ELECTIONS - CITIZENSHIP - CRIMES
RESTORATION OF CIVIL RIGHTS BY GOVERNOR (1) A person who has been convicted of a felony under federal law, or under the law of another state, unless restored to his civil rights, should be regarded as disqualified from voting in the state of Washington under Article VI, § 3 of the state Constitution, unless the felony of which the person was convicted has a counterpart which is not a felony under the criminal laws of this state.(2) To the extent that a person who has been convicted of a crime under federal law or under the law of another state is disqualified from voting in the state of Washington, the governor of this state has the authority to restore such person's civil rights so as to enable him to vote in this state.
COURTS - JUVENILE - CRIMES - INFANTS
INFANCY AS DEFENSE TO CHARGED COMMISSION OF JUVENILE OFFENSE The provisions of RCW 9A.04.050, under which children under eight years of age are incapable of committing a crime and children between eight and twelve years of age are presumed to be incapable of committing a crime, do not apply in a proceeding in juvenile court under chapter 13.40 RCW to have such child adjudged a "juvenile offender" as defined in RCW 13.40.020(11).
COUNSEL AND RELEASE - MINORS - JUVENILE COURT - DEPARTMENT OF LICENSING - REVOCATION DRIVERS LICENSES - CRIMES - PUNISHMENT
COUNSEL AND RELEASE--MINORS--JUVENILE COURT--DEPARTMENT OF LICENSING--REVOCATION DRIVERS LICENSES--CRIMES--PUNISHMENT RCW 13.40.265(2)(a) provides that if a juvenile enters into a diversion agreement with a diversion unit concerning certain offenses, the Department of Licensing shall be notified. Once notified RCW 46.20.265 requires the Department to revoke the driver's license of the juvenile. These provisions do not apply when the diversion unit employs the counsel and release procedure authorized by RCW 13.40.080(11) instead of entering into a diversion agreement.
CRIMES - SUSPENDED SENTENCES - ESTABLISHMENT OF A TERMINATION DATE THEREFOR
CRIMES ‑- SUSPENDED SENTENCES ‑- ESTABLISHMENT OF A TERMINATION DATE THEREFOR A court, upon granting a suspended sentence under RCW 9.92.060 to a person who has been convicted of a crime rendering him eligible for such a suspended sentence, may not establish a termination date therefor which is later than the time the sentence imposed would have elapsed if it were not suspended, even though the sentence actually imposed was less than the maximum sentence permitted for the crime in question.
CRIMES - COURTS - COUNTIES - CITIES AND TOWNS
PENALTY ASSESSMENTS FOR CRIME VICTIMS' COMPENSATION (1) Under the provisions of § 6, chapter 8, Laws of 1982, 1st Ex. Sess., the Administrator for the Courts is required, in 1983, to compile a report covering crime victims' compensation penalty assessments paid, or due, during calendar year 1982.(2) A crime victims' compensation penalty assessment is to be paid pursuant to RCW 7.68.035(3), as amended by chapter 8, Laws of 1982, 1st Ex. Sess., upon forfeiture of bail where the offense with which the defendant was charged is either (a) a crime defined by state law which is punishable, thereunder, as a felony or a gross misdemeanor, or (b) a crime defined by a city ordinance which is punishable thereunder as a gross misdemeanor and which, in addition, covers conduct which is the same, or substantially the same, as conduct which is defined to be criminal by state law.(3) A crime victims' compensation penalty assessment is to be imposed under RCW 7.68.035(1), as amended, when an accused individual is found guilty of having committed any crime defined by either a state statute or a county or city ordinance, including ordinary misdemeanors, with the exception of those motor vehicle crimes expressly referred to in subsection (2) of the statute, whether defined by state statute or by a substantially similar municipal ordinance.(4) The penalty assessment provided for by RCW 7.68.035(1), as amended, is applicable in the case of a conviction, on or after March 27, 1982, of a crime committed prior to the date.(5) If a person is found guilty of a number of separate counts contained in the same criminal information, each of which represents a separate and distinct crime, a penalty assessment is to be imposed under RCW 7.68.035(1), as amended, on the basis of each such count.(6) A crime victims' compensation penalty assessment is not to be imposed, under RCW 7.68.035, as amended, on an alleged juvenile offender who has undergone diversion proceedings pursuant to chapter 13.40 RCW.
COURTS - JUSTICE - COUNTIES - CRIMES - FUNDS - COMPENSATION FOR ATTORNEYS OF INDIGENT DEFENDANTS
COURTS ‑- JUSTICE ‑- COUNTIES ‑- CRIMES ‑- FUNDS ‑- COMPENSATION FOR ATTORNEYS OF INDIGENT DEFENDANTS Attorneys who are constitutionally required to be appointed to represent indigent defendants in misdemeanor cases before a district justice court are to be compensated for their services under RCW 10.01.110; however, the costs of such compensation must be drawn from the county current expense fund of the county in which the court is situated and not from justice court revenues under RCW 3.62.050.
