from time to time, or one or more members may stand in a wholesaler-retailer or other arm's-length relationship with others as to activities or dealings between or among themselves in an illicit operation.

(12) "Criminal syndicate" means any combination of persons or enterprises engaging, or having the purpose of engaging, in conduct which violates any one or more provisions of any felony statute of this state.

~~(13)~~)) "Control" means the possession of a sufficient interest to permit substantial direction over the affairs of an enterprise.

((~~(14)~~)) (12) "Enterprise" includes any individual, sole proprietorship, partnership, corporation, business trust, or other profit or nonprofit legal entity, and includes any union, association, or group of individuals associated in fact although not a legal entity, and both illicit and licit enterprises and governmental and nongovernmental entities.

(((15) "Financial institution" means any bank, trust company, savings and loan association, mutual savings bank, credit union, or loan company under the jurisdiction of the state or an agency of the United States.

~~(16) "Racketeering"~~)) (13) "Third party" means any individual or business entity not the focus of the investigation who or which is in possession or control of any record related to any investigation instituted pursuant to this chapter.

(14) "Criminal profiteering" means any act, including any anticipatory or completed offense, committed for financial gain, ((~~which~~)) that is chargeable or indictable under the laws of the state in which the act occurred and, if the act occurred in a state other than this state, would be chargeable or indictable under the laws of this state had the act occurred in this state and punishable as a felony and by imprisonment for more than one year, regardless of whether the act is charged or indicted, involving:

(a) ((~~Homicide~~)) Murder, as defined in RCW 9A.32.030 and 9A.32.050;

(b) Robbery, as defined in RCW 9A.56.200 and 9A.56.210;

(d) Forgery, as defined in RCW 9A.60.020 and 9A.60.030;

(e) Theft, as defined in RCW 9A.56.030, 9A.56.040, 9A.56.060, and 9A.56.080;

(f) Child selling-buying, as defined in RCW 9A.64.030;

(g) Bribery, as defined in RCW 9A.68.010, 9A.68.020, 9A.68.040, and 9A.68.050;

((~~(g)~~)) (h) Gambling, as defined in RCW 9.46.220 and 9.46.230;

((~~(h) Usury;~~))

(i) Extortion, as defined in RCW 9A.56.120 and 9A.56.130;

(j) Extortionate extension((s)) of credit, as defined in RCW 9A.82.020;

(k) Collection of an extortionate extension of credit, as defined in RCW 9A.82.040;

(l) Collection of an unlawful debt, as defined in section 4 of this act;

(m) Delivery or manufacture of controlled substances or possession with intent to deliver or manufacture controlled substances under chapter 69.50 RCW;

((~~(l)~~)) (n) Trafficking in ((~~explosives, weapons, or~~)) stolen property, as defined in RCW 9A.82.050;

((~~(m)~~)) (o) Leading organized crime, as defined in RCW 9A.82.060;

((~~(n)~~)) (p) Obstructing ((~~or hindering~~)) criminal investigations or prosecutions, in violation of RCW 9A.72.090, 9A.72.100, 9A.72.110, 9A.72.120, 9A.72.130, 9A.76.070, or 9A.76.180;

((~~(o) Asserting false claims including, not but limited to, false claims asserted through fraud or arson;~~

~~(p) False statements or publications concerning land for sale or lease or sale of subdivided lands or sale and mortgaging of unsubdivided lands;~~

~~(q) Resale of realty with intent to defraud;~~

~~(r) Fraud in the purchase or sale of securities;~~

~~(s) Sale of unregistered securities or real property securities and transactions involving such securities by unregistered dealers or salespersons;~~

~~(t) A scheme or artifice to defraud;~~

~~(u) Obscenity;~~

~~(v) Child pornography;~~

~~(w) Prostitution; or~~

~~(x) Arson.~~)) (q) Fraud in the purchase or sale of securities, as defined in RCW 21.20.010;

(r) Sexual exploitation of children, as defined in RCW 9.68A.040, 9.68A.050, and 9.68A.060;

(s) Promoting prostitution, as defined in RCW 9A.88.070 and 9A.88.080; or

(t) Arson, as defined in RCW 9A.48.020 and 9A.48.030.

