Text of WA SB 5850 (2020)

AN ACT Relating to identifying and responding to bias-based 1 criminal offenses; amending RCW 9A.36.078, 9A.36.080, 2.56.030, 2 9.94A.030, 9A.36.083, 9A.46.060, 43.43.830, and 48.18.553; reenacting 3 and amending RCW 9.94A.515; and adding a new section to chapter 43.10 4 RCW. 5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 6 Sec. 1. RCW 9A.36.078 and 1993 c 127 s 1 are each amended to 7 read as follows: 8 The legislature finds that crimes and threats against persons 9 because of their race, color, religion, ancestry, national origin, 10 gender, gender identity, or gender expression, sexual orientation, or 11 mental, physical, or sensory ((handicaps)) disabilities are serious 12 and increasing. The legislature also finds that crimes and threats 13 are often directed against interracial couples and their children or 14 couples of mixed religions, colors, ancestries, or national origins 15 because of bias and bigotry against the race, color, religion, 16 ancestry, or national origin of one person in the couple or family. 17 The legislature finds that the state interest in preventing crimes 18 and threats motivated by bigotry and bias goes beyond the state 19 interest in preventing other felonies or misdemeanors such as 20 criminal trespass, malicious mischief, assault, or other crimes that 21 S-1305.1 SENATE BILL 5850 State of Washington 66th Legislature 2019 Regular Session By Senators Salomon, Pedersen, Wilson, C., Kuderer, Hunt, Keiser, Frockt, and Das p. 1 SB 5850 are not motivated by hatred, bigotry, and bias, and that prosecution 1 of those other crimes inadequately protects citizens from crimes and 2 threats motivated by bigotry and bias. Therefore, the legislature 3 finds that protection of those citizens from threats of harm due to 4 bias and bigotry is a compelling state interest. 5 The legislature also finds that in many cases, certain discrete 6 words or symbols are used to threaten the victims. Those discrete 7 words or symbols have historically or traditionally been used to 8 connote hatred or threats towards members of the class of which the 9 victim or a member of the victim's family or household is a member. 10 In particular, the legislature finds that cross burnings historically 11 and traditionally have been used to threaten, terrorize, intimidate, 12 and harass African Americans and their families. Cross burnings often 13 preceded lynchings, murders, burning of homes, and other acts of 14 terror. Further, Nazi swastikas historically and traditionally have 15 been used to threaten, terrorize, intimidate, and harass Jewish 16 people and their families. Swastikas symbolize the massive 17 destruction of the Jewish population, commonly known as the 18 holocaust. Therefore, the legislature finds that any person who burns 19 or attempts to burn a cross or displays a swastika on the property of 20 the victim or burns a cross or displays a swastika as part of a 21 series of acts directed towards a particular person, the person's 22 family or household members, or a particular group, knows or 23 reasonably should know that the cross burning or swastika may create 24 a reasonable fear of harm in the mind of the person, the person's 25 family and household members, or the group. 26 The legislature also finds that a hate crime committed against a 27 victim because of the victim's gender, gender identity, or gender 28 expression may be identified in the same manner that a hate crime 29 committed against a victim of another protected group is identified. 30 Affirmative indications of hatred towards gender, gender identity, or 31 gender expression as a class is the predominant factor to consider. 32 Other factors to consider include the perpetrator's use of language, 33 slurs, or symbols expressing hatred towards the victim's gender, 34 gender identity, or gender expression as a class; the severity of the 35 attack including mutilation of the victim's sexual organs; a history 36 of similar attacks against victims of the same gender, gender 37 identity, or gender expression by the perpetrator or a history of 38 similar incidents in the same area; a lack of provocation; an absence 39 of any other apparent motivation; and common sense. 40 p. 2 SB 5850 The legislature recognizes that, since 2015, Washington state has 1 experienced a sharp increase in malicious harassment offenses, and, 2 in response, the legislature finds that it is vital to send the 3 message that Washington state is a hate free zone. Therefore, the 4 legislature intends to rename the offense to its more commonly 5 understood title of "hate crime offense" and create a 6 multidisciplinary working group to establish recommendations for best 7 practices for identifying and responding to hate crimes. 8 Sec. 2. RCW 9A.36.080 and 2010 c 119 s 1 are each amended to 9 read as follows: 10 (1) A person is guilty of ((malicious harassment)) a hate crime 11 offense if he or she maliciously and intentionally commits one of the 12 following acts because of his or her perception of the victim's race, 13 color, religion, ancestry, national origin, gender, gender identity, 14 or gender expression, sexual orientation, or mental, physical, or 15 sensory ((handicap)) disability: 16 (a) Causes physical injury to the victim or another person; 17 (b) Causes physical damage to or destruction of the property of 18 the victim or another person; or 19 (c) Threatens a specific person or group of persons and places 20 that person, or members of the specific group of persons, in 21 reasonable fear of harm to person or property. The fear must be a 22 fear that a reasonable person would have under all the circumstances. 23 For purposes of this section, a "reasonable person" is a reasonable 24 person who is a member of the victim's race, color, religion, 25 ancestry, national origin, gender, gender identity, or gender 26 expression, or sexual orientation, or who has the same mental, 27 physical, or sensory ((handicap)) disability as the victim. Words 28 alone do not constitute ((malicious harassment)) a hate crime offense 29 unless the context or circumstances surrounding the words indicate 30 the words are a threat. Threatening words do not constitute 31 ((malicious harassment)) a hate crime offense if it is apparent to 32 the victim that the person does not have the ability to carry out the 33 threat. 34 (2) In any prosecution for ((malicious harassment)) a hate crime 35 offense, unless evidence exists which explains to the trier of fact's 36 satisfaction that the person did not intend to threaten the victim or 37 victims, the trier of fact may infer that the person intended to 38 threaten a specific victim or group of victims because of the 39 p. 3 SB 5850 person's perception of the victim's or victims' race, color, 1 religion, ancestry, national origin, gender, gender identity, or 2 gender expression, sexual orientation, or mental, physical, or 3 sensory ((handicap)) disability if the person commits one of the 4 following acts: 5 (a) Burns a cross on property of a victim who is or whom the 6 actor perceives to be of African American heritage; or 7 (b) Defaces property of a victim who is or whom the actor 8 perceives to be of Jewish heritage by defacing the property with a 9 swastika. 10 This subsection only applies to the creation of a reasonable 11 inference for evidentiary purposes. This subsection does not restrict 12 the state's ability to prosecute a person under subsection (1) of 13 this section when the facts of a particular case do not fall within 14 (a) or (b) of this subsection. 15 (3) It is not a defense that the accused was mistaken that the 16 victim was a member of a certain race, color, religion, ancestry, 17 national origin, gender, gender identity, or gender expression, or 18 sexual orientation, or had a mental, physical, or sensory 19 ((handicap)) disability. 20 (4) Evidence of expressions or associations of the accused may 21 not be introduced as substantive evidence at trial unless the 22 evidence specifically relates to the crime charged. Nothing in this 23 chapter shall affect the rules of evidence governing impeachment of a 24 witness. 25 (5) Every person who commits another crime during the commission 26 of a crime under this section may be punished and prosecuted for the 27 other crime separately. 28 (6) For the purposes of this section: 29 (a) "Sexual orientation" has the same meaning as in RCW 30 49.60.040. 31 (b) "Threat" means to communicate, directly or indirectly, the 32 intent to: 33 (i) Cause bodily injury immediately or in the future to the 34 person threatened or to any other person; or 35 (ii) Cause physical damage immediately or in the future to the 36 property of a person threatened or that of any other person. 37 (7) ((Malicious harassment)) Commission of a hate crime offense 38 is a class C felony. 39 p. 4 SB 5850 (8) The penalties provided in this section for ((malicious 1 harassment)) hate crime offenses do not preclude the victims from 2 seeking any other remedies otherwise available under law. 3 (9) Nothing in this section confers or expands any civil rights 4 or protections to any group or class identified under this section, 5 beyond those rights or protections that exist under the federal or 6 state Constitution or the civil laws of the state of Washington. 7 NEW SECTION. Sec. 3. A new section is added to chapter 43.10 8 RCW to read as follows: 9 (1) The office of the attorney general must, by September 1, 10 2019, coordinate and convene a multidisciplinary hate crime advisory 11 working group for the purpose of developing strategies toward raising 12 awareness of and appropriate responses to hate crime offenses. The 13 working group must be a collaboration between governmental entities, 14 members of vulnerable communities, and persons with lived experience 15 relating to hate crimes. 