OFFICES AND OFFICERS - STATE - DEPARTMENT OF LABOR AND INDUSTRIES - CRIMES
COST OF LIVING INCREASES UNDER CRIME VICTIMS' COMPENSATION LAW A public utility district may annex adjacent territory located in a county other than that in which the district was created where such adjacent territory is not situated within the boundaries of another public utility district.
CRIMES - FELONY - CONVICTION - COMMISSION OF SECOND FELONY WHILE SENTENCE SUSPENDED ON FIRST FELONY
CRIMES ‑- FELONY ‑- CONVICTION ‑- COMMISSION OF SECOND FELONY WHILE SENTENCE SUSPENDED ON FIRST FELONY The various subsections of § 1, chapter 262, Laws of 1961 (RCW 58.18.010), became operative only where the requisite maps are maintained by the assessor and he has, with the permission of the county commissioners, filed an assessor's plat.
OFFICES AND OFFICERS - COUNTY - CITY - CRIMES - RECORDS
OFFICES AND OFFICERS ‑- COUNTY ‑- CITY ‑- CRIMES ‑- RECORDS The provisions of § 4 (1), chapter 202, Laws of 1973, 1st Ex. Sess., do not prohibit persons obtaining specific investigative information regarding organized crime activities by reason of their public employment with the state of Washington or its political subdivisions from divulging that information to nonlaw enforcement agencies such as mayors, city councils, licensing departments, legislative committees or other regulatory bodies when called upon to do so in the performance of their official functions and duties.
CRIMES - USE OF DEADLY WEAPON - STIPULATION OF COUNSEL
CRIMES ‑- USE OF DEADLY WEAPON ‑- STIPULATION OF COUNSEL A stipulation between counsel at the time of trial that a deadly weapon was used in the commission of the crime cannot be construed as being a finding of fact by the court or a special verdict by the jury that a deadly weapon as defined by RCW 9.95.040 was used in the commission of the crime charged as required by § 1, chapter 138, Laws of 1961, and should not be used by the board in fixing a mandatory minimum term of confinement under RCW 9.95.040.
LANDLORD-TENANT - CRIMES - CRIMINAL LIABILITY OF LANDLORD FOR UNLAWFUL ENTRY INTO PREMISES OF TENANT
LANDLORD-TENANT ‑- CRIMES ‑- CRIMINAL LIABILITY OF LANDLORD FOR UNLAWFUL ENTRY INTO PREMISES OF TENANT (1) A landlord or other person acting under his authority who enters the premises of his tenant without the tenant's consent or without the authorization granted by RCW 59.18.150 may be subject to prosecution for criminal trespass under RCW 9.83.080. (2) The defense against criminal liability for trespass afforded by RCW 9.83.080(3)(d) is not available to a landlord or one acting under his authority who has unlawfully entered upon the premises of a tenant. (3) A landlord who unlawfully enters upon the premises of his tenant may be deemed to have entered with the intent to commit a crime therein, and thus be found guilty of burglary in a criminal prosecution therefor, unless such unlawful entry can be explained by testimony satisfactory to the jury to have been made without criminal intent.
CRIMES - COURTS - SENTENCES - SENTENCING PROCEDURE UPON PLEA OF GUILTY TO FIRST DEGREE OF MURDER UNDER AGGRAVATING CIRCUMSTANCES
CRIMES ‑- COURTS ‑- SENTENCES ‑- SENTENCING PROCEDURE UPON PLEA OF GUILTY TO FIRST DEGREE OF MURDER UNDER AGGRAVATING CIRCUMSTANCES The sentencing procedure for murder in the first degree set forth in RCW 9A.32.040(2) does not apply so as to permit a person to be sentenced to life imprisonment without the possibility of parole upon a plea of guilty to first degree murder with an aggravating circumstance.
OFFICES AND OFFICERS - HEALTH - CRIMES - ENFORCEMENT OF REGULATIONS RESTRICTING SMOKING IN PUBLIC PLACES
OFFICES AND OFFICERS ‑- HEALTH ‑- CRIMES ‑- ENFORCEMENT OF REGULATIONS RESTRICTING SMOKING IN PUBLIC PLACES (1) RCW 43.20.050 does not require all state, county, city or township officers or employees to "enforce" the provisions of chapter 248-152 WAC restricting smoking in public places or be subject to criminal penalties for their failure to do so; instead, that statute only applies to those particular officers or employees who, by virtue of their offices or positions, are possessed of the legal authority to take some form of legal action against alleged violators of the regulations.(2) Although RCW 43.20.170 authorizes the director of Social and Health Services to utilize any of the special proceedings provided for in Title 7 RCW in enforcing State Board of Health regulations, except for a suit for injunctive relief under chapter 7.40 RCW, most of those special proceedings have little or no utility in that connection.
