BP BHEAD INT H

AN ACT Relating to delivery or possession of firearms; amending RCW 9.41.080, 9.41.240, and 13.40.0357; reenacting and amending RCW 26.28.080; and prescribing penalties.

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

Sec. 1. RCW 9.41.080 and 1935 c 172 s 8 are each amended to read as follows:

No person ((~~shall~~)) may deliver a pistol to any person ((~~under the age of twenty-one or to one~~)) who he or she has reasonable cause to believe has been convicted of a crime of violence, or is a drug addict, an habitual drunkard, or of unsound mind.

Sec. 2. RCW 9.41.240 and 1971 c 34 s 1 are each amended to read as follows:

(1) No person under the age of twenty-one years may handle or have in his or her possession or under his or her control a pistol, except while accompanied by or under the immediate charge of his or her parent or guardian or other adult approved for the purpose of this section by the parent or guardian, or while under the supervision of a certified safety instructor at an established gun range or firearm training class. A person violating this subsection or aiding or knowingly permitting a person under the age of twenty-one years to violate this subsection, is guilty of a gross misdemeanor.

(2) No ((~~minor~~)) person under the age of fourteen years ((~~shall~~)) may handle or have in his or her possession or under his or her control a firearm of any kind, except while accompanied by or under the immediate charge of his or her parent or guardian or other adult approved for the purpose of this section by the parent or guardian, or while under the supervision of a certified safety instructor at an established gun range or firearm training class((~~, any firearm of any kind for hunting or target practice or for other purposes. Every~~)). A person violating ((~~any of the foregoing provisions,~~)) this subsection or aiding or knowingly permitting ((~~any such minor~~)) a person under the age of fourteen years to violate ((~~the same, shall be~~)) this subsection, is guilty of a gross misdemeanor.

(3) A parent or guardian who aids or knowingly permits his or her child under the age of twenty-one years to possess a pistol is guilty of a gross misdemeanor. This subsection does not apply while the child is accompanied by the parent or guardian, or other adult approved for the purpose of this subsection by the parent or guardian, or while the child is under the supervision of a certified safety instructor at an established gun range or firearm training class.

Sec. 3. RCW 13.40.0357 and 1989 c 407 s 7 are each amended to read as follows:

SCHEDULE A

DESCRIPTION AND OFFENSE CATEGORY

JUVENILE DISPOSITION

JUVENILE CATEGORY FOR ATTEMPT,

DISPOSITION BAILJUMP,

OFFENSE CONSPIRACY, OR

CATEGORY DESCRIPTION (RCW CITATION) SOLICITATION

Arson and Malicious Mischief

AArson 1 (9A.48.020) B+

BArson 2 (9A.48.030) C

CReckless Burning 1 (9A.48.040) D

DReckless Burning 2 (9A.48.050) E

BMalicious Mischief 1 (9A.48.070) C

CMalicious Mischief 2 (9A.48.080) D

DMalicious Mischief 3 (<$50 is E class) (9A.48.090) E

ETampering with Fire Alarm Apparatus (9.40.100) E

APossession of Incendiary Device (9.40.120) B+

Assault and Other Crimes Involving Physical Harm

AAssault 1 (9A.36.011) B+

B+Assault 2 (9A.36.021) C+

C+Assault 3 (9A.36.031) D+

D+Assault 4 (9A.36.041) E

D+Reckless Endangerment (9A.36.050) E

C+Promoting Suicide Attempt (9A.36.060) D+

D+Coercion (9A.36.070) E

C+Custodial Assault (9A.36.100) D+

Burglary and Trespass

B+Burglary 1 (9A.52.020) C+

BBurglary 2 (9A.52.030) C

DBurglary Tools (Possession of) (9A.52.060) E

DCriminal Trespass 1 (9A.52.070) E

ECriminal Trespass 2 (9A.52.080) E

DVehicle Prowling (9A.52.100) E

Drugs

EPossession/Consumption of Alcohol (66.44.270) E

CIllegally Obtaining Legend Drug (69.41.020) D

C+Sale, Delivery, Possession of Legend Drug with Intent to Sell (69.41.030) D+

EPossession of Legend Drug (69.41.030) E

B+Violation of Uniform Controlled Substances Act - Narcotic Sale (69.50.401(a)(1)(i)) B+

CViolation of Uniform Controlled Substances Act - Nonnarcotic Sale (69.50.401(a)(1)(ii)) C

EPossession of Marihuana <40 grams (69.50.401(e)) E

CFraudulently Obtaining Controlled Substance (69.50.403) C

C+Sale of Controlled Substance for Profit (69.50.410) C+

E((~~Glue Sniffing (9.47A.050)~~)) Unlawful Inhalation (9.47A.020) E

BViolation of Uniform Controlled Substances Act - Narcotic Counterfeit Substances (69.50.401(b)(1)(i)) B

CViolation of Uniform Controlled Substances Act - Nonnarcotic Counterfeit Substances (69.50.401(b)(1) (ii), (iii), (iv)) C

CViolation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.401(d)) C

CViolation of Uniform Controlled Substances Act - Possession of a Controlled Substance (69.50.401(c)) C

Firearms and Weapons

((~~C+Committing Crime when Armed (9.41.025) D+~~))

ECarrying Loaded Pistol Without Permit (9.41.050) E

((E)) DUse of Firearms by Minor ((~~(<14)~~)) (9.41.240) E

D+Possession of Dangerous Weapon (9.41.250) E

DIntimidating Another Person by use of Weapon (9.41.270) E

Homicide

A+Murder 1 (9A.32.030) A

A+Murder 2 (9A.32.050) B+

B+Manslaughter 1 (9A.32.060) C+

C+Manslaughter 2 (9A.32.070) D+

B+Vehicular Homicide (46.61.520) C+

Kidnapping

AKidnap 1 (9A.40.020) B+

B+Kidnap 2 (9A.40.030) C+

C+Unlawful Imprisonment (9A.40.040) D+

D+Custodial Interference 1 (9A.40.060) D

DCustodial Interference 2 ((~~(9A.40.050)~~)) (9A.40.070) E

Obstructing Governmental Operation