16 (2) The group's membership must include, at a minimum, 17 representatives of: 18 (a) Organizations representing protected groups under RCW 19 9A.36.080; 20 (b) Faith organizations; 21 (c) Victims' rights organizations; 22 (d) The office of the superintendent of public instruction; 23 (e) The office of the governor; 24 (f) The office of the attorney general; 25 (g) Law enforcement, including representatives of tribal police; 26 (h) Emergency dispatchers; 27 (i) The criminal justice training commission; 28 (j) Prosecutors; and 29 (k) Criminal defense attorneys. 30 (3) The work group must develop recommended best practices for: 31 (a) Preventing hate crimes through public awareness and antibias 32 campaigns; 33 (b) Increasing identification and reporting of hate crimes, 34 including recommendations for standardization of data collection and 35 reporting; 36 (c) Strengthening law enforcement and prosecutorial responses to 37 hate crime offenses through enhanced training and other measures; and 38 p. 5 SB 5850 (d) Supporting victims of hate crime offenses, and in particular, 1 ways of strengthening law enforcement collaboration with, and victim 2 connection to, community advocacy and support organizations. 3 (4) The working group is encouraged to solicit participation and 4 feedback from nonmember groups and individuals with relevant 5 experience, as needed. 6 (5) The working group must hold at least four meetings. By July 7 1, 2020, the office of the attorney general must report the working 8 group's recommendations to the governor and the legislature, in 9 compliance with RCW 43.01.036. 10 Sec. 4. RCW 2.56.030 and 2009 c 479 s 2 are each amended to read 11 as follows: 12 The administrator for the courts shall, under the supervision and 13 direction of the chief justice: 14 (1) Examine the administrative methods and systems employed in 15 the offices of the judges, clerks, stenographers, and employees of 16 the courts and make recommendations, through the chief justice, for 17 the improvement of the same; 18 (2) Examine the state of the dockets of the courts and determine 19 the need for assistance by any court; 20 (3) Make recommendations to the chief justice relating to the 21 assignment of judges where courts are in need of assistance and carry 22 out the direction of the chief justice as to the assignments of 23 judges to counties and districts where the courts are in need of 24 assistance; 25 (4) Collect and compile statistical and other data and make 26 reports of the business transacted by the courts and transmit the 27 same to the chief justice to the end that proper action may be taken 28 in respect thereto; 29 (5) Prepare and submit budget estimates of state appropriations 30 necessary for the maintenance and operation of the judicial system 31 and make recommendations in respect thereto; 32 (6) Collect statistical and other data and make reports relating 33 to the expenditure of public moneys, state and local, for the 34 maintenance and operation of the judicial system and the offices 35 connected therewith; 36 (7) Obtain reports from clerks of courts in accordance with law 37 or rules adopted by the supreme court of this state on cases and 38 other judicial business in which action has been delayed beyond 39 p. 6 SB 5850 periods of time specified by law or rules of court and make report 1 thereof to supreme court of this state; 2 (8) Act as secretary of the judicial conference referred to in 3 RCW 2.56.060; 4 (9) Submit annually, as of February 1st, to the chief justice, a 5 report of the activities of the administrator's office for the 6 preceding calendar year including activities related to courthouse 7 security; 8 (10) Administer programs and standards for the training and 9 education of judicial personnel; 10 (11) Examine the need for new superior court and district court 11 judge positions under an objective workload analysis. The results of 12 the objective workload analysis shall be reviewed by the board for 13 judicial administration which shall make recommendations to the 14 legislature. It is the intent of the legislature that an objective 15 workload analysis become the basis for creating additional district 16 and superior court positions, and recommendations should address that 17 objective; 18 (12) Provide staff to the judicial retirement account plan under 19 chapter 2.14 RCW; 20 (13) Attend to such other matters as may be assigned by the 21 supreme court of this state; 22 (14) Within available funds, develop a curriculum for a general 23 understanding of child development, placement, and treatment 24 resources, as well as specific legal skills and knowledge of relevant 25 statutes including chapters 13.32A, 13.34, and 13.40 RCW, cases, 26 court rules, interviewing skills, and special needs of the abused or 27 neglected child. This curriculum shall be completed and made 28 available to all juvenile court judges, court personnel, and service 29 providers and be updated yearly to reflect changes in statutes, court 30 rules, or case law; 31 (15) Develop, in consultation with the entities set forth in RCW 32 2.56.150(3), a comprehensive statewide curriculum for persons who act 33 as guardians ad litem under Title 13 or 26 RCW. The curriculum shall 34 be made available July 1, 2008, and include specialty sections on 35 child development, child sexual abuse, child physical abuse, child 36 neglect, domestic violence, clinical and forensic investigative and 37 interviewing techniques, family reconciliation and mediation 38 services, and relevant statutory and legal requirements. The 39 p. 7 SB 5850 curriculum shall be made available to all superior court judges, 1 court personnel, and all persons who act as guardians ad litem; 2 (16) Develop a curriculum for a general understanding of ((crimes 3 of malicious harassment)) hate crime offenses, as well as specific 4 legal skills and knowledge of RCW 9A.36.080, relevant cases, court 5 rules, and the special needs of ((malicious harassment)) hate crime 6 offense victims. This curriculum shall be made available to all 7 superior court and court of appeals judges and to all justices of the 8 supreme court; 9 (17) Develop, in consultation with the criminal justice training 10 commission and the commissions established under chapters 43.113, 11 43.115, and 43.117 RCW, a curriculum for a general understanding of 12 ethnic and cultural diversity and its implications for working with 13 youth of color and their families. The curriculum shall be available 14 to all superior court judges and court commissioners assigned to 15 juvenile court, and other court personnel. Ethnic and cultural 16 diversity training shall be provided annually so as to incorporate 17 cultural sensitivity and awareness into the daily operation of 18 juvenile courts statewide; 19 (18) Authorize the use of closed circuit television and other 20 electronic equipment in judicial proceedings. The administrator shall 21 promulgate necessary standards and procedures and shall provide 22 technical assistance to courts as required; 23 (19) Develop a Washington family law handbook in accordance with 24 RCW 2.56.180; 25 (20) Administer state funds for improving the operation of the 26 courts and provide support for court coordinating councils, under the 27 direction of the board for judicial administration; 28 (21) Administer the family and juvenile court improvement grant 29 program; 30 (22)(a) Administer and distribute amounts appropriated under RCW 31 43.08.250(2) for district court judges' and qualifying elected 32 municipal court judges' salary contributions. The administrator for 33 the courts shall develop a distribution formula for these amounts 34 that does not differentiate between district and elected municipal 35 court judges. 36 (b) A city qualifies for state contribution of elected municipal 37 court judges' salaries under (a) of this subsection if: 38 (i) The judge is serving in an elected position; 39 p. 8 SB 5850 (ii) The city has established by ordinance that a full-time judge 1 is compensated at a rate equivalent to at least ninety-five percent, 2 but not more than one hundred percent, of a district court judge 3 salary or for a part-time judge on a pro rata basis the same 4 equivalent; and 5 (iii) The city has certified to the office of the administrator 6 for the courts that the conditions in (b)(i) and (ii) of this 7 subsection have been met; 8 (23) Subject to the availability of funds specifically 9 appropriated therefor, assist courts in the development and 10 implementation of language assistance plans required under RCW 11 2.43.090. 12 Sec. 5. RCW 9.94A.030 and 2018 c 166 s 3 are each amended to 13 read as follows: 14 Unless the context clearly requires otherwise, the definitions in 15 this section apply throughout this chapter. 16 (1) "Board" means the indeterminate sentence review board created 17 under chapter 9.95 RCW. 18 (2) "Collect," or any derivative thereof, "collect and remit," or 19 "collect and deliver," when used with reference to the department, 20 means that the department, either directly or through a collection 21 agreement authorized by RCW 9.94A.760, is responsible for monitoring 22 and enforcing the offender's sentence with regard to the legal 23 financial obligation, receiving payment thereof from the offender, 24 and, consistent with current law, delivering daily the entire payment 25 to the superior court clerk without depositing it in a departmental 26 account. 27 (3) "Commission" means the sentencing guidelines commission. 28 (4) "Community corrections officer" means an employee of the 29 department who is responsible for carrying out specific duties in 30 supervision of sentenced offenders and monitoring of sentence 31 conditions. 