COURTS - JUVENILE - CRIMES - OFFICES AND OFFICERS - STATE - DEPARTMENT OF SOCIAL AND HEALTH SERVICES - JURISDICTION OF DEPARTMENT OVER DELINQUENT JUVENILES UPON ATTAINMENT OF AGE EIGHTEEN
COURTS ‑- JUVENILE ‑- CRIMES ‑- OFFICES AND OFFICERS ‑- STATE ‑- DEPARTMENT OF SOCIAL AND HEALTH SERVICES ‑- JURISDICTION OF DEPARTMENT OVER DELINQUENT JUVENILES UPON ATTAINMENT OF AGE EIGHTEEN Except where covered by a juvenile court order under § 1, chapter 170, Laws of 1975, 1st Ex. Sess., in the case of a juvenile in the custody of the department of social and health services who was not yet 18 when that law became effective, a juvenile who has been adjudged to be a delinquent child under RCW 13.04.010, et seq., and has therefore been committed by the juvenile court under RCW 13.04.095, may not, in view of In re Carson , 84 Wn.2d 969 (1975), continue to be held in custody solely on that basis after attaining the age of 18 years.
GAMBLING - LOTTERIES - CRIMES - APPLICABILITY OF CHAPTER 9.46 RCW TO SPORTS POOLS AND CERTAIN DICE OR CARD GAMES
GAMBLING ‑- LOTTERIES ‑- CRIMES ‑- APPLICABILITY OF CHAPTER 9.46 RCW TO SPORTS POOLS AND CERTAIN DICE OR CARD GAMES The proprietor or owner of a restaurant, tavern, coffee shop or similar establishment would be engaged in the conduct of prohibited gambling activities within the meaning of chapter 9.46 RCW if such proprietor or owner, without other participation in the game, were (1) To maintain on the premises for use by its patrons, customers or others a board, sheet or other similar paraphernalia to be used in the conduct of a football, baseball or other sports pool, and in connection with such pool were to assign scores, receive wagers and distribute anything of value to a contestant, although without fee, commission or other profit for such services; (2) Except to the extent of card games licensed under RCW 9.46.030, to furnish dice or playing cards to patrons, customers or others on the premises of the establishment to be utilized by such persons for gambling in order to determine which person in their number shall pay the cost of the meals, drinks or other sustenance purchased on the premises; (3) To maintain on the premises for the convenience of his patrons, customers or others, any of the aforesaid devices which are in fact owned by such persons and utilized by them for the purposes set forth in (2) above.
COURTS - CRIMES - FELONY CONVICTION - PROBATION WHERE EXECUTION OF SENTENCE SUSPENDED - PAROLE OFFICER
COURTS ‑- CRIMES ‑- FELONY CONVICTION ‑- PROBATION WHERE EXECUTION OF SENTENCE SUSPENDED ‑- PAROLE OFFICER (1) A court may dismiss a conviction of a felony and discharge a defendant who has been granted probation pursuant to chapter 227, Laws of 1957, where the execution of a sentence had been suspended. (2) There is no conflict between RCW 9.92.060 and RCW 9.95.200. The probation procedure (RCW 9.95.200) is available after conviction of any crime and the suspended sentence procedure in RCW 9.92.060 is available whenever any person has been convicted of any crime except murder, burglary in the first degree, arson in the first degree, robbery, carnal knowledge of a female child under age of 10 or rape. (3) The provision in RCW 9.92.060 which provides that a probationer shall be placed under the charge of a parole officer who is the duly appointed and acting officer of the institution to which the person is sentenced is mandatory and cannot be ignored.
CRIMES - INITIATIVE AND REFERENDUM - EFFECTIVE DATE OF DEATH PENALTY INITIATIVE
CRIMES ‑‑ INITIATIVE AND REFERENDUM ‑‑ EFFECTIVE DATE OF DEATH PENALTY INITIATIVE The provisions of Initiative No. 316, defining the crime of aggravated murder in the first degree and providing for a mandatory sentence of death with respect to that degree of murder, do not apply to offenses committed prior to July 1, 1976.
CRIMES - RAPE - MINIMUM TERM OF CONFINEMENT - DEFERRED OR SUSPENDED SENTENCE FOR COMMITMENT AS SEXUAL PSYCHOPATH
CRIMES ‑- RAPE ‑- MINIMUM TERM OF CONFINEMENT ‑- DEFERRED OR SUSPENDED SENTENCE FOR COMMITMENT AS SEXUAL PSYCHOPATH The requirement of § 4, chapter 14, Laws of 1975, 1st Ex.Sess. (RCW 9.79.170) that persons convicted of first degree rape ". . . be confined for a minimum of three years . . ." does not restrict the power of a superior court to grant a conditional release to a person earlier given a deferred or suspended sentence in order to be committed as a sexual psychopath under the provisions of RCW 71.06.060 and 71.06.091 following a conviction of first degree rape.