((~~(17)~~)) (15) "Pattern of ((racketeering activity" requires at least two acts of racketeering activity, one of which occurred after July 1, 1985, and the last of which occurred within ten years (excluding any period of imprisonment) after the commission of a prior act of racketeering activity)) criminal profiteering activity" means engaging in at least two acts of criminal profiteering, one of which occurred after July 1, 1985, and the latter of which occurred within ten years (excluding any period of imprisonment) after the commission of the earlier act of criminal profiteering. In order to constitute a pattern, the two acts must have the same or similar intent, results, accomplices, principals, victims, or methods of commission, or be otherwise interrelated by distinguishing characteristics, and must not be isolated events. In addition, in order to constitute a pattern in the case of alleged acts of criminal profiteering involving fraud in the purchase or sale of securities in violation of RCW 21.20.010, each of the alleged acts must have been the subject of written notice that was delivered to the defendant within one year of the discovery of the alleged fraud and that cited RCW 21.20.010 or described alleged acts constituting the elements of a violation of RCW 21.20.010.

((~~(18)~~)) (16) "Records" means any book, paper, writing, record, computer program, or other material.

((~~(19)~~)) (17) "Documentary material" means any book, paper, document, writing, drawing, graph, chart, photograph, phonograph record, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into usable form, or other tangible item.

((~~(20)~~)) (18) "Unlawful debt" means any money or other thing of value constituting principal or interest of a debt that is legally unenforceable in the state in whole or in part because the debt was incurred or contracted:

(a) In violation of any one of the following:

(i) Chapter 67.16 RCW relating to horse racing;

(ii) Chapter 9.46 RCW relating to gambling; or

((~~(iii) Chapter 19.52 RCW relating to interest and usury; or~~))

(b) In a gambling activity in violation of federal law ((~~or in the business of lending money at a rate usurious under federal or state law~~)).

((~~(21)~~)) (19) (a) "Beneficial interest" means:

(i) The interest of a person as a beneficiary under a trust established under Title 11 RCW in which the trustee for the trust holds legal or record title to real property;

(ii) The interest of a person as a beneficiary under any other trust arrangement under which a trustee holds legal or record title to real property for the benefit of the beneficiary; or

(iii) The interest of a person under any other form of express fiduciary arrangement under which one person holds legal or record title to real property for the benefit of the other person.

(b) "Beneficial interest" does not include the interest of a stockholder in a corporation or the interest of a partner in a general partnership or limited partnership.

((~~(22)~~)) (20) "Real property" means any real property or interest in real property, including but not limited to a land sale contract, lease, or mortgage of real property.

((~~(23)~~)) (21) (a) "Trustee" means:

(i) A person acting as a trustee under a trust established under Title 11 RCW in which the trustee holds legal or record title to real property;

(ii) A person who holds legal or record title to real property in which another person has a beneficial interest; or

(iii) A successor trustee to a person who is a trustee under subsection ((~~(23)~~))(21)(a)(i) or (ii) of this section.

(b) "Trustee" does not mean a person appointed or acting as:

(i) A personal representative under Title 11 RCW;

(ii) A trustee of any testamentary trust; or

(iii) A trustee of any indenture of trust under which a bond is issued.

Sec. 2. Section 2, chapter 270, Laws of 1984 and RCW 9A.82.020 are each amended to read as follows:

(1) A person who knowingly makes an extortionate extension of credit is guilty of a class B felony.

(2) In a prosecution under this section, if it is shown that all of the following factors are present in connection with the extension of credit, there is prima facie evidence that the extension of credit was extortionate:

(a) The repayment of the extension of credit, or the performance of any promise given in consideration thereof, would be unenforceable at the time the extension of credit was made through civil judicial processes against the debtor in the county in which the debtor, if a natural person, resided or in every county in which the debtor, if other than a natural person, was incorporated or qualified to do business.

(b) The extension of credit was made at a rate of interest in excess of an annual rate of forty-five percent calculated according to the actuarial method of allocating payments made on a debt between principal and interest, pursuant to which a payment is applied first to the accumulated interest and the balance is applied to the unpaid principal.

~~(i) One or more extensions of credit by the creditor had been collected or attempted to be collected by extortionate means, or the nonrepayment had been punished by extortionate means.~~

~~(ii) The creditor had a reputation for the use of extortionate means to collect extensions of credit or to punish the nonrepayment thereof~~)) The creditor intended the debtor to believe that collection of the extension of credit, or punishment for failure to comply with its terms, would be by extortionate means.