32 (5) "Community custody" means that portion of an offender's 33 sentence of confinement in lieu of earned release time or imposed as 34 part of a sentence under this chapter and served in the community 35 subject to controls placed on the offender's movement and activities 36 by the department. 37 p. 9 SB 5850 (6) "Community protection zone" means the area within eight 1 hundred eighty feet of the facilities and grounds of a public or 2 private school. 3 (7) "Community restitution" means compulsory service, without 4 compensation, performed for the benefit of the community by the 5 offender. 6 (8) "Confinement" means total or partial confinement. 7 (9) "Conviction" means an adjudication of guilt pursuant to Title 8 10 or 13 RCW and includes a verdict of guilty, a finding of guilty, 9 and acceptance of a plea of guilty. 10 (10) "Crime-related prohibition" means an order of a court 11 prohibiting conduct that directly relates to the circumstances of the 12 crime for which the offender has been convicted, and shall not be 13 construed to mean orders directing an offender affirmatively to 14 participate in rehabilitative programs or to otherwise perform 15 affirmative conduct. However, affirmative acts necessary to monitor 16 compliance with the order of a court may be required by the 17 department. 18 (11) "Criminal history" means the list of a defendant's prior 19 convictions and juvenile adjudications, whether in this state, in 20 federal court, or elsewhere, and any issued certificates of 21 restoration of opportunity pursuant to RCW 9.97.020. 22 (a) The history shall include, where known, for each conviction 23 (i) whether the defendant has been placed on probation and the length 24 and terms thereof; and (ii) whether the defendant has been 25 incarcerated and the length of incarceration. 26 (b) A conviction may be removed from a defendant's criminal 27 history only if it is vacated pursuant to RCW 9.96.060, 9.94A.640, 28 9.95.240, or a similar out-of-state statute, or if the conviction has 29 been vacated pursuant to a governor's pardon. 30 (c) The determination of a defendant's criminal history is 31 distinct from the determination of an offender score. A prior 32 conviction that was not included in an offender score calculated 33 pursuant to a former version of the sentencing reform act remains 34 part of the defendant's criminal history. 35 (12) "Criminal street gang" means any ongoing organization, 36 association, or group of three or more persons, whether formal or 37 informal, having a common name or common identifying sign or symbol, 38 having as one of its primary activities the commission of criminal 39 acts, and whose members or associates individually or collectively 40 p. 10 SB 5850 engage in or have engaged in a pattern of criminal street gang 1 activity. This definition does not apply to employees engaged in 2 concerted activities for their mutual aid and protection, or to the 3 activities of labor and bona fide nonprofit organizations or their 4 members or agents. 5 (13) "Criminal street gang associate or member" means any person 6 who actively participates in any criminal street gang and who 7 intentionally promotes, furthers, or assists in any criminal act by 8 the criminal street gang. 9 (14) "Criminal street gang-related offense" means any felony or 10 misdemeanor offense, whether in this state or elsewhere, that is 11 committed for the benefit of, at the direction of, or in association 12 with any criminal street gang, or is committed with the intent to 13 promote, further, or assist in any criminal conduct by the gang, or 14 is committed for one or more of the following reasons: 15 (a) To gain admission, prestige, or promotion within the gang; 16 (b) To increase or maintain the gang's size, membership, 17 prestige, dominance, or control in any geographical area; 18 (c) To exact revenge or retribution for the gang or any member of 19 the gang; 20 (d) To obstruct justice, or intimidate or eliminate any witness 21 against the gang or any member of the gang; 22 (e) To directly or indirectly cause any benefit, aggrandizement, 23 gain, profit, or other advantage for the gang, its reputation, 24 influence, or membership; or 25 (f) To provide the gang with any advantage in, or any control or 26 dominance over any criminal market sector, including, but not limited 27 to, manufacturing, delivering, or selling any controlled substance 28 (chapter 69.50 RCW); arson (chapter 9A.48 RCW); trafficking in stolen 29 property (chapter 9A.82 RCW); promoting prostitution (chapter 9A.88 30 RCW); human trafficking (RCW 9A.40.100); promoting commercial sexual 31 abuse of a minor (RCW 9.68A.101); or promoting pornography (chapter 32 9.68 RCW). 33 (15) "Day fine" means a fine imposed by the sentencing court that 34 equals the difference between the offender's net daily income and the 35 reasonable obligations that the offender has for the support of the 36 offender and any dependents. 37 (16) "Day reporting" means a program of enhanced supervision 38 designed to monitor the offender's daily activities and compliance 39 with sentence conditions, and in which the offender is required to 40 p. 11 SB 5850 report daily to a specific location designated by the department or 1 the sentencing court. 2 (17) "Department" means the department of corrections. 3 (18) "Determinate sentence" means a sentence that states with 4 exactitude the number of actual years, months, or days of total 5 confinement, of partial confinement, of community custody, the number 6 of actual hours or days of community restitution work, or dollars or 7 terms of a legal financial obligation. The fact that an offender 8 through earned release can reduce the actual period of confinement 9 shall not affect the classification of the sentence as a determinate 10 sentence. 11 (19) "Disposable earnings" means that part of the earnings of an 12 offender remaining after the deduction from those earnings of any 13 amount required by law to be withheld. For the purposes of this 14 definition, "earnings" means compensation paid or payable for 15 personal services, whether denominated as wages, salary, commission, 16 bonuses, or otherwise, and, notwithstanding any other provision of 17 law making the payments exempt from garnishment, attachment, or other 18 process to satisfy a court-ordered legal financial obligation, 19 specifically includes periodic payments pursuant to pension or 20 retirement programs, or insurance policies of any type, but does not 21 include payments made under Title 50 RCW, except as provided in RCW 22 50.40.020 and 50.40.050, or Title 74 RCW. 23 (20) "Domestic violence" has the same meaning as defined in RCW 24 10.99.020 and 26.50.010. 25 (21) "Drug offender sentencing alternative" is a sentencing 26 option available to persons convicted of a felony offense other than 27 a violent offense or a sex offense and who are eligible for the 28 option under RCW 9.94A.660. 29 (22) "Drug offense" means: 30 (a) Any felony violation of chapter 69.50 RCW except possession 31 of a controlled substance (RCW 69.50.4013) or forged prescription for 32 a controlled substance (RCW 69.50.403); 33 (b) Any offense defined as a felony under federal law that 34 relates to the possession, manufacture, distribution, or 35 transportation of a controlled substance; or 36 (c) Any out-of-state conviction for an offense that under the 37 laws of this state would be a felony classified as a drug offense 38 under (a) of this subsection. 39 p. 12 SB 5850 (23) "Earned release" means earned release from confinement as 1 provided in RCW 9.94A.728. 2 (24) "Electronic monitoring" means tracking the location of an 3 individual, whether pretrial or posttrial, through the use of 4 technology that is capable of determining or identifying the 5 monitored individual's presence or absence at a particular location 6 including, but not limited to: 7 (a) Radio frequency signaling technology, which detects if the 8 monitored individual is or is not at an approved location and 9 notifies the monitoring agency of the time that the monitored 10 individual either leaves the approved location or tampers with or 11 removes the monitoring device; or 12 (b) Active or passive global positioning system technology, which 13 detects the location of the monitored individual and notifies the 14 monitoring agency of the monitored individual's location. 15 (25) "Escape" means: 16 (a) Sexually violent predator escape (RCW 9A.76.115), escape in 17 the first degree (RCW 9A.76.110), escape in the second degree (RCW 18 9A.76.120), willful failure to return from furlough (RCW 72.66.060), 19 willful failure to return from work release (RCW 72.65.070), or 20 willful failure to be available for supervision by the department 21 while in community custody (RCW 72.09.310); or 22 (b) Any federal or out-of-state conviction for an offense that 23 under the laws of this state would be a felony classified as an 24 escape under (a) of this subsection. 25 (26) "Felony traffic offense" means: 26 (a) Vehicular homicide (RCW 46.61.520), vehicular assault (RCW 27 46.61.522), eluding a police officer (RCW 46.61.024), felony hit-and- 28 run injury-accident (RCW 46.52.020(4)), felony driving while under 29 the influence of intoxicating liquor or any drug (RCW 46.61.502(6)), 30 or felony physical control of a vehicle while under the influence of 31 intoxicating liquor or any drug (RCW 46.61.504(6)); or 32 (b) Any federal or out-of-state conviction for an offense that 33 under the laws of this state would be a felony classified as a felony 34 traffic offense under (a) of this subsection. 