COURTS - COSTS - FEES - CRIMES - JURY
RECOUPMENT OF COSTS INCURRED IN PROSECUTION OF CONVICTED CRIMINAL DEFENDANT Under the provisions of § 1, chapter 96, Laws of 1975-76, 2nd Ex. Sess., costs incurred at public expense for the payment of appointed counsel for the defendant in a criminal case as well as witness fees paid by the state for its own and defendant's witnesses under chapter 2.40 RCW may be recovered pursuant to court order from the defendant if convicted; however, costs incurred in paying the compensation of jurors under RCW 2.36.150 may not be so recovered and the recovery of statutory filing fees from a convicted criminal defendant remains governed, as before, by the provisions of RCW 36.18.020(15).
CRIMES - CAPITAL PUNISHMENT - CONSTITUTIONALITY OF DEATH PENALTY - INITIATIVE AND REFERENDUM - ENACTMENT OF NEW DEATH PENALTY LAW
CRIMES ‑- CAPITAL PUNISHMENT ‑- CONSTITUTIONALITY OF DEATH PENALTY ‑- INITIATIVE AND REFERENDUM ‑- ENACTMENT OF NEW DEATH PENALTY LAW (1) Recent decisions by the United States Supreme Court holding mandatory death penalty laws to be unconstitutional have rendered RCW 9A.32.046, enacted pursuant to Initiative No. 316, constitutionally unenforceable; however, in line with other supreme court decisions involving death penalty laws a constitutionally valid death penalty statute may still be enacted in accordance with guidelines set forth in those decisions. (2) Because RCW 9A.32.046 was enacted as a part of Initiative No. 316 at the 1975 state general election, that statute may not be repealed by the legislature for a period of two years following its enactment and it may only be amended during such period by a two-thirds majority vote of the members of both houses of the legislature; however, this existing state death penalty statute may be amended or repealed at any time pursuant to an initiative or referendum measure approved by the voters. (3) It is possible that legislation establishing a new, constitutionally valid, death penalty for the state of Washington could be enacted by the legislature by a simple majority vote, even during the immediate two-year period following the passage of Initiative No. 316, if the new law is not drafted as either an amendment or repeal of RCW 9A.32.046.
FIREARMS - CRIMES
When convicted persons are entitled to restoration of firearm possession rights 1. RCW 9.41.040 defines the circumstances under which a person convicted of a misdemeanor might lose the right to possess a firearm and the circumstances in which such a right might be restored. 2. If a person is convicted of a crime for which RCW 9.41.040 prescribes no procedure for the restoration of firearm possession rights, the only available statutory remedy is a pardon by the governor with a finding either of innocence or of rehabilitation.
COLLECTION AGENCIES - CRIMES
Ability of collection agencies to use statutory notice of dishonor of check RCW 19.16.250 prohibits licensed debt collection agencies from threatening a debtor with criminal prosecution. This does not prevent an agency from including in the notice of dishonor of check the statutory language in RCW 62A.3-520 that cautions that law enforcement agencies may be provided with a copy of the notice.
CRIMES - JUVENILES - SEX OFFENDERS - COUNTIES - DEPARTMENT OF CORRECTIONS
Financial responsibility for treatment of first time sex offenders who are charged before their eighteenth birthdays 1. When a person is charged with a sex crime before his or her eighteenth birthday and is later convicted and receives a "special sex offender sentencing alternative", the state Department of Corrections is financially responsible for any treatment associated with the sentencing alternative. 2. When a person is charged with a sex crime before his or her eighteenth birthday and is later convicted and receives a "special sex offender sentencing alternative", the financial obligation of the Department of Corrections to pay for treatment continues after the person reaches the age of eighteen.
CRIMES - PENALTIES - COURTS - PENALTY FOR FAILURE TO APPEAR FOLLOWING RELEASE ON PERSONAL RECOGNIZANCE
CRIMES ‑- PENALTIES ‑- COURTS ‑- PENALTY FOR FAILURE TO APPEAR FOLLOWING RELEASE ON PERSONAL RECOGNIZANCE Except in the case of violations occurring between September 8, 1975 and July 1, 1976, to which RCW 10.19.130 applies, a person who fails to appear before a court after release on personal recognizance may not be charged with a crime under that statute; instead, the proper statute to be invoked in such cases is RCW 9A.76.170.