(d) Upon the making of the extension of credit, the total of the extensions of credit by the creditor to the debtor then outstanding, including any unpaid interest or similar charges, exceeded one hundred dollars.

(((3) In a prosecution under this section, if evidence has been introduced tending to show the existence of any of the circumstances described in subsection (2)(a) or (b) of this section, and direct evidence of the actual belief of the debtor as to the creditor's collection practices is not available, then for the purpose of showing the understanding of the debtor and the creditor at the time the extension of credit was made, the court may in its discretion allow evidence to be introduced tending to show the reputation as to collection practices of the creditor in any community of which the debtor was a member at the time of the extension.))

Sec. 3. Section 3, chapter 270, Laws of 1984 and RCW 9A.82.030 are each amended to read as follows:

A person who ((~~knowingly~~)) advances money or property, whether as a gift, loan, investment, or pursuant to a partnership or profit-sharing agreement or otherwise, to any person, with ((~~reasonable grounds to believe~~)) knowledge that it is the intention of that person to use the money or property so advanced, directly or indirectly, for the purpose of making extortionate extensions of credit, is guilty of a class B felony.

NEW SECTION. Sec. 4. A new section is added to chapter 9A.82 RCW to read as follows:

It is unlawful for any person knowingly to collect any unlawful debt. A violation of this section is a class C felony.

Sec. 5. Section 6, chapter 270, Laws of 1984 and RCW 9A.82.060 are each amended to read as follows:

(1) A person commits the offense of leading organized crime by:

(a) Intentionally organizing, managing, directing, supervising, or financing ((~~a criminal syndicate~~)) any three or more persons with the intent to engage in a pattern of criminal profiteering activity; or

(b) ((~~Knowingly~~)) Intentionally inciting or inducing others to engage in violence or intimidation ((~~to promote or further the objectives of a criminal syndicate~~)) with the intent to further or promote the accomplishment of a pattern of criminal profiteering activity.

(2) ((~~A person shall not be convicted under this section on the basis of accountability as an accomplice unless the person aids or participates in violating this section in one of the ways specified.~~

~~(3)~~)) Leading organized crime is a class B felony.

Sec. 6. Section 8, chapter 270, Laws of 1984 and RCW 9A.82.080 are each amended to read as follows:

(1) It is unlawful for a person who has knowingly received any proceeds derived, directly or indirectly, from a pattern of ((~~racketeering~~)) criminal profiteering activity or through the collection of an unlawful debt to use or invest, whether directly or indirectly, any part of the proceeds, or the proceeds derived from the investment or use thereof, in the acquisition of any title to, or any right, interest, or equity in, real property or in the establishment or operation of any enterprise.

(2) It is unlawful for a person, through a pattern of ((~~racketeering~~)) criminal profiteering activity or through the collection of an unlawful debt, to acquire or maintain, directly or indirectly, any interest in or control of any enterprise or real property.

(3) It is unlawful for a person to conspire or attempt to violate subsection (1) or (2) of this section.

(4) A knowing violation of subsection (1) or (2) of this section is a class B felony. A knowing violation of subsection (3) of this section is a class C felony.

NEW SECTION. Sec. 7. A new section is added to chapter 9A.82 RCW to read as follows:

In a criminal prosecution alleging a violation of RCW 9A.82.060 or 9A.82.080, the state is barred from joining any offense other than the offenses alleged to be part of the pattern of criminal profiteering activity. When a defendant has been tried criminally for a violation of RCW 9A.82.060 or 9A.82.080, the state is barred from subsequently charging the defendant with an offense that was part of the pattern of criminal profiteering activity for which he was tried.

Sec. 8. Section 9, chapter 270, Laws of 1984 and RCW 9A.82.090 are each amended to read as follows:

During the pendency of any criminal case charging ((~~an offense included in the definition of racketeering in RCW 9A.82.010~~)) a violation of RCW 9A.82.060 or a violation of RCW 9A.82.080, the superior court may, in addition to its other powers, issue an order pursuant to RCW 9A.82.100 (2) or (3). Upon conviction of a person for ((~~an offense included in the definition of racketeering~~)) a violation of RCW 9A.82.060 or a violation of RCW 9A.82.080, the superior court may, in addition to its other powers of disposition, issue an order pursuant to RCW 9A.82.100.