35 (27) "Fine" means a specific sum of money ordered by the 36 sentencing court to be paid by the offender to the court over a 37 specific period of time. 38 p. 13 SB 5850 (28) "First-time offender" means any person who has no prior 1 convictions for a felony and is eligible for the first-time offender 2 waiver under RCW 9.94A.650. 3 (29) "Home detention" is a subset of electronic monitoring and 4 means a program of partial confinement available to offenders wherein 5 the offender is confined in a private residence twenty-four hours a 6 day, unless an absence from the residence is approved, authorized, or 7 otherwise permitted in the order by the court or other supervising 8 agency that ordered home detention, and the offender is subject to 9 electronic monitoring. 10 (30) "Homelessness" or "homeless" means a condition where an 11 individual lacks a fixed, regular, and adequate nighttime residence 12 and who has a primary nighttime residence that is: 13 (a) A supervised, publicly or privately operated shelter designed 14 to provide temporary living accommodations; 15 (b) A public or private place not designed for, or ordinarily 16 used as, a regular sleeping accommodation for human beings; or 17 (c) A private residence where the individual stays as a transient 18 invitee. 19 (31) "Legal financial obligation" means a sum of money that is 20 ordered by a superior court of the state of Washington for legal 21 financial obligations which may include restitution to the victim, 22 statutorily imposed crime victims' compensation fees as assessed 23 pursuant to RCW 7.68.035, court costs, county or interlocal drug 24 funds, court-appointed attorneys' fees, and costs of defense, fines, 25 and any other financial obligation that is assessed to the offender 26 as a result of a felony conviction. Upon conviction for vehicular 27 assault while under the influence of intoxicating liquor or any drug, 28 RCW 46.61.522(1)(b), or vehicular homicide while under the influence 29 of intoxicating liquor or any drug, RCW 46.61.520(1)(a), legal 30 financial obligations may also include payment to a public agency of 31 the expense of an emergency response to the incident resulting in the 32 conviction, subject to RCW 38.52.430. 33 (32) "Minor child" means a biological or adopted child of the 34 offender who is under age eighteen at the time of the offender's 35 current offense. 36 (33) "Most serious offense" means any of the following felonies 37 or a felony attempt to commit any of the following felonies: 38 p. 14 SB 5850 (a) Any felony defined under any law as a class A felony or 1 criminal solicitation of or criminal conspiracy to commit a class A 2 felony; 3 (b) Assault in the second degree; 4 (c) Assault of a child in the second degree; 5 (d) Child molestation in the second degree; 6 (e) Controlled substance homicide; 7 (f) Extortion in the first degree; 8 (g) Incest when committed against a child under age fourteen; 9 (h) Indecent liberties; 10 (i) Kidnapping in the second degree; 11 (j) Leading organized crime; 12 (k) Manslaughter in the first degree; 13 (l) Manslaughter in the second degree; 14 (m) Promoting prostitution in the first degree; 15 (n) Rape in the third degree; 16 (o) Robbery in the second degree; 17 (p) Sexual exploitation; 18 (q) Vehicular assault, when caused by the operation or driving of 19 a vehicle by a person while under the influence of intoxicating 20 liquor or any drug or by the operation or driving of a vehicle in a 21 reckless manner; 22 (r) Vehicular homicide, when proximately caused by the driving of 23 any vehicle by any person while under the influence of intoxicating 24 liquor or any drug as defined by RCW 46.61.502, or by the operation 25 of any vehicle in a reckless manner; 26 (s) Any other class B felony offense with a finding of sexual 27 motivation; 28 (t) Any other felony with a deadly weapon verdict under RCW 29 9.94A.825; 30 (u) Any felony offense in effect at any time prior to December 2, 31 1993, that is comparable to a most serious offense under this 32 subsection, or any federal or out-of-state conviction for an offense 33 that under the laws of this state would be a felony classified as a 34 most serious offense under this subsection; 35 (v)(i) A prior conviction for indecent liberties under RCW 36 9A.44.100(1) (a), (b), and (c), chapter 260, Laws of 1975 1st ex. 37 sess. as it existed until July 1, 1979, RCW 9A.44.100(1) (a), (b), 38 and (c) as it existed from July 1, 1979, until June 11, 1986, and RCW 39 p. 15 SB 5850 9A.44.100(1) (a), (b), and (d) as it existed from June 11, 1986, 1 until July 1, 1988; 2 (ii) A prior conviction for indecent liberties under RCW 3 9A.44.100(1)(c) as it existed from June 11, 1986, until July 1, 1988, 4 if: (A) The crime was committed against a child under the age of 5 fourteen; or (B) the relationship between the victim and perpetrator 6 is included in the definition of indecent liberties under RCW 7 9A.44.100(1)(c) as it existed from July 1, 1988, through July 27, 8 1997, or RCW 9A.44.100(1) (d) or (e) as it existed from July 25, 9 1993, through July 27, 1997; 10 (w) Any out-of-state conviction for a felony offense with a 11 finding of sexual motivation if the minimum sentence imposed was ten 12 years or more; provided that the out-of-state felony offense must be 13 comparable to a felony offense under this title and Title 9A RCW and 14 the out-of-state definition of sexual motivation must be comparable 15 to the definition of sexual motivation contained in this section. 16 (34) "Nonviolent offense" means an offense which is not a violent 17 offense. 18 (35) "Offender" means a person who has committed a felony 19 established by state law and is eighteen years of age or older or is 20 less than eighteen years of age but whose case is under superior 21 court jurisdiction under RCW 13.04.030 or has been transferred by the 22 appropriate juvenile court to a criminal court pursuant to RCW 23 13.40.110. In addition, for the purpose of community custody 24 requirements under this chapter, "offender" also means a misdemeanant 25 or gross misdemeanant probationer ordered by a superior court to 26 probation pursuant to RCW 9.92.060, 9.95.204, or 9.95.210 and 27 supervised by the department pursuant to RCW 9.94A.501 and 28 9.94A.5011. Throughout this chapter, the terms "offender" and 29 "defendant" are used interchangeably. 30 (36) "Partial confinement" means confinement for no more than one 31 year in a facility or institution operated or utilized under contract 32 by the state or any other unit of government, or, if home detention, 33 electronic monitoring, or work crew has been ordered by the court or 34 home detention has been ordered by the department as part of the 35 parenting program or the graduated reentry program, in an approved 36 residence, for a substantial portion of each day with the balance of 37 the day spent in the community. Partial confinement includes work 38 release, home detention, work crew, electronic monitoring, and a 39 combination of work crew, electronic monitoring, and home detention. 40 p. 16 SB 5850 (37) "Pattern of criminal street gang activity" means: 1 (a) The commission, attempt, conspiracy, or solicitation of, or 2 any prior juvenile adjudication of or adult conviction of, two or 3 more of the following criminal street gang-related offenses: 4 (i) Any "serious violent" felony offense as defined in this 5 section, excluding Homicide by Abuse (RCW 9A.32.055) and Assault of a 6 Child 1 (RCW 9A.36.120); 7 (ii) Any "violent" offense as defined by this section, excluding 8 Assault of a Child 2 (RCW 9A.36.130); 9 (iii) Deliver or Possession with Intent to Deliver a Controlled 10 Substance (chapter 69.50 RCW); 11 (iv) Any violation of the firearms and dangerous weapon act 12 (chapter 9.41 RCW); 13 (v) Theft of a Firearm (RCW 9A.56.300); 14 (vi) Possession of a Stolen Firearm (RCW 9A.56.310); 15 (vii) ((Malicious Harassment)) Hate Crime (RCW 9A.36.080); 16 (viii) Harassment where a subsequent violation or deadly threat 17 is made (RCW 9A.46.020(2)(b)); 18 (ix) Criminal Gang Intimidation (RCW 9A.46.120); 19 (x) Any felony conviction by a person eighteen years of age or 20 older with a special finding of involving a juvenile in a felony 21 offense under RCW 9.94A.833; 22 (xi) Residential Burglary (RCW 9A.52.025); 23 (xii) Burglary 2 (RCW 9A.52.030); 24 (xiii) Malicious Mischief 1 (RCW 9A.48.070); 25 (xiv) Malicious Mischief 2 (RCW 9A.48.080); 26 (xv) Theft of a Motor Vehicle (RCW 9A.56.065); 27 (xvi) Possession of a Stolen Motor Vehicle (RCW 9A.56.068); 28 (xvii) Taking a Motor Vehicle Without Permission 1 (RCW 29 9A.56.070); 30 (xviii) Taking a Motor Vehicle Without Permission 2 (RCW 31 9A.56.075); 32 (xix) Extortion 1 (RCW 9A.56.120); 33 (xx) Extortion 2 (RCW 9A.56.130); 34 (xxi) Intimidating a Witness (RCW 9A.72.110); 35 (xxii) Tampering with a Witness (RCW 9A.72.120); 36 (xxiii) Reckless Endangerment (RCW 9A.36.050); 37 (xxiv) Coercion (RCW 9A.36.070); 38 (xxv) Harassment (RCW 9A.46.020); or 39 (xxvi) Malicious Mischief 3 (RCW 9A.48.090); 40 p. 17 SB 5850 (b) That at least one of the offenses listed in (a) of this 1 subsection shall have occurred after July 1, 2008; 2 (c) That the most recent committed offense listed in (a) of this 3 subsection occurred within three years of a prior offense listed in 4 (a) of this subsection; and 5 (d) Of the offenses that were committed in (a) of this 6 subsection, the offenses occurred on separate occasions or were 7 committed by two or more persons. 