PUBLIC RECORDS - CRIMES - COURTS - DISPOSITION OF RECORDS PERTAINING TO DEFERRED CRIMINAL PROSECUTION
PUBLIC RECORDS ‑- CRIMES ‑- COURTS ‑- DISPOSITION OF RECORDS PERTAINING TO DEFERRED CRIMINAL PROSECUTION Records pertaining to a deferred criminal prosecution under chapter 10.05 RCW, following their removal from the court file in accordance with RCW 10.05.120, are not then required by that law either to be sealed or destroyed; however, limited concealment in a given case may be required either by the provisions of some other law (such as the state public disclosure law) or, conceivably, by court order.
CHILDREN - SCHOOLS TEACHERS - CRIMES - CHILD ABUSE
SCHOOLS TEACHERS 1. State law authorizes but does not require the Department of Social and Health Services (Child Protective Services) to investigate complaints of child abuse allegedly perpetrated by third parties (that is, persons not the parent or guardian of the child and not standing in loco parentis to the child). 2. State law authorizes but does not require the Department of Social and Health Services (Child Protective Services) to investigate complaints alleging physical or sexual abuse committed by a teacher against a child. 3. State law authorizes but does not require the Department of Social and Health Services (Child Protective Services) to investigate complaints alleging physical or sexual abuse committed by a neighbor against a child. 4. Although the Department of Social and Health Services is ordinarily not legally obligated to investigate complaints alleging physical or sexual abuse against a child by third parties, an obligation to investigate might arise where the abuse by the third party is directly related to neglect or abuse by the child's parent or guardian or by a person standing in loco parentis to the child.
CRIMES - CITY AND TOWN ORDINANCES - CITIES AND TOWNS - COUNTY FUNDS - COUNTIES - COURTS
CITY AND TOWN ORDINANCES 1. !ih*If a city or town police officer arrests a person for a misdemeanor or gross misdemeanor violation of state law within the city or town limits and delivers that person to county authorities for prosecution, the county has no authority to charge the city or town for booking, jailing, or prosecution of the person, unless the city or town has agreed by contract to assume some of those costs.2. The Court Improvement Act of 1984 (Laws of 1984, Chapter 258) does not require cities and towns to agree to reimburse counties for costs of booking, jailing, or prosecution where the city or town chooses to charge persons for violations of state law, even where the city or town could have chosen to prosecute for parallel violations of city or town ordinance.3. Where a city or town has repealed a portion of its municipal code, defining a crime or crimes equivalent to offenses listed in RCW 46.63.020, but has not reached agreement with the county for apportionment of costs associated with those offenses, the county may not unilaterally assess costs against the city or town. The county may bring court action to force the city or town to meet its obligations under the Court Improvement Act of 1984 (Laws of 1984, Chapter 258), and may be entitled in appropriate cases to recoup portions of costs incurred since the effective date of the Act.
CRIMES - FIREARMS
FIREARMS It is not unlawful under RCW 9.41.250 to merely possess a device for suppressing the noise of a firearm.
CRIMES - HOTELS - LANDLORD AND TENANT - CLASSIFICATION OF CRIME OF OBTAINING ACCOMMODATIONS BY FRAUD
CRIMES ‑ HOTELS - LANDLORD AND TENANT - CLASSIFICATION OF CRIME OF OBTAINING ACCOMMODATIONS BY FRAUD Where facts occur which constitute a violation of both RCW 9.45.040 and RCW 19.48.110 (relating to obtaining accommodations by fraud), the crime is to be regarded as a gross misdemeanor pursuant to the provisions of the latter statute.
NEEDLE EXCHANGE PROGRAMS - DRUG PARAPHERNALIA - CRIMES - AIDS LEGISLATION
NEEDLE EXCHANGE PROGRAMS ‑- AIDS LEGISLATION ‑- CRIMES ‑- DRUG PARAPHERNALIA 1.In light of RCW 69.50.412, which makes it a criminal violation to deliver drug paraphernalia, a regional AIDS service network established pursuant to RCW 70.24.400 may not lawfully authorize the distribution of hypodermic needles to intravenous drug users.2.To the extent a regional AIDS service network authorizes the distribution of hypodermic needles under the purported authority of chapter 70.24 RCW, the persons actually distributing the needles are not generally exempt from criminal prosecution; however, certain persons might be exempt in specific cases.
ABORTIONS - PREGNANCY - PHYSICIANS - CRIMES
Effects of Webster v. Reproductive Health Services on Washington laws. 1.RCW 9.02.010 is still unenforceable insofar as it purports, in conjunction with RCW 9.02.060 et seq., to prohibit abortions occurring more than four lunar months after conception but prior to viability.2.Webster v. Reproductive Health Servs., 57 U.S.L.W. 5023 (1989) does not overrule Roe v. Wade, 410 U.S. 113, 35 L. Ed. 2d 147, 93 S. Ct. 705 (1973); the effect of Webster is to uphold provisions of Missouri statutes which have no counterparts in Washington statute; thus Roe still renders most of Washington's abortion statute (RCW 9.02.010 through .090) unenforceable.3.The conclusions reached in AGO 1973 No. 7, that Roe rendered several of Washington's abortion provisions unenforceable, remain valid after Webster v. Reproductive Health Servs., 57 U.S.L.W. 5023 (1989); we decline to speculate about the future direction of case law on abortion.4.There is no current law in Washington prohibiting the use of public funds for abortions; Webster v. Reproductive Health Servs., 57 U.S.L.W. 5023 (1989) does not change Washington law in this regard.