Sec. 9. Section 10, chapter 270, Laws of 1984 and RCW 9A.82.100 are each amended to read as follows:

(1) A person who sustains injury to his or her person, business, or property by ((~~racketeering~~)) a pattern of criminal profiteering activity or by a violation of RCW 9A.82.080 may file an action in superior court for the recovery of treble damages and the costs of the suit, including reasonable investigative and attorney's fees. The attorney general or county prosecuting attorney may file an action: (a) On behalf of those persons injured or, respectively, on behalf of the state or county if the entity has sustained damages, or (b) to prevent, restrain, or remedy ((~~racketeering~~)) a pattern of criminal profiteering activity or a violation of RCW 9A.82.080. An action for damages filed by or on behalf of an injured person, the state, or the county shall be for the recovery of treble damages and the costs of the suit, including reasonable investigative and attorney's fees. In an action filed to prevent, restrain, or remedy ((~~racketeering~~)) a pattern of criminal profiteering activity or a violation of RCW 9A.82.080, the court may impose a civil penalty not exceeding two hundred fifty thousand dollars upon proof of the violation, in addition to awarding the cost of the suit, including reasonable investigative and attorney's fees. In any proceeding under this chapter, either party has a right to a jury trial.

(2) The superior court has jurisdiction to prevent, restrain, and remedy ((~~racketeering~~)) criminal profiteering or a violation of RCW 9A.82.080 after making provision for the rights of all innocent persons affected by the violation and after hearing or trial, as appropriate, by issuing appropriate orders.

(3) Prior to a determination of liability, the orders may include, but are not limited to, entering restraining orders or prohibitions or taking such other actions, including the acceptance of satisfactory performance bonds, in connection with any property or other interest subject to damages, forfeiture, or other restraints pursuant to this section as the court deems proper.

(4) Following a determination of liability, the orders may include, but are not limited to:

(a) Ordering any person to divest himself or herself of any interest, direct or indirect, in any enterprise.

(b) Imposing reasonable restrictions on the future activities or investments of any person, including prohibiting any person from engaging in the same type of endeavor as the enterprise engaged in, the activities of which affect the laws of this state, to the extent the Constitutions of the United States and this state permit.

(d) Ordering the payment of treble damages to those persons injured by ((~~racketeering~~)) a pattern of criminal profiteering activity or a violation of RCW 9A.82.080.

(e) Ordering the payment of all costs and expenses of the prosecution and investigation of ((~~any offense included in the definition of racketeering in RCW 9A.82.010~~)) a pattern of criminal profiteering activity or a violation of RCW 9A.82.080, civil and criminal, incurred by the state or county as appropriate, to be paid to the ((~~antiracketeering~~)) antiprofiteering revolving fund of the state or county which brings the action. If the county has not established an ((~~antiracketeering~~)) antiprofiteering revolving fund, the payment shall be deposited in the county current expense fund.

(f) Ordering forfeiture to the general fund or ((~~antiracketeering~~)) antiprofiteering revolving fund of the state or county as appropriate to the extent not already ordered to be paid in other damages:

(i) Any property or other interest acquired or maintained ((~~by a person~~)) in violation of RCW 9A.82.080 to the extent of the investment of funds, and any appreciation or income attributable to the investment, obtained from a violation of RCW 9A.82.080.

(ii) Any ((~~interest in, security of, claims against or property or contractual right of any kind affording a source of influence over~~)) property, contractual right, or claim against property used to influence any enterprise ((~~which~~)) that a person has established, operated, controlled, conducted, or participated in the conduct of in violation of RCW 9A.82.080.

(iii) All proceeds traceable to or derived from an offense included in the ((~~definition of racketeering in RCW 9A.82.010~~)) pattern of criminal profiteering activity and all moneys, negotiable instruments, securities, and other things of value significantly used or intended to be used significantly to facilitate commission of the offense.

(g) Ordering payment to the general fund or ((~~antiracketeering~~)) antiprofiteering revolving fund of the state or county as appropriate of an amount equal to the gain a person has acquired or maintained through an offense included in the definition of ((~~racketeering~~)) criminal profiteering.

(5) In addition to or in lieu of an action under this section, the attorney general or county prosecuting attorney may file an action for forfeiture to the general fund or ((~~antiracketeering~~)) antiprofiteering revolving fund of the state or county as appropriate, to the extent not already ordered paid pursuant to this section, of:

(a) Any interest acquired or maintained by a person in violation of RCW 9A.82.080 to the extent of the investment of funds obtained from a violation of RCW 9A.82.080 and any appreciation or income attributable to the investment.