8 (38) "Persistent offender" is an offender who: 9 (a)(i) Has been convicted in this state of any felony considered 10 a most serious offense; and 11 (ii) Has, before the commission of the offense under (a) of this 12 subsection, been convicted as an offender on at least two separate 13 occasions, whether in this state or elsewhere, of felonies that under 14 the laws of this state would be considered most serious offenses and 15 would be included in the offender score under RCW 9.94A.525; provided 16 that of the two or more previous convictions, at least one conviction 17 must have occurred before the commission of any of the other most 18 serious offenses for which the offender was previously convicted; or 19 (b)(i) Has been convicted of: (A) Rape in the first degree, rape 20 of a child in the first degree, child molestation in the first 21 degree, rape in the second degree, rape of a child in the second 22 degree, or indecent liberties by forcible compulsion; (B) any of the 23 following offenses with a finding of sexual motivation: Murder in the 24 first degree, murder in the second degree, homicide by abuse, 25 kidnapping in the first degree, kidnapping in the second degree, 26 assault in the first degree, assault in the second degree, assault of 27 a child in the first degree, assault of a child in the second degree, 28 or burglary in the first degree; or (C) an attempt to commit any 29 crime listed in this subsection (38)(b)(i); and 30 (ii) Has, before the commission of the offense under (b)(i) of 31 this subsection, been convicted as an offender on at least one 32 occasion, whether in this state or elsewhere, of an offense listed in 33 (b)(i) of this subsection or any federal or out-of-state offense or 34 offense under prior Washington law that is comparable to the offenses 35 listed in (b)(i) of this subsection. A conviction for rape of a child 36 in the first degree constitutes a conviction under (b)(i) of this 37 subsection only when the offender was sixteen years of age or older 38 when the offender committed the offense. A conviction for rape of a 39 child in the second degree constitutes a conviction under (b)(i) of 40 p. 18 SB 5850 this subsection only when the offender was eighteen years of age or 1 older when the offender committed the offense. 2 (39) "Predatory" means: (a) The perpetrator of the crime was a 3 stranger to the victim, as defined in this section; (b) the 4 perpetrator established or promoted a relationship with the victim 5 prior to the offense and the victimization of the victim was a 6 significant reason the perpetrator established or promoted the 7 relationship; or (c) the perpetrator was: (i) A teacher, counselor, 8 volunteer, or other person in authority in any public or private 9 school and the victim was a student of the school under his or her 10 authority or supervision. For purposes of this subsection, "school" 11 does not include home-based instruction as defined in RCW 12 28A.225.010; (ii) a coach, trainer, volunteer, or other person in 13 authority in any recreational activity and the victim was a 14 participant in the activity under his or her authority or 15 supervision; (iii) a pastor, elder, volunteer, or other person in 16 authority in any church or religious organization, and the victim was 17 a member or participant of the organization under his or her 18 authority; or (iv) a teacher, counselor, volunteer, or other person 19 in authority providing home-based instruction and the victim was a 20 student receiving home-based instruction while under his or her 21 authority or supervision. For purposes of this subsection: (A) "Home- 22 based instruction" has the same meaning as defined in RCW 23 28A.225.010; and (B) "teacher, counselor, volunteer, or other person 24 in authority" does not include the parent or legal guardian of the 25 victim. 26 (40) "Private school" means a school regulated under chapter 27 28A.195 or 28A.205 RCW. 28 (41) "Public school" has the same meaning as in RCW 28A.150.010. 29 (42) "Repetitive domestic violence offense" means any: 30 (a)(i) Domestic violence assault that is not a felony offense 31 under RCW 9A.36.041; 32 (ii) Domestic violence violation of a no-contact order under 33 chapter 10.99 RCW that is not a felony offense; 34 (iii) Domestic violence violation of a protection order under 35 chapter 26.09, 26.10, 26.26, or 26.50 RCW that is not a felony 36 offense; 37 (iv) Domestic violence harassment offense under RCW 9A.46.020 38 that is not a felony offense; or 39 p. 19 SB 5850 (v) Domestic violence stalking offense under RCW 9A.46.110 that 1 is not a felony offense; or 2 (b) Any federal, out-of-state, tribal court, military, county, or 3 municipal conviction for an offense that under the laws of this state 4 would be classified as a repetitive domestic violence offense under 5 (a) of this subsection. 6 (43) "Restitution" means a specific sum of money ordered by the 7 sentencing court to be paid by the offender to the court over a 8 specified period of time as payment of damages. The sum may include 9 both public and private costs. 10 (44) "Risk assessment" means the application of the risk 11 instrument recommended to the department by the Washington state 12 institute for public policy as having the highest degree of 13 predictive accuracy for assessing an offender's risk of reoffense. 14 (45) "Serious traffic offense" means: 15 (a) Nonfelony driving while under the influence of intoxicating 16 liquor or any drug (RCW 46.61.502), nonfelony actual physical control 17 while under the influence of intoxicating liquor or any drug (RCW 18 46.61.504), reckless driving (RCW 46.61.500), or hit-and-run an 19 attended vehicle (RCW 46.52.020(5)); or 20 (b) Any federal, out-of-state, county, or municipal conviction 21 for an offense that under the laws of this state would be classified 22 as a serious traffic offense under (a) of this subsection. 23 (46) "Serious violent offense" is a subcategory of violent 24 offense and means: 25 (a)(i) Murder in the first degree; 26 (ii) Homicide by abuse; 27 (iii) Murder in the second degree; 28 (iv) Manslaughter in the first degree; 29 (v) Assault in the first degree; 30 (vi) Kidnapping in the first degree; 31 (vii) Rape in the first degree; 32 (viii) Assault of a child in the first degree; or 33 (ix) An attempt, criminal solicitation, or criminal conspiracy to 34 commit one of these felonies; or 35 (b) Any federal or out-of-state conviction for an offense that 36 under the laws of this state would be a felony classified as a 37 serious violent offense under (a) of this subsection. 38 (47) "Sex offense" means: 39 p. 20 SB 5850 (a)(i) A felony that is a violation of chapter 9A.44 RCW other 1 than RCW 9A.44.132; 2 (ii) A violation of RCW 9A.64.020; 3 (iii) A felony that is a violation of chapter 9.68A RCW other 4 than RCW 9.68A.080; 5 (iv) A felony that is, under chapter 9A.28 RCW, a criminal 6 attempt, criminal solicitation, or criminal conspiracy to commit such 7 crimes; or 8 (v) A felony violation of RCW 9A.44.132(1) (failure to register 9 as a sex offender) if the person has been convicted of violating RCW 10 9A.44.132(1) (failure to register as a sex offender) or 9A.44.130 11 prior to June 10, 2010, on at least one prior occasion; 12 (b) Any conviction for a felony offense in effect at any time 13 prior to July 1, 1976, that is comparable to a felony classified as a 14 sex offense in (a) of this subsection; 15 (c) A felony with a finding of sexual motivation under RCW 16 9.94A.835 or 13.40.135; or 17 (d) Any federal or out-of-state conviction for an offense that 18 under the laws of this state would be a felony classified as a sex 19 offense under (a) of this subsection. 20 (48) "Sexual motivation" means that one of the purposes for which 21 the defendant committed the crime was for the purpose of his or her 22 sexual gratification. 23 (49) "Standard sentence range" means the sentencing court's 24 discretionary range in imposing a nonappealable sentence. 25 (50) "Statutory maximum sentence" means the maximum length of 26 time for which an offender may be confined as punishment for a crime 27 as prescribed in chapter 9A.20 RCW, RCW 9.92.010, the statute 28 defining the crime, or other statute defining the maximum penalty for 29 a crime. 30 (51) "Stranger" means that the victim did not know the offender 31 twenty-four hours before the offense. 32 (52) "Total confinement" means confinement inside the physical 33 boundaries of a facility or institution operated or utilized under 34 contract by the state or any other unit of government for twenty-four 35 hours a day, or pursuant to RCW 72.64.050 and 72.64.060. 36 (53) "Transition training" means written and verbal instructions 37 and assistance provided by the department to the offender during the 38 two weeks prior to the offender's successful completion of the work 39 ethic camp program. The transition training shall include 40 p. 21 SB 5850 instructions in the offender's requirements and obligations during 1 the offender's period of community custody. 2 (54) "Victim" means any person who has sustained emotional, 3 psychological, physical, or financial injury to person or property as 4 a direct result of the crime charged. 5 (55) "Violent offense" means: 6 (a) Any of the following felonies: 7 (i) Any felony defined under any law as a class A felony or an 8 attempt to commit a class A felony; 9 (ii) Criminal solicitation of or criminal conspiracy to commit a 10 class A felony; 11 (iii) Manslaughter in the first degree; 12 (iv) Manslaughter in the second degree; 13 (v) Indecent liberties if committed by forcible compulsion; 14 (vi) Kidnapping in the second degree; 15 (vii) Arson in the second degree; 16 (viii) Assault in the second degree; 17 (ix) Assault of a child in the second degree; 18 (x) Extortion in the first degree; 19 (xi) Robbery in the second degree; 20 (xii) Drive-by shooting; 21 (xiii) Vehicular assault, when caused by the operation or driving 22 of a vehicle by a person while under the influence of intoxicating 23 liquor or any drug or by the operation or driving of a vehicle in a 24 reckless manner; and 25 (xiv) Vehicular homicide, when proximately caused by the driving 26 of any vehicle by any person while under the influence of 27 intoxicating liquor or any drug as defined by RCW 46.61.502, or by 28 the operation of any vehicle in a reckless manner; 29 (b) Any conviction for a felony offense in effect at any time 30 prior to July 1, 1976, that is comparable to a felony classified as a 31 violent offense in (a) of this subsection; and 32 (c) Any federal or out-of-state conviction for an offense that 33 under the laws of this state would be a felony classified as a 34 violent offense under (a) or (b) of this subsection. 