INDUSTRIAL INSURANCE - COUNTIES - CRIMES - LIABILITY OF COUNTY FOR COLLECTION AND REMITTANCE TO ACCIDENT AND MEDICAL AID FUNDS - PENALTY FOR UNLAWFUL ISSUANCE OF BUILDING PERMITS
INDUSTRIAL INSURANCE - COUNTIES - CRIMES - LIABILITY OF COUNTY FOR COLLECTION AND REMITTANCE TO ACCIDENT AND MEDICAL AID FUNDS - PENALTY FOR UNLAWFUL ISSUANCE OF BUILDING PERMITS (1) Where a county has entered into a contract with a contractor for the performance of work by employees of the contractor which comes within the provisions of the industrial insurance (workmen's compensation) laws, the county is liable to the state of Washington for collection and remittance of monies due to both the industrial insurance accident fund and the industrial insurance medical aid fund on account of such work. (2) Where a county issues a construction building permit in violation of the provisions of chapter 20, Laws of 1965, Ex. Sess., (RCW 51.12.070) the county itself is not subject to a criminal penalty; however, if the violation is wilful, the county employee issuing the permit may be prosecuted for commission of a misdemeanor under RCW 42.20.100; in addition, the county may be liable to the state for resulting unpaid industrial insurance premiums depending upon the facts of a particular case.
RAILROADS - CRIMES - NOISE
Obligation to Comply with Criminal Misdemeanor Statute, RCW 81.48.010 RCW 81.48.010 provides that it is a misdemeanor for an engineer driving a locomotive to fail to ring the bell or sound the whistle when approaching certain railroad crossings. An engineer can comply with this statute by either ringing the bell or, in the alternative, sounding the whistle. The engineer need not do both.
FIREARMS - CRIMES
Ability of an individual convicted of certain crimes to regain the right to possess a handgun upon pardon or final discharge a
COUNTIES - POLICE POWER - CRIMES - PRISONERS - JAILS - SENTENCES - COSTS
Authority of a county to charge a fee for booking prisoners sentenced to serve time in a county jail on intermittent days Counties have the authority to define certain local offenses and to prescribe penalties for their commission including the imposition of specific costs. Subject to certain limitations, a county may include as a cost a multiple booking fee imposed on persons convicted of such county offenses and sentenced to serve time in the county jail on intermittent days. Such a multiple booking fee could offset the cost to the county of processing the individual in and out of jail.2. A county does not have the authority to impose a multiple booking fee on individuals serving time in the county jail on intermittent days who have been convicted of violating a state statute. The Legislature, rather than the county, specifies the punishment for state crimes including costs.
CRIMES - COURTS - SENTENCES - PROSECUTING ATTORNEY
Effect of completion of terms and conditions of deferred imposition of sentence or of suspension of execution of sentence upon defendant's criminal history record 1. By virtue of RCW 3.66.067, a criminal defendant whose imposition of sentence has been deferred may, after meeting such terms as the court may have established, apply to withdraw his or her plea and seek dismissal of the charges, and the court may for good cause grant such application; however, where sentence is imposed but its execution is suspended pursuant to RCW 3.66.068, the law does not authorize withdrawal of a guilty plea or dismissal of charges. 2. Whether a criminal sentence is deferred pursuant to RCW 3.66.067, or imposed and suspended pursuant to RCW 3.66.068, courts lack authority to delete or expunge the record of conviction based on a defendant's fulfillment of conditions attached to the deferred or suspended sentence; RCW 10.97 defines these records as "conviction records" and requires that the record of conviction in either type of case be maintained and available to law enforcement agencies and others as defined therein.
A DEFERRED OR SUSPENDED SENTENCE AS A PRIOR CONVICTION FOR THE PURPOSE OF SETTING A MANDATORY MINIMUM SENTENCE ON A SUBSEQUENT CONVICTION (1) A deferred or suspended sentence is not a prior conviction when it has been dismissed under RCW 9.95.240 -AGO 57-58 No. 106 [[to Board of Prison Terms and Paroles on August 2, 1957]]; (2) A deferred or suspended sentence is a prior conviction if the same has not been revoked or dismissed.