(b) Any ((~~interest in, security of, claims against or property or contractual right of any kind affording a source of influence over~~)) property, contractual right, or claim against property used to influence any enterprise ((~~which~~)) that a person has established, operated, controlled, conducted, or participated in the conduct of in violation of RCW 9A.82.080.

(c) All proceeds traceable to or derived from an offense included in the ((~~definition of racketeering~~)) pattern of criminal profiteering activity and all moneys, negotiable instruments, securities, and other things of value significantly used or intended to be used significantly to facilitate the commission of the offense.

(6) A defendant convicted in any criminal proceeding is precluded ((~~from subsequently denying the essential allegations of the criminal offense of which the defendant was convicted~~)) in any civil proceeding from denying the essential allegations of the criminal offense proven in the criminal trial in which the defendant was convicted. For the purposes of this subsection, a conviction shall be deemed to have occurred upon a verdict or plea of guilty, notwithstanding the fact that an appeal has been or may be lodged upon any judgment and sentence entered thereon. If a subsequent reversal of the conviction occurs, any judgment that was based upon that conviction may be reopened upon motion.

(7) The initiation of civil proceedings ((~~related to violations of any offense included in the definition of racketeering or a violation of RCW 9A.82.080 shall be commenced within seven years after actual discovery of the violation~~)) under this section shall be commenced within two years after discovery of the pattern of criminal profiteering activity or after the pattern should reasonably have been discovered.

(8) The attorney general or county prosecuting attorney may, in a civil action brought pursuant to this section, file with the clerk of the superior court a certificate stating that the case is of special public importance. A copy of that certificate shall be furnished immediately by the clerk to the chief judge or presiding chief judge of the superior court in which the action is pending and, upon receipt of the copy, the judge shall immediately designate a judge to hear and determine the action. The judge so designated shall promptly assign the action for hearing, participate in the hearings and determination, and cause the action to be expedited.

(9) The standard of proof in actions brought pursuant to this section is the preponderance of the evidence test.

(10) A person other than the attorney general or county prosecuting attorney who files an action under this section shall serve notice and one copy of the pleading on the attorney general within thirty days after the action is filed with the superior court. The notice shall identify the action, the person, and the person's attorney. Service of the notice does not limit or otherwise affect the right of the state to maintain an action under this section or intervene in a pending action nor does it authorize the person to name the state or the attorney general as a party to the action.

(11) Except in cases filed by a county prosecuting attorney, the attorney general may, upon timely application, intervene in any civil action or proceeding brought under this section if the attorney general certifies that in the attorney general's opinion the action is of special public importance. Upon intervention, the attorney general may assert any available claim and is entitled to the same relief as if the attorney general had instituted a separate action.

(12) In addition to the attorney general's right to intervene as a party in any action under this section, the attorney general may appear as amicus curiae in any proceeding in which a claim under this section has been asserted or in which a court is interpreting RCW 9A.82.010, 9A.82.080, 9A.82.090, 9A.82.110, or 9A.82.120, or this section.

(13) A civil action under this section is remedial and does not limit any other civil or criminal action under this chapter or any other provision. Civil remedies provided under this section are supplemental and not mutually exclusive.

(14) In bringing a civil action under this chapter, the attorney general or county prosecuting attorney may grant a witness immunity in exchange for testimony in the civil case. The immunity bars the use or derivative use of the witness' testimony in any subsequent criminal prosecution of the witness except for perjury or false swearing committed during the course of the testimony.

Sec. 10. Section 11, chapter 270, Laws of 1984 and RCW 9A.82.110 are each amended to read as follows:

(1) (a) There is established in the custody of the state treasurer an ((~~antiracketeering~~)) antiprofiteering revolving fund to be administered by the attorney general under the conditions and for the purposes provided by this subsection. Disbursements from the fund shall be on authorization of the attorney general. No appropriation is required for disbursements.

(b) Any prosecution and investigation costs, including attorney's fees, recovered for the state by the attorney general as a result of enforcement of civil and criminal statutes pertaining to any offense included in the definition of ((~~racketeering~~)) criminal profiteering, whether by final judgment, settlement, or otherwise, shall be deposited, as directed by a court of competent jurisdiction, in the fund established by this subsection. When the fund exceeds seven hundred fifty thousand dollars, all funds in excess of the seven hundred fifty thousand dollars shall be deposited in the state general fund.