35 (56) "Work crew" means a program of partial confinement 36 consisting of civic improvement tasks for the benefit of the 37 community that complies with RCW 9.94A.725. 38 (57) "Work ethic camp" means an alternative incarceration program 39 as provided in RCW 9.94A.690 designed to reduce recidivism and lower 40 p. 22 SB 5850 the cost of corrections by requiring offenders to complete a 1 comprehensive array of real-world job and vocational experiences, 2 character-building work ethics training, life management skills 3 development, substance abuse rehabilitation, counseling, literacy 4 training, and basic adult education. 5 (58) "Work release" means a program of partial confinement 6 available to offenders who are employed or engaged as a student in a 7 regular course of study at school. 8 Sec. 6. RCW 9.94A.515 and 2018 c 236 s 721 and 2018 c 7 s 7 are 9 each reenacted and amended to read as follows: 10 11 TABLE 2 12 13 CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL 14 XVI Aggravated Murder 1 (RCW 10.95.020) 15 XV Homicide by abuse (RCW 9A.32.055) 16 17 Malicious explosion 1 (RCW 70.74.280(1)) 18 Murder 1 (RCW 9A.32.030) 19 XIV Murder 2 (RCW 9A.32.050) 20 Trafficking 1 (RCW 9A.40.100(1)) 21 22 XIII Malicious explosion 2 (RCW 70.74.280(2)) 23 24 Malicious placement of an explosive 1 (RCW 70.74.270(1)) 25 XII Assault 1 (RCW 9A.36.011) 26 Assault of a Child 1 (RCW 9A.36.120) 27 28 Malicious placement of an imitation device 1 (RCW 70.74.272(1)(a)) 29 30 Promoting Commercial Sexual Abuse of a Minor (RCW 9.68A.101) 31 Rape 1 (RCW 9A.44.040) 32 Rape of a Child 1 (RCW 9A.44.073) 33 Trafficking 2 (RCW 9A.40.100(3)) 34 XI Manslaughter 1 (RCW 9A.32.060) p. 23 SB 5850 1 Rape 2 (RCW 9A.44.050) 2 Rape of a Child 2 (RCW 9A.44.076) 3 4 5 Vehicular Homicide, by being under the influence of intoxicating liquor or any drug (RCW 46.61.520) 6 7 8 Vehicular Homicide, by the operation of any vehicle in a reckless manner (RCW 46.61.520) 9 X Child Molestation 1 (RCW 9A.44.083) 10 11 Criminal Mistreatment 1 (RCW 9A.42.020) 12 13 14 Indecent Liberties (with forcible compulsion) (RCW 9A.44.100(1)(a)) 15 Kidnapping 1 (RCW 9A.40.020) 16 17 Leading Organized Crime (RCW 9A.82.060(1)(a)) 18 19 Malicious explosion 3 (RCW 70.74.280(3)) 20 21 Sexually Violent Predator Escape (RCW 9A.76.115) 22 23 IX Abandonment of Dependent Person 1 (RCW 9A.42.060) 24 Assault of a Child 2 (RCW 9A.36.130) 25 26 Explosive devices prohibited (RCW 70.74.180) 27 28 Hit and Run—Death (RCW 46.52.020(4)(a)) 29 30 31 Homicide by Watercraft, by being under the influence of intoxicating liquor or any drug (RCW 79A.60.050) 32 33 Inciting Criminal Profiteering (RCW 9A.82.060(1)(b)) 34 35 Malicious placement of an explosive 2 (RCW 70.74.270(2)) p. 24 SB 5850 1 Robbery 1 (RCW 9A.56.200) 2 Sexual Exploitation (RCW 9.68A.040) 3 VIII Arson 1 (RCW 9A.48.020) 4 5 Commercial Sexual Abuse of a Minor (RCW 9.68A.100) 6 7 8 Homicide by Watercraft, by the operation of any vessel in a reckless manner (RCW 79A.60.050) 9 Manslaughter 2 (RCW 9A.32.070) 10 11 Promoting Prostitution 1 (RCW 9A.88.070) 12 Theft of Ammonia (RCW 69.55.010) 13 14 15 VII Air bag diagnostic systems (causing bodily injury or death) (RCW 46.37.660(2)(b)) 16 17 18 Air bag replacement requirements (causing bodily injury or death) (RCW 46.37.660(1)(b)) 19 Burglary 1 (RCW 9A.52.020) 20 Child Molestation 2 (RCW 9A.44.086) 21 22 Civil Disorder Training (RCW 9A.48.120) 23 24 25 Dealing in depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.050(1)) 26 Drive-by Shooting (RCW 9A.36.045) 27 28 29 Homicide by Watercraft, by disregard for the safety of others (RCW 79A.60.050) 30 31 32 Indecent Liberties (without forcible compulsion) (RCW 9A.44.100(1) (b) and (c)) 33 34 Introducing Contraband 1 (RCW 9A.76.140) p. 25 SB 5850 1 2 Malicious placement of an explosive 3 (RCW 70.74.270(3)) 3 4 5 6 7 Manufacture or import counterfeit, nonfunctional, damaged, or previously deployed air bag (causing bodily injury or death) (RCW 46.37.650(1)(b)) 8 9 10 Negligently Causing Death By Use of a Signal Preemption Device (RCW 46.37.675) 11 12 13 14 Sell, install, or reinstall counterfeit, nonfunctional, damaged, or previously deployed airbag (RCW 46.37.650(2)(b)) 15 16 17 18 Sending, bringing into state depictions of minor engaged in sexually explicit conduct 1 (RCW 9.68A.060(1)) 19 20 Unlawful Possession of a Firearm in the first degree (RCW 9.41.040(1)) 21 22 23 Use of a Machine Gun or Bump-fire Stock in Commission of a Felony (RCW 9.41.225) 24 25 26 Vehicular Homicide, by disregard for the safety of others (RCW 46.61.520) 27 28 VI Bail Jumping with Murder 1 (RCW 9A.76.170(3)(a)) 29 Bribery (RCW 9A.68.010) 30 Incest 1 (RCW 9A.64.020(1)) 31 Intimidating a Judge (RCW 9A.72.160) 32 33 Intimidating a Juror/Witness (RCW 9A.72.110, 9A.72.130) 34 35 Malicious placement of an imitation device 2 (RCW 70.74.272(1)(b)) p. 26 SB 5850 1 2 3 Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.070(1)) 4 Rape of a Child 3 (RCW 9A.44.079) 5 Theft of a Firearm (RCW 9A.56.300) 6 7 Theft from a Vulnerable Adult 1 (RCW 9A.56.400(1)) 8 9 Unlawful Storage of Ammonia (RCW 69.55.020) 10 11 V Abandonment of Dependent Person 2 (RCW 9A.42.070) 12 13 14 Advancing money or property for extortionate extension of credit (RCW 9A.82.030) 15 16 Air bag diagnostic systems (RCW 46.37.660(2)(c)) 17 18 Air bag replacement requirements (RCW 46.37.660(1)(c)) 19 20 Bail Jumping with class A Felony (RCW 9A.76.170(3)(b)) 21 Child Molestation 3 (RCW 9A.44.089) 22 23 Criminal Mistreatment 2 (RCW 9A.42.030) 24 25 Custodial Sexual Misconduct 1 (RCW 9A.44.160) 26 27 28 Dealing in Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.050(2)) 29 30 31 32 33 Domestic Violence Court Order Violation (RCW 10.99.040, 10.99.050, 26.09.300, 26.10.220, ((26.26.138)) 26.26B.050, 26.50.110, 26.52.070, or 74.34.145) 34 Extortion 1 (RCW 9A.56.120) 35 36 Extortionate Extension of Credit (RCW 9A.82.020) p. 27 SB 5850 1 2 3 Extortionate Means to Collect Extensions of Credit (RCW 9A.82.040) 4 Incest 2 (RCW 9A.64.020(2)) 5 Kidnapping 2 (RCW 9A.40.030) 6 7 8 9 Manufacture or import counterfeit, nonfunctional, damaged, or previously deployed air bag (RCW 46.37.650(1)(c)) 10 Perjury 1 (RCW 9A.72.020) 11 12 Persistent prison misbehavior (RCW 9.94.070) 13 14 Possession of a Stolen Firearm (RCW 9A.56.310) 15 Rape 3 (RCW 9A.44.060) 16 17 Rendering Criminal Assistance 1 (RCW 9A.76.070) 18 19 20 21 Sell, install, or reinstall counterfeit, nonfunctional, damaged, or previously deployed airbag (RCW 46.37.650(2)(c)) 22 23 24 25 Sending, Bringing into State Depictions of Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.060(2)) 26 27 Sexual Misconduct with a Minor 1 (RCW 9A.44.093) 28 29 Sexually Violating Human Remains (RCW 9A.44.105) 30 Stalking (RCW 9A.46.110) 31 32 Taking Motor Vehicle Without Permission 1 (RCW 9A.56.070) 33 IV Arson 2 (RCW 9A.48.030) 34 Assault 2 (RCW 9A.36.021) p. 28 SB 5850 1 2 3 Assault 3 (of a Peace Officer with a Projectile Stun Gun) (RCW 9A.36.031(1)(h)) 4 5 Assault 4 (third domestic violence offense) (RCW 9A.36.041(3)) 6 7 Assault by Watercraft (RCW 79A.60.060) 8 9 10 Bribing a Witness/Bribe Received by Witness (RCW 9A.72.090, 9A.72.100) 11 Cheating 1 (RCW 9.46.1961) 12 Commercial Bribery (RCW 9A.68.060) 13 Counterfeiting (RCW 9.16.035(4)) 14 15 Driving While Under the Influence (RCW 46.61.502(6)) 16 17 Endangerment with a Controlled Substance (RCW 9A.42.100) 18 Escape 1 (RCW 9A.76.110) 19 Hate Crime (RCW 9A.36.080) 20 21 Hit and Run—Injury (RCW 46.52.020(4)(b)) 22 23 Hit and Run with Vessel—Injury Accident (RCW 79A.60.200(3)) 24 Identity Theft 1 (RCW 9.35.020(2)) 25 26 27 Indecent Exposure to Person Under Age Fourteen (subsequent sex offense) (RCW 9A.88.010) 28 29 Influencing Outcome of Sporting Event (RCW 9A.82.070) 30 31 ((Malicious Harassment (RCW 9A.36.080))) 32 33 34 Physical Control of a Vehicle While Under the Influence (RCW 46.61.504(6)) p. 29 SB 5850 1 2 3 Possession of Depictions of a Minor Engaged in Sexually Explicit Conduct 2 (RCW 9.68A.070(2)) 4 Residential Burglary (RCW 9A.52.025) 5 Robbery 2 (RCW 9A.56.210) 6 Theft of Livestock 1 (RCW 9A.56.080) 7 Threats to Bomb (RCW 9.61.160) 8 9 Trafficking in Stolen Property 1 (RCW 9A.82.050) 10 11 12 Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(b)) 13 14 15 Unlawful transaction of health coverage as a health care service contractor (RCW 48.44.016(3)) 16 17 18 Unlawful transaction of health coverage as a health maintenance organization (RCW 48.46.033(3)) 19 20 Unlawful transaction of insurance business (RCW 48.15.023(3)) 21 22 Unlicensed practice as an insurance professional (RCW 48.17.063(2)) 23 24 25 Use of Proceeds of Criminal Profiteering (RCW 9A.82.080 (1) and (2)) 26 27 Vehicle Prowling 2 (third or subsequent offense) (RCW 9A.52.100(3)) 28 29 30 31 32 Vehicular Assault, by being under the influence of intoxicating liquor or any drug, or by the operation or driving of a vehicle in a reckless manner (RCW 46.61.522) 33 34 35 Viewing of Depictions of a Minor Engaged in Sexually Explicit Conduct 1 (RCW 9.68A.075(1)) p. 