COURTS - DEFERRED IMPOSITION OF SENTENCE - CRIMES - MODIFICATION AND REVOCATION OF PROBATION
COURTS ‑- DEFERRED IMPOSITION OF SENTENCE ‑- CRIMES ‑- MODIFICATION AND REVOCATION OF PROBATION Prior to the expiration of the maximum term, the court has the authority to revoke or modify a probation granted when imposition of sentence was deferred, even though the probationary period specified in the court's order has expired.
CRIMES - JUSTICE COURT - JURISDICTION WHERE DEFENDANT APPEALS CONVICTION TO THE SUPERIOR COURT AND APPEAL IS SUBSEQUENTLY DISMISSED FOR WANT OF PROSECUTION
CRIMES - JUSTICE COURT - JURISDICTION WHERE DEFENDANT APPEALS CONVICTION TO THE SUPERIOR COURT AND APPEAL IS SUBSEQUENTLY DISMISSED FOR WANT OF PROSECUTION Where a person is convicted of a crime in justice court and his appeal to the superior court is subsequently dismissed for want of prosecution, sentence may be imposed by the superior court or the case may be returned to the justice court for execution of the original sentence.
CRIMES - FALSE SUBSCRIBING IN CONNECTION WITH PUBLIC ASSISTANCE - DEFINING CRIME AND PROVIDING PENALTY
CRIMES ‑- FALSE SUBSCRIBING IN CONNECTION WITH PUBLIC ASSISTANCE ‑- DEFINING CRIME AND PROVIDING PENALTY RCW 74.08.055 defines a specific crime for verifying by a written declaration made under penalty of perjury any application, statement, or other paper which he does not believe to be true and correct as to every material matter, and makes it a felony which is punishable by imprisonment for not more than 10 years or by a fine of not more than $5,000, or by both such fine and imprisonment.
CRIMES - PUBLIC ASSISTANCE - FRAUDULENT OBTAINING OF - LARCENY - PUNISHMENT
CRIMES ‑- PUBLIC ASSISTANCE ‑- FRAUDULENT OBTAINING OF ‑- LARCENY ‑- PUNISHMENT 1. The crime of fraudulently obtaining public assistance must be charged under RCW 74.08.330 in the public assistance title. 2. That crime may not be punished as a grand larceny, but only as a gross misdemeanor.
GAME - ANIMALS - HUNTING - LEGAL RIGHT OF HUNTERS TO TAG ANIMALS SHOT BY OTHER HUNTERS - CRIMES - LARCENY - TAGGING OF AN ANIMAL BAGGED BY ANOTHER
GAME ‑- ANIMALS ‑- HUNTING ‑- LEGAL RIGHT OF HUNTERS TO TAG ANIMALS SHOT BY OTHER HUNTERS ‑- CRIMES ‑- LARCENY ‑- TAGGING OF AN ANIMAL BAGGED BY ANOTHER 1. A hunter who lawfully shoots a game animal acquires a vested legal right in such animal provided he continues to manifest an immediate intention to possess it by exercising actual physical possession and by tagging. 2. Where a second hunter shoots and tags a dying animal bagged by another while the first hunter is attempting to reduce it to possession, the second hunter is guilty of larceny if all other elements of the crime are present.
COURTS - SUPERIOR - CRIMES - PROBATION - FEES
ASSESSMENT FOR SUPERVISION OF PROBATIONERS The provisions of § 2, chapter 207, Laws of 1982, relating to the imposition of a monetary assessment upon a criminal offender to pay for certain probation services, will not become legally operative until July 1, 1984, when the pertinent provisions of chapter 9.94A RCW themselves take effect in accordance with § 28, chapter 137, Laws of 1981.
COURTS - WITNESSES - FEES - CRIMES
REIMBURSEMENT FOR EXPERT WITNESS FEES IN CRIMINAL PROSECUTIONS In reimbursing a county for witness fees incurred in connection with a criminal prosecution, the state is liable, under RCW 10.46.220-10.46.230, for the full amount of fees paid to expert witnesses whenever the superior court has, in fact, included expert witness fees in the cost bill in a given case and has ordered those fees to be paid by the state.
CRIMES - COMPENSATION - STATUTORY COMPENSATION FOR VICTIMS OF CERTAIN CRIMES
PENALTY ASSESSMENT (1) The term "victim," for purposes of the state crime victims compensation act, does not include those persons who have sustained only property losses as a result of a felony or gross misdemeanor. (2) Under the provisions of § 10(1), chapter 302, Laws of 1977, 1st Ex. Sess., the court is to impose a $25 penalty assessment after conviction of a felony or gross misdemeanor involving a "victim" even if the punishment for the crime involves only incarceration.
