WA 2004 HB 2645

2003 - 2004 LEGISLATIVE SESSION

Washington House Bill 2645

INTRODUCED: JANUARY 19, 2004
COMMITTEE ASSIGNMENTS (HOUSE):
CRIMINAL JUSTICE AND CORRECTIONS
RULES

(TEXT AS SUBSTITUTED 02/06/04)

H-4900.1    _____________________________________________

                     SUBSTITUTE HOUSE BILL 2645

                            _____________________________________________

State of Washington       58th Legislature       2004 Regular Session


                By House Committee on Criminal Justice & Corrections (originally
sponsored by Representatives O'Brien, Lovick, Pearson, Delvin and D.
Simpson)

READ FIRST TIME 02/06/04.  



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

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 this section{+ , under any municipal lewd conduct or indecent
exposure ordinance for conduct that would also constitute a violation of this
section, +} or of a sex offense as defined in RCW 9.94A.030.


                     {+ NEW SECTION. +}  Sec. 2.  This act takes effect July 1, 2004.

--- END ---

(TEXT AS INTRODUCED)

H-3332.1 _____________________________________________

   HOUSE BILL 2645
   _____________________________________________

State of Washington 58th Legislature 2004 Regular Session

By Representatives O'Brien, Lovick, Pearson, Delvin and Simpson, G.

Read first time . Referred to .

   AN ACT Relating to municipal indecent exposure and lewd conduct
convictions; amending RCW 9A.88.010 and 9A.88.010; providing an effective date;
and providing an expiration date.

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

   Sec. 1. RCW 9A.88.010 and 2001 c 88 s 2 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) Indecent exposure is a misdemeanor unless such person exposes himself
or herself to a person under the age of fourteen years in which case indecent
exposure is a gross misdemeanor on the first offense and, if such person has
previously been convicted under this subsection (({- or -})){+ , +} of a sex
offense as defined in RCW 9.94A.030, {+ or any municipal lewd conduct or
indecent exposure ordinance, +} then such person is guilty of a class C felony
punishable under chapter 9A.20 RCW.

   Sec. 2. 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 this section (({- or -})){+ , +} of a sex offense as defined in
RCW 9.94A.030{+ , or any municipal lewd conduct or indecent exposure ordinance
+}.

   {+ NEW SECTION. +} Sec. 3. Section 1 of this act expires July 1, 2004.

   {+ NEW SECTION. +} Sec. 4. Section 2 of this act takes effect July 1,
2004.

--- END ---

BILL HISTORY
02/06/2004(H) PASSED TO RULES COMMITTEE FOR SECOND READING.
02/06/2004(H) CJC - MAJORITY; 1ST SUBSTITUTE BILL BE SUBSTITUTED, DO PASS.
02/06/2004(H) CJC - EXECUTIVE ACTION TAKEN BY COMMITTEE.
01/28/2004(H) PUBLIC HEARING, CRIMINAL JUSTICE & CORRECTIONS.
01/19/2004(H) FIRST READING, REFERRED TO CRIMINAL JUSTICE & CORRECTIONS.