30 SB 5850 1 2 Willful Failure to Return from Furlough (RCW 72.66.060) 3 4 III Animal Cruelty 1 (Sexual Conduct or Contact) (RCW 16.52.205(3)) 5 6 7 8 Assault 3 (Except Assault 3 of a Peace Officer With a Projectile Stun Gun) (RCW 9A.36.031 except subsection (1)(h)) 9 Assault of a Child 3 (RCW 9A.36.140) 10 11 Bail Jumping with class B or C Felony (RCW 9A.76.170(3)(c)) 12 Burglary 2 (RCW 9A.52.030) 13 14 15 Communication with a Minor for Immoral Purposes (RCW 9.68A.090) 16 17 Criminal Gang Intimidation (RCW 9A.46.120) 18 Custodial Assault (RCW 9A.36.100) 19 20 Cyberstalking (subsequent conviction or threat of death) (RCW 9.61.260(3)) 21 Escape 2 (RCW 9A.76.120) 22 Extortion 2 (RCW 9A.56.130) 23 Harassment (RCW 9A.46.020) 24 25 Intimidating a Public Servant (RCW 9A.76.180) 26 27 Introducing Contraband 2 (RCW 9A.76.150) 28 29 Malicious Injury to Railroad Property (RCW 81.60.070) 30 Mortgage Fraud (RCW 19.144.080) 31 32 33 34 Negligently Causing Substantial Bodily Harm By Use of a Signal Preemption Device (RCW 46.37.674) p. 31 SB 5850 1 2 Organized Retail Theft 1 (RCW 9A.56.350(2)) 3 Perjury 2 (RCW 9A.72.030) 4 5 Possession of Incendiary Device (RCW 9.40.120) 6 7 8 Possession of Machine Gun, Bump-fire Stock, or Short-Barreled Shotgun or Rifle (RCW 9.41.190) 9 10 Promoting Prostitution 2 (RCW 9A.88.080) 11 12 Retail Theft with Special Circumstances 1 (RCW 9A.56.360(2)) 13 14 Securities Act violation (RCW 21.20.400) 15 16 Tampering with a Witness (RCW 9A.72.120) 17 18 19 Telephone Harassment (subsequent conviction or threat of death) (RCW 9.61.230(2)) 20 Theft of Livestock 2 (RCW 9A.56.083) 21 22 Theft with the Intent to Resell 1 (RCW 9A.56.340(2)) 23 24 Trafficking in Stolen Property 2 (RCW 9A.82.055) 25 26 Unlawful Hunting of Big Game 1 (RCW 77.15.410(3)(b)) 27 28 Unlawful Imprisonment (RCW 9A.40.040) 29 30 Unlawful Misbranding of ((Food)) Fish or Shellfish 1 (RCW 77.140.060(3)) 31 32 Unlawful possession of firearm in the second degree (RCW 9.41.040(2)) 33 34 Unlawful Taking of Endangered Fish or Wildlife 1 (RCW 77.15.120(3)(b)) p. 32 SB 5850 1 2 3 Unlawful Trafficking in Fish, Shellfish, or Wildlife 1 (RCW 77.15.260(3)(b)) 4 5 Unlawful Use of a Nondesignated Vessel (RCW 77.15.530(4)) 6 7 8 9 Vehicular Assault, by the operation or driving of a vehicle with disregard for the safety of others (RCW 46.61.522) 10 11 Willful Failure to Return from Work Release (RCW 72.65.070) 12 13 II Commercial Fishing Without a License 1 (RCW 77.15.500(3)(b)) 14 Computer Trespass 1 (RCW 9A.90.040) 15 Counterfeiting (RCW 9.16.035(3)) 16 17 Electronic Data Service Interference (RCW 9A.90.060) 18 19 Electronic Data Tampering 1 (RCW 9A.90.080) 20 Electronic Data Theft (RCW 9A.90.100) 21 22 Engaging in Fish Dealing Activity Unlicensed 1 (RCW 77.15.620(3)) 23 24 Escape from Community Custody (RCW 72.09.310) 25 26 27 28 Failure to Register as a Sex Offender (second or subsequent offense) (RCW 9A.44.130 prior to June 10, 2010, and RCW 9A.44.132) 29 30 Health Care False Claims (RCW 48.80.030) 31 Identity Theft 2 (RCW 9.35.020(3)) 32 33 Improperly Obtaining Financial Information (RCW 9.35.010) 34 Malicious Mischief 1 (RCW 9A.48.070) 35 36 Organized Retail Theft 2 (RCW 9A.56.350(3)) p. 33 SB 5850 1 2 Possession of Stolen Property 1 (RCW 9A.56.150) 3 4 Possession of a Stolen Vehicle (RCW 9A.56.068) 5 6 Retail Theft with Special Circumstances 2 (RCW 9A.56.360(3)) 7 8 9 10 Scrap Processing, Recycling, or Supplying Without a License (second or subsequent offense) (RCW 19.290.100) 11 Theft 1 (RCW 9A.56.030) 12 13 Theft of a Motor Vehicle (RCW 9A.56.065) 14 15 16 17 Theft of Rental, Leased, Lease- purchased, or Loaned Property (valued at five thousand dollars or more) (RCW 9A.56.096(5)(a)) 18 19 Theft with the Intent to Resell 2 (RCW 9A.56.340(3)) 20 21 Trafficking in Insurance Claims (RCW 48.30A.015) 22 23 24 Unlawful factoring of a credit card or payment card transaction (RCW 9A.56.290(4)(a)) 25 26 27 Unlawful Participation of Non-Indians in Indian Fishery (RCW 77.15.570(2)) 28 29 Unlawful Practice of Law (RCW 2.48.180) 30 31 Unlawful Purchase or Use of a License (RCW 77.15.650(3)(b)) 32 33 34 Unlawful Trafficking in Fish, Shellfish, or Wildlife 2 (RCW 77.15.260(3)(a)) 35 36 Unlicensed Practice of a Profession or Business (RCW 18.130.190(7)) p. 34 SB 5850 1 Voyeurism 1 (RCW 9A.44.115) 2 3 I Attempting to Elude a Pursuing Police Vehicle (RCW 46.61.024) 4 5 False Verification for Welfare (RCW 74.08.055) 6 Forgery (RCW 9A.60.020) 7 8 9 Fraudulent Creation or Revocation of a Mental Health Advance Directive (RCW 9A.60.060) 10 Malicious Mischief 2 (RCW 9A.48.080) 11 Mineral Trespass (RCW 78.44.330) 12 13 Possession of Stolen Property 2 (RCW 9A.56.160) 14 Reckless Burning 1 (RCW 9A.48.040) 15 16 Spotlighting Big Game 1 (RCW 77.15.450(3)(b)) 17 18 Suspension of Department Privileges 1 (RCW 77.15.670(3)(b)) 19 20 Taking Motor Vehicle Without Permission 2 (RCW 9A.56.075) 21 Theft 2 (RCW 9A.56.040) 22 23 Theft from a Vulnerable Adult 2 (RCW 9A.56.400(2)) 24 25 26 27 28 29 Theft of Rental, Leased, Lease- purchased, or Loaned Property (valued at seven hundred fifty dollars or more but less than five thousand dollars) (RCW 9A.56.096(5)(b)) 30 31 32 Transaction of insurance business beyond the scope of licensure (RCW 48.17.063) 33 34 Unlawful Fish and Shellfish Catch Accounting (RCW 77.15.630(3)(b)) 35 36 Unlawful Issuance of Checks or Drafts (RCW 9A.56.060) p. 35 SB 5850 1 2 Unlawful Possession of Fictitious Identification (RCW 9A.56.320) 3 4 Unlawful Possession of Instruments of Financial Fraud (RCW 9A.56.320) 5 6 Unlawful Possession of Payment Instruments (RCW 9A.56.320) 7 8 9 Unlawful Possession of a Personal Identification Device (RCW 9A.56.320) 10 11 Unlawful Production of Payment Instruments (RCW 9A.56.320) 12 13 14 15 Unlawful Releasing, Planting, Possessing, or Placing Deleterious Exotic Wildlife (RCW 77.15.250(2)(b)) 16 17 Unlawful Trafficking in Food Stamps (RCW 9.91.142) 18 19 Unlawful Use of Food Stamps (RCW 9.91.144) 20 21 Unlawful Use of Net to Take Fish 1 (RCW 77.15.580(3)(b)) 22 23 24 Unlawful Use of Prohibited Aquatic Animal Species (RCW 77.15.253(3)) 25 Vehicle Prowl 1 (RCW 9A.52.095) 26 27 Violating Commercial Fishing Area or Time 1 (RCW 77.15.550(3)(b)) Sec. 7. RCW 9A.36.083 and 1993 c 127 s 3 are each amended to 28 read as follows: 29 In addition to the criminal penalty provided in RCW 9A.36.080 for 30 committing a ((crime of malicious harassment)) hate crime offense, 31 the victim may bring a civil cause of action for ((malicious 32 harassment)) the hate crime offense against the ((harasser)) person 33 who committed the offense. A person may be liable to the victim of 34 ((malicious harassment)) the hate crime offense for actual damages, 35 p. 36 SB 5850 punitive damages of up to ten thousand dollars, and reasonable 1 attorneys' fees and costs incurred in bringing the action. 2 Sec. 8. RCW 9A.46.060 and 2006 c 138 s 21 are each amended to 3 read as follows: 4 As used in this chapter, "harassment" may include but is not 5 limited to any of the following crimes: 6 (1) Harassment (RCW 9A.46.020); 7 (2) ((Malicious harassment)) Hate crime (RCW 9A.36.080); 8 (3) Telephone harassment (RCW 9.61.230); 9 (4) Assault in the first degree (RCW 9A.36.011); 10 (5) Assault of a child in the first degree (RCW 9A.36.120); 11 (6) Assault in the second degree (RCW 9A.36.021); 12 (7) Assault of a child in the second degree (RCW 9A.36.130); 13 (8) Assault in the fourth degree (RCW 9A.36.041); 14 (9) Reckless endangerment (RCW 9A.36.050); 15 (10) Extortion in the first degree (RCW 9A.56.120); 16 (11) Extortion in the second degree (RCW 9A.56.130); 17 (12) Coercion (RCW 9A.36.070); 18 (13) Burglary in the first degree (RCW 9A.52.020); 19 (14) Burglary in the second degree (RCW 9A.52.030); 20 (15) Criminal trespass in the first degree (RCW 9A.52.070); 21 (16) Criminal trespass in the second degree (RCW 9A.52.080); 22 (17) Malicious mischief in the first degree (RCW 9A.48.070); 23 (18) Malicious mischief in the second degree (RCW 9A.48.080); 24 (19) Malicious mischief in the third degree (RCW 9A.48.090); 25 (20) Kidnapping in the first degree (RCW 9A.40.020); 26 (21) Kidnapping in the second degree (RCW 9A.40.030); 27 (22) Unlawful imprisonment (RCW 9A.40.040); 28 (23) Rape in the first degree (RCW 9A.44.040); 29 (24) Rape in the second degree (RCW 9A.44.050); 30 (25) Rape in the third degree (RCW 9A.44.060); 31 (26) Indecent liberties (RCW 9A.44.100); 32 (27) Rape of a child in the first degree (RCW 9A.44.073); 33 (28) Rape of a child in the second degree (RCW 9A.44.076); 34 (29) Rape of a child in the third degree (RCW 9A.44.079); 35 (30) Child molestation in the first degree (RCW 9A.44.083); 36 (31) Child molestation in the second degree (RCW 9A.44.086); 37 (32) Child molestation in the third degree (RCW 9A.44.089); 38 (33) Stalking (RCW 9A.46.110); 39 p. 37 SB 5850 (34) Cyberstalking (RCW 9.61.260); 1 (35) Residential burglary (RCW 9A.52.025); 2 (36) Violation of a temporary, permanent, or final protective 3 order issued pursuant to chapter 7.90, 9A.46, 10.14, 10.99, 26.09, or 4 26.50 RCW; 5 (37) Unlawful discharge of a laser in the first degree (RCW 6 9A.49.020); and 7 (38) Unlawful discharge of a laser in the second degree (RCW 8 9A.49.030). 9 Sec. 9. RCW 43.43.830 and 2017 c 272 s 5 are each amended to 10 read as follows: 11 Unless the context clearly requires otherwise, the definitions in 12 this section apply throughout RCW 43.43.830 through 43.43.845. 13 (1) "Agency" means any person, firm, partnership, association, 14 corporation, or facility which receives, provides services to, houses 15 or otherwise cares for vulnerable adults, juveniles, or children, or 16 which provides child day care, early learning, or early childhood 17 education services. 