(c) The moneys in the fund shall be used by the attorney general for the investigation and prosecution of any offense, within the jurisdiction of the attorney general, included in the definition of ((~~racketeering~~)) criminal profiteering, including civil enforcement.

(2) (a) The county legislative authority may establish an ((~~antiracketeering~~)) antiprofiteering revolving fund to be administered by the county prosecuting attorney under the conditions and for the purposes provided by this subsection. Disbursements from the fund shall be on authorization of the county prosecuting attorney. No appropriation is required for disbursements.

(b) Any prosecution and investigation costs, including attorney's fees, recovered for the state by the county prosecuting attorney as a result of enforcement of civil and criminal statutes pertaining to any offense included in the definition of ((~~racketeering~~)) criminal profiteering, whether by final judgment, settlement, or otherwise, shall be deposited, as directed by a court of competent jurisdiction, in the fund established by this subsection.

(c) The county legislative authority may prescribe a maximum level of moneys in the ((~~antiracketeering~~)) antiprofiteering revolving fund. Moneys exceeding the prescribed maximum shall be transferred to the county current expense fund.

(d) The moneys in the fund shall be used by the county prosecuting attorney for the investigation and prosecution of any offense, within the jurisdiction of the county prosecuting attorney, included in the definition of ((~~racketeering~~)) criminal profiteering, including civil enforcement.

Sec. 11. Section 12, chapter 270, Laws of 1984 and RCW 9A.82.120 are each amended to read as follows:

(1) The state, upon filing a civil action under RCW 9A.82.100, may file in accordance with this section a ((~~racketeering~~)) criminal profiteering lien. A filing fee or other charge is not required for filing a ((~~racketeering~~)) criminal profiteering lien.

(2) A ((~~racketeering~~)) criminal profiteering lien shall be signed by the attorney general or the county prosecuting attorney representing the state in the action and shall set forth the following information:

(a) The name of the defendant whose property or other interests are to be subject to the lien;

(b) In the discretion of the attorney general or county prosecuting attorney filing the lien, any aliases or fictitious names of the defendant named in the lien;

(c) If known to the attorney general or county prosecuting attorney filing the lien, the present residence or principal place of business of the person named in the lien;

(d) A reference to the proceeding pursuant to which the lien is filed, including the name of the court, the title of the action, and the court's file number for the proceeding;

(e) The name and address of the attorney representing the state in the proceeding pursuant to which the lien is filed;

(f) A statement that the notice is being filed pursuant to this section;

(g) The amount ((~~which~~)) that the state claims in the action or, with respect to property or other interests ((~~which~~)) that the state has requested forfeiture to the state or county, a description of the property or interests sought to be paid or forfeited;

(h) If known to the attorney general or county prosecuting attorney filing the lien, a description of property ((~~which~~)) that is subject to forfeiture to the state or property in which the defendant has an interest ((~~which~~)) that is available to satisfy a judgment entered in favor of the state; and

(i) Such other information as the attorney general or county prosecuting attorney filing the lien deems appropriate.

(3) The attorney general or the county prosecuting attorney filing the lien may amend a lien filed under this section at any time by filing an amended ((~~racketeering~~)) criminal profiteering lien in accordance with this section ((~~which~~)) that identifies the prior lien amended.

(4) The attorney general or the county prosecuting attorney filing the lien shall, as soon as practical after filing a ((~~racketeering~~)) criminal profiteering lien, furnish to any person named in the lien a notice of the filing of the lien. Failure to furnish notice under this subsection does not invalidate or otherwise affect a ((~~racketeering~~)) criminal profiteering lien filed in accordance with this section.

(5) A ((~~racketeering~~)) criminal profiteering lien is perfected against interests in personal property by filing the lien with the department of licensing. A ((~~racketeering~~)) criminal profiteering lien is perfected against interests in real property by filing the lien with the county auditor of the county in which the real property is located. The state may give such additional notice of the lien as it deems appropriate.