LEGISLATURE - APPROPRIATIONS - CRIMES - FAILURE OF LEGISLATURE TO COMPLY WITH RCW 43.88.080
LEGISLATURE ‑- APPROPRIATIONS ‑- CRIMES ‑- FAILURE OF LEGISLATURE TO COMPLY WITH RCW 43.88.080
A failure by the state legislature to have finally adopted a budget for state government at least 30 calendar days prior to the beginning of the next ensuing biennium, as contemplated by RCW 43.88.080, will not subject the individual members of the two houses to criminal prosecution under RCW 43.88.270.
CRIMES - PUNISHMENT - PAROLE BOARD - PRISONERS - FIREARMS - MANDATORY MINIMUM TERM OF CONFINEMENT
CRIMES ‑- PUNISHMENT ‑- PAROLE BOARD ‑- PRISONERS ‑- FIREARMS ‑- MANDATORY MINIMUM TERM OF CONFINEMENT The Washington State Board of Prison Terms and Paroles is not required to fix a mandatory minimum prison term under RCW 9.95.040 in those cases where a conviction is accompanied only by a special finding, entered pursuant to the provisions of RCW 9.41.025, that the individual in question was armed with a firearm at the time of the commission of his offense; in order for the Board's discretion to be so restricted there must, either in addition or instead, be a special finding entered pursuant to RCW 9.95.015 specifying that the individual was armed with a deadly weapon at the time of commission of the crime.
CRIMES - PROBATION
REVOCATION OF ORDER GRANTING PROBATION Where a person upon being convicted of a particular crime has been placed on probation with a suspended sentence under RCW 9.95.210, the order thus granting probation may be revoked or modified after the expiration of the period of probation specified therein but before the date upon which the maximum term of the sentence imposed would have been completed if the execution of that sentence had not been deferred.
OFFICES AND OFFICERS - STATE - BOARD OF PRISON TERMS AND PAROLES - CRIMES - HABITUAL CRIMINALS
MINIMUM TERM OF CONFINEMENT In the case of a person convicted of three counts of armed robbery and found to be an habitual criminal because of previous convictions also involving the use of a fire arm, with the maximum sentences imposed by the court being ordered to run consecutively on two counts and concurrently as to the third, the minimum term of confinement which may be fixed by the board of prison terms and paroles under either RCW 9.41.025 or RCW 9.95.040 is one of fifteen years.
GAME - ANIMALS - CRIMES - MUTILATING OR WASTING CARCASS OF GAME ANIMAL
GAME ‑- ANIMALS ‑- CRIMES ‑- MUTILATING OR WASTING CARCASS OF GAME ANIMAL In order to sustain a criminal prosecution for mutilating or needlessly wasting the carcass of a game animal under RCW 77.16.090, it is necessary to prove that the person charged with wasting or mutilating is the same person who killed the animal in question.
CRIMES - ARREST - POLICE - RECORDING SOUNDS INCIDENT TO ISSUANCE OF CITATIONS
CRIMES ‑- ARREST ‑- POLICE ‑- RECORDING SOUNDS INCIDENT TO ISSUANCE OF CITATIONS
(1) Mere sounds, as distinguished from verbal conversation, occurring in connection with an event where a police officer is issuing a citation to a citizen on a public street do not constitute "private conversations" within the meaning of RCW 9.73.030(2).
(2) Verbal conversations occurring in connection with such an event may fall within the scope of a "private conversation" depending upon whether the factual circumstances are such as to indicate that at least one of the conversants reasonably intended that the conversation was to be for the ears of the participants only.
(3) The fact that the parties to a "private conversation" are aware that such conversation is being recorded does not constitute "consent" for the purposes of RCW 9.73.030(2) except to the limited extent provided for therein with respect to certain recordings by the news media.
CRIMES - MISDEMEANORS - PISTOLS - SALE OR DELIVERY TO PERSON UNDER 21 YEARS OF AGE
CRIMES ‑- MISDEMEANORS ‑- PISTOLS ‑- SALE OR DELIVERY TO PERSON UNDER 21 YEARS OF AGE It remains a misdemeanor to deliver a pistol to a person who is under 21 years of age regardless of chapter 292, Laws of 1971, Ex. Sess.
CRIMES - FIRST DEGREE MURDER - PAROLE
CRIMES ‑- FIRST DEGREE MURDER ‑- PAROLE A person who upon being convicted in this state of first degree murder was sentenced to death under RCW 9.48.030, but whose sentence was thereafter commuted to life imprisonment by the governor, may be granted a parole under RCW 9.95.115, in the absence of anything to the contrary in the governor's commutation order.
CHILDREN - MINORS - CRIMES - NONSUPPORT
SUPPORT BY NATURAL FATHER AND STEPFATHER Even though a stepfather is now obligated under chapter 207, Laws of 1969, Ex. Sess., to furnish necessary food, clothing, shelter and medical attendance for his stepchildren, the natural father of those children may still be subjected to a criminal prosecution for nonsupport under RCW 26.20.030 for failing to make court ordered child support payments.