WA 2005 HB 1333

2005 LEGISLATIVE SESSION

Washington House Bill 1333

INTRODUCED JANUARY 20, 2005
SPONSOR: REP. AL O'BRIEN
INITIAL COMMITTEE ASSIGNMENT: HOUSE COMMITTEE ON CRIMINAL JUSTICE AND CORRECTIONS

(TEXT AS INTRODUCED 01/20/05)

BILL REQ. #: H-0240.1

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HOUSE BILL 1333
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State of Washington 59th Legislature 2005 Regular Session

By Representatives O'Brien, Kirby, Darneille, Strow, Ahern and Campbell

Read first time 01/20/2005. Referred to Committee on Criminal Justice & Corrections.

Offered January 18, 2005

AN ACT Relating to municipal indecent exposure and lewd conduct convictions; and amending RCW 9A.88.010.

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

Sec. 1   RCW 9A.88.010 and 2003 c 53 s 92 are each amended to read as follows:
     (1) A person is guilty of indecent exposure if he or she intentionally makes any open and obscene exposure of his or her person or the person of another knowing that such conduct is likely to cause reasonable affront or alarm. The act of breastfeeding or expressing breast milk is not indecent exposure.
     (2)(a) Except as provided in (b) and (c) of this subsection, indecent exposure is a misdemeanor.
     (b) Indecent exposure is a gross misdemeanor on the first offense if the person exposes himself or herself to a person under the age of fourteen years.
     (c) Indecent exposure is a class C felony if the person has previously been convicted ((~~under~~)) in this state or elsewhere of indecent exposure and the elements of the previous offense are identical to the elements of indecent exposure as defined in this section or if the person has previously been convicted of a sex offense as defined in RCW 9.94A.030.

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Bill history
02/03/2005(H) PUBLIC HEARING IN COMMITTEE.
01/20/2005(H) FIRST READING, REFERRED TO CRIMINAL JUSTICE AND CORRECTIONS.

Bill analysis
OFFICIAL ANALYSIS of HB 1333 by House of Representatives Office of Program Research (02/03/2005)

Washington State
House of Representatives
Office of Program Research
BILL ANALYSIS
Criminal Justice & Corrections Committee

HB 1333

Brief Description: Including municipal indecent exposure and lewd conduct convictions in the state indecent exposure felony determination.

Sponsors: Representatives O'Brien, Kirby, Darneille, Strow, Ahern and Campbell.
Brief Summary of Bill

   * Expands the circumstances under which indecent exposure is a class C felony to include situations in which the perpetrator has been convicted of indecent exposure and the elements of the previous offense are identical to the elements of indecent exposure under state statute.

Hearing Date: 2/3/05

Staff: Yvonne Walker (786-7841).

Background:

A person is guilty of indecent exposure if he or she intentionally makes any open and obscene exposure of his or her person or the person of another knowing that such conduct is likely to cause reasonable affront or alarm. The act of breastfeeding or expressing breast milk is not indecent exposure.

Indecent exposure is a misdemeanor unless:

   * The person exposes himself or herself to a person under 14 years of age, in which case the crime is a gross misdemeanor; or
   * The person has a previous conviction for indecent exposure or a sex offense, in which case the crime is a seriousness level of IV, class C felony.

Summary of Bill:

The circumstances under which indecent exposure is a class C felony are expanded. Indecent exposure is a class C felony when the person committing the crime has at any time or anywhere, been previously convicted of indecent exposure and the elements of the previous offense are identical to the elements of indecent exposure in Washington statute.

Appropriation: None.

Fiscal Note: Requested on January 25, 2005.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.