(6) The filing of a ((~~racketeering~~)) criminal profiteering lien in accordance with this section creates a lien in favor of the state in:

(a) Any interest of the defendant, in real property situated in the county in which the lien is filed, then maintained, or thereafter acquired in the name of the defendant identified in the lien;

(b) Any interest of the defendant, in personal property situated in this state, then maintained or thereafter acquired in the name of the defendant identified in the lien; and

(7) The filing of a ((~~racketeering~~)) criminal profiteering lien under this section is notice to all persons dealing with the person or property identified in the lien of the state's claim. The lien created in favor of the state in accordance with this section is superior and prior to the claims or interests of any other person, except a person possessing:

(a) A valid lien perfected prior to the filing of the ((~~racketeering~~)) criminal profiteering lien;

(b) In the case of real property, an interest acquired and recorded prior to the filing of the ((~~racketeering~~)) criminal profiteering lien; or

(c) In the case of personal property, an interest acquired prior to the filing of the ((~~racketeering~~)) criminal profiteering lien.

(8) Upon entry of judgment in favor of the state, the state may proceed to execute thereon as in the case of any other judgment, except that in order to preserve the state's lien priority as provided in this section the state shall, in addition to such other notice as is required by law, give at least thirty days' notice of the execution to any person possessing at the time the notice is given, an interest recorded subsequent to the date the state's lien was perfected.

(9) Upon the entry of a final judgment in favor of the state providing for forfeiture of property to the state, the title of the state to the property:

(a) In the case of real property or a beneficial interest in real property, relates back to the date of filing the ((~~racketeering~~)) criminal profiteering lien with the county auditor of the county in which the real property is located or, if no ((~~racketeering~~)) criminal profiteering lien is filed, then to the date of recording of the final judgment or the abstract thereof with the county auditor of the county in which the real property is located; or

(b) In the case of personal property or a beneficial interest in personal property, relates back to the date the personal property was seized by the state, or the date of filing of a ((~~racketeering~~)) criminal profiteering lien in accordance with this section, whichever is earlier, but if the property was not seized and no ((~~racketeering~~)) criminal profiteering lien was filed then to the date the final judgment was filed with the department of licensing and, if the personal property is an aircraft, with the federal aviation administration.

(10) This section does not limit the right of the state to obtain any order or injunction, receivership, writ, attachment, garnishment, or other remedy authorized under RCW 9A.82.100 or appropriate to protect the interests of the state or available under other applicable law.

Sec. 12. Section 17, chapter 270, Laws of 1984 and RCW 9A.82.170 are each amended to read as follows:

(1) ((A custodian of the records of a financial institution shall, at no expense to the financial institution, produce for inspection or copying the records in the custody of the financial institution when requested to be inspected by the attorney general or a county prosecuting attorney, provided the person requesting the information has served a subpoena issued by a court or obtained a court order for the information. The attorney general or a county prosecuting attorney or any peace officer or other person designated by the county prosecuting attorney or the attorney general shall be prohibited from using or releasing the information except in the proper discharge of official duties. If directed by the court in the subpoena or court order, neither the custodian nor any other employee of the institution shall disclose to the institution's customer the fact that the customer's records have been examined or copied. The furnishing of records in compliance with this section by a custodian of records is a bar to civil or criminal liability against the custodian or financial institution in any action brought alleging violation of the confidentiality of the records.

(2) Disclosure by the attorney general, county prosecuting attorney, or any peace officer designated by the attorney general or the county prosecuting attorney of information obtained under this section, except in the proper discharge of official duties, is a misdemeanor.

~~(3) Disclosure by the custodian or employee of the financial institution contrary to subsection (1) of this section is a misdemeanor.~~

~~(4)~~)) In any investigation of a violation of RCW 9A.82.060 or 9A.82.080 or of a pattern of criminal profiteering activity, the records of a third party may be obtained pursuant to a subpoena or other process issued by a superior court judge upon request of the attorney general or a prosecuting attorney. The third party may comply with the subpoena by providing duly authenticated copies of the requested records. The court, for good cause shown, may require the third party to provide the original record(s).

(2) Upon request of the attorney general or a prosecuting attorney, the court may order the third party and its employees not to disclose directly or indirectly to the third party's customer the fact that the customer's records have been obtained. Disclosure in violation of this subsection is a misdemeanor.

(3) No person may use, release, or disclose information obtained under this section except in the proper discharge of official duties. Violation of this subsection is a misdemeanor.

(4) A third party shall be reimbursed for reasonable costs incurred in providing information pursuant to this section. The amount of such reimbursement shall be established by the attorney general by rule adopted pursuant to the Administrative Procedure Act, chapter 34.04 RCW.