18 (2) "Applicant" means: 19 (a) Any prospective employee who will or may have unsupervised 20 access to children under sixteen years of age or developmentally 21 disabled persons or vulnerable adults during the course of his or her 22 employment or involvement with the business or organization; 23 (b) Any prospective volunteer who will have regularly scheduled 24 unsupervised access to children under sixteen years of age, 25 developmentally disabled persons, or vulnerable adults during the 26 course of his or her employment or involvement with the business or 27 organization under circumstances where such access will or may 28 involve groups of (i) five or fewer children under twelve years of 29 age, (ii) three or fewer children between twelve and sixteen years of 30 age, (iii) developmentally disabled persons, or (iv) vulnerable 31 adults; 32 (c) Any prospective adoptive parent, as defined in RCW 26.33.020; 33 or 34 (d) Any prospective custodian in a nonparental custody proceeding 35 under chapter 26.10 RCW. 36 (3) "Business or organization" means a person, business, or 37 organization licensed in this state, any agency of the state, or 38 other governmental entity, that educates, trains, treats, supervises, 39 p. 38 SB 5850 houses, or provides recreation to developmentally disabled persons, 1 vulnerable adults, or children under sixteen years of age, or that 2 provides child day care, early learning, or early learning childhood 3 education services, including but not limited to public housing 4 authorities, school districts, and educational service districts. 5 (4) "Civil adjudication proceeding" is a judicial or 6 administrative adjudicative proceeding that results in a finding of, 7 or upholds an agency finding of, domestic violence, abuse, sexual 8 abuse, neglect, abandonment, violation of a professional licensing 9 standard regarding a child or vulnerable adult, or exploitation or 10 financial exploitation of a child or vulnerable adult under any 11 provision of law, including but not limited to chapter 13.34, 26.44, 12 or 74.34 RCW, or rules adopted under chapters 18.51 and 74.42 RCW. 13 "Civil adjudication proceeding" also includes judicial or 14 administrative findings that become final due to the failure of the 15 alleged perpetrator to timely exercise a legal right to 16 administratively challenge such findings. 17 (5) "Client" or "resident" means a child, person with 18 developmental disabilities, or vulnerable adult applying for housing 19 assistance from a business or organization. 20 (6) "Conviction record" means "conviction record" information as 21 defined in RCW 10.97.030 and 10.97.050 relating to a crime committed 22 by either an adult or a juvenile. It does not include a conviction 23 for an offense that has been the subject of an expungement, pardon, 24 annulment, certificate of rehabilitation, or other equivalent 25 procedure based on a finding of the rehabilitation of the person 26 convicted, or a conviction that has been the subject of a pardon, 27 annulment, or other equivalent procedure based on a finding of 28 innocence. It does include convictions for offenses for which the 29 defendant received a deferred or suspended sentence, unless the 30 record has been expunged according to law. 31 (7) "Crime against children or other persons" means a conviction 32 of any of the following offenses: Aggravated murder; first or second 33 degree murder; first or second degree kidnapping; first, second, or 34 third degree assault; fourth degree assault (if a violation of RCW 35 9A.36.041(3)); first, second, or third degree assault of a child; 36 first, second, or third degree rape; first, second, or third degree 37 rape of a child; first or second degree robbery; first degree arson; 38 first degree burglary; first or second degree manslaughter; first or 39 second degree extortion; indecent liberties; incest; vehicular 40 p. 39 SB 5850 homicide; first degree promoting prostitution; communication with a 1 minor; unlawful imprisonment; simple assault; sexual exploitation of 2 minors; first or second degree criminal mistreatment; endangerment 3 with a controlled substance; child abuse or neglect as defined in RCW 4 26.44.020; first or second degree custodial interference; first or 5 second degree custodial sexual misconduct; ((malicious harassment)) 6 hate crime; first, second, or third degree child molestation; first 7 or second degree sexual misconduct with a minor; commercial sexual 8 abuse of a minor; child abandonment; promoting pornography; selling 9 or distributing erotic material to a minor; custodial assault; 10 violation of child abuse restraining order; child buying or selling; 11 prostitution; felony indecent exposure; criminal abandonment; or any 12 of these crimes as they may be renamed in the future. 13 (8) "Crimes relating to drugs" means a conviction of a crime to 14 manufacture, delivery, or possession with intent to manufacture or 15 deliver a controlled substance. 16 (9) "Crimes relating to financial exploitation" means a 17 conviction for first, second, or third degree extortion; first, 18 second, or third degree theft; first or second degree robbery; 19 forgery; or any of these crimes as they may be renamed in the future. 20 (10) "Financial exploitation" means "financial exploitation" as 21 defined in RCW 74.34.020. 22 (11) "Health care facility" means a nursing home licensed under 23 chapter 18.51 RCW, ((a [an])) an assisted living facility licensed 24 under chapter 18.20 RCW, or an adult family home licensed under 25 chapter 70.128 RCW. 26 (12) "Peer counselor" means a nonprofessional person who has 27 equal standing with another person, providing advice on a topic about 28 which the nonprofessional person is more experienced or 29 knowledgeable, and who is a counselor for a peer counseling program 30 that contracts with or is otherwise approved by the department, 31 another state or local agency, or the court. 32 (13) "Unsupervised" means not in the presence of: 33 (a) Another employee or volunteer from the same business or 34 organization as the applicant; or 35 (b) Any relative or guardian of any of the children or 36 developmentally disabled persons or vulnerable adults to which the 37 applicant has access during the course of his or her employment or 38 involvement with the business or organization. 39 p. 40 SB 5850 With regard to peer counselors, "unsupervised" does not include 1 incidental contact with children under age sixteen at the location at 2 which the peer counseling is taking place. "Incidental contact" means 3 minor or casual contact with a child in an area accessible to and 4 within visual or auditory range of others. It could include passing a 5 child while walking down a hallway but would not include being alone 6 with a child for any period of time in a closed room or office. 7 (14) "Vulnerable adult" means "vulnerable adult" as defined in 8 chapter 74.34 RCW, except that for the purposes of requesting and 9 receiving background checks pursuant to RCW 43.43.832, it shall also 10 include adults of any age who lack the functional, mental, or 11 physical ability to care for themselves. 12 Sec. 10. RCW 48.18.553 and 2003 c 117 s 1 are each amended to 13 read as follows: 14 (1) For the purposes of this section: 15 (a) "Insured" means a current policyholder or a person or entity 16 that is covered under the insurance policy. 17 (b) (("Malicious harassment")) "Hate crime offense" has the same 18 meaning as RCW 9A.36.080. Under this section, the perpetrator does 19 not have to be identified for ((an act of malicious harassment)) a 20 hate crime offense to have occurred. 21 (c) "Underwriting action" means an insurer: 22 (i) Cancels or refuses to renew an insurance policy; or 23 (ii) Changes the terms or benefits in an insurance policy. 24 (2) This section applies to property insurance policies if the 25 insured is: 26 (a) An individual; 27 (b) A religious organization; 28 (c) An educational organization; or 29 (d) Any other nonprofit organization that is organized and 30 operated for religious, charitable, or educational purposes. 31 (3) An insurer may not take an underwriting action on a policy 32 described in subsection (2) of this section because an insured has 33 made one or more insurance claims for any loss that occurred during 34 the preceding sixty months that is the result of ((malicious 35 harassment)) a hate crime offense. An insurer may take an 36 underwriting action due to other factors that are not prohibited by 37 this subsection. 38 p. 41 SB 5850 (4) If an insured sustains a loss that is the result of 1 ((malicious harassment)) a hate crime offense, the insured must file 2 a report with the police or other law enforcement authority within 3 thirty days of discovery of the incident, and a law enforcement 4 authority must determine that a crime has occurred. The report must 5 contain sufficient information to provide an insurer with reasonable 6 notice that the loss was the result of ((malicious harassment)) a 7 hate crime offense. The insured has a duty to cooperate with any law 8 enforcement official or insurer investigation. ((For incidents of 9 malicious harassment occurring prior to July 27, 2003, the insured 10 must file the report within six months of the discovery of the 11 incident.)) 12 (5) Annually, each insurer must report underwriting actions to 13 the commissioner if the insurer has taken an underwriting action 14 against any insured who has filed a claim during the preceding sixty 15 months that was the result of ((malicious harassment)) a hate crime 16 offense. The report must include the policy number, name of the 17 insured, location of the property, and the reason for the 18 underwriting action. 19 --- END --- p. 42 SB 5850