(5) This section does not preclude the use of any other legally authorized means of obtaining the information.

Sec. 13. Section 9A.04.080, chapter 260, Laws of 1975 1st ex. sess. as last amended by section 18, chapter 270, Laws of 1984 and RCW 9A.04.080 are each amended to read as follows:

Prosecutions for the offenses of murder, and arson where death ensues, may be commenced at any period after the commission of the offense; for offenses the punishment of which may be imprisonment in a state correctional institution, committed by any public officer in connection with the duties of his office or constituting a breach of his public duty or a violation of his oath of office, and arson where death does not ensue, within ten years after their commission; for violations of RCW 9A.44.070, 9A.44.080, and 9A.44.100(1)(b), within five years after their commission; for violations of RCW 9A.82.060 or 9A.82.080, within ((~~six~~)) three years after their commission; for all other offenses the punishment of which may be imprisonment in a state correctional institution, within three years after their commission; two years for gross misdemeanors; and for all other offenses, within one year after their commission: PROVIDED, That any length of time during which the party charged was not usually and publicly resident within this state shall not be reckoned within the one, two, three, five, and ten years respectively: AND FURTHER PROVIDED, That where an indictment has been found, or complaint or an information filed, within the time limited for the commencement of a criminal action, if the indictment, complaint or information be set aside, the time of limitation shall be extended by the length of time from the time of filing of such indictment, complaint, or information, to the time such indictment, complaint, or information was set aside.

Sec. 14. Section 21, chapter 270, Laws of 1984 and RCW 9A.82.901 are each amended to read as follows:

((~~This act~~)) Sections 12, 13, 14, 15, and 16, chapter 270, Laws of 1984 and any 1985 amendments thereto shall take effect on July 1, 1986, and the remainder of chapter 270, Laws of 1984 shall take effect on July 1, 1985.

NEW SECTION. Sec. 15. The following acts or parts of acts as they now exist or are hereafter amended are each repealed effective July 1, 1995.

(1) Section 1, chapter 270, Laws of 1984, section 1 of this 1985 act and RCW 9A.82.010;

(2) Section 2, chapter 270, Laws of 1984, section 2 of this 1985 act and RCW 9A.82.020;

(3) Section 3, chapter 270, Laws of 1984, section 3 of this 1985 act and RCW 9A.82.030;

(4) Section 4, chapter 270, Laws of 1984 and RCW 9A.82.040;

(5) Section 4 of this 1985 act and RCW 9A.82.___;

(6) Section 5, chapter 270, Laws of 1984 and RCW 9A.82.050;

(7) Section 6, chapter 270, Laws of 1984, section 5 of this 1985 act and RCW 9A.82.060;

(8) Section 7, chapter 270, Laws of 1984 and RCW 9A.82.070;

(9) Section 8, chapter 270, Laws of 1984, section 6 of this 1985 act and RCW 9A.82.080;

(10) Section 7 of this 1985 act and RCW 9A.82.___;

(11) Section 9, chapter 270, Laws of 1984, section 8 of this 1985 act and RCW 9A.82.090;

(12) Section 10, chapter 270, Laws of 1984, section 9 of this 1985 act and RCW 9A.82.100;

(13) Section 11, chapter 270, Laws of 1984, section 10 of this 1985 act and RCW 9A.82.110;

(14) Section 12, chapter 270, Laws of 1984, section 11 of this 1985 act and RCW 9A.82.120;

(15) Section 13, chapter 270, Laws of 1984 and RCW 9A.82.130;

(16) Section 14, chapter 270, Laws of 1984 and RCW 9A.82.140;

(17) Section 15, chapter 270, Laws of 1984 and RCW 9A.82.150;

(18) Section 16, chapter 270, Laws of 1984 and RCW 9A.82.160;

(19) Section 17, chapter 270, Laws of 1984, section 12 of this 1985 act and RCW 9A.82.170;

(20) Section 20, chapter 270, Laws of 1984 and RCW 9A.82.900;

(21) Section 21, chapter 270, Laws of 1984, section 14 of this 1985 act and RCW 9A.82.901; and

(22) Section 18, chapter 270, Laws of 1984, section 13 of this 1985 act.

NEW SECTION. Sec. 16. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1985, except for section 11 of this 1985 act, which shall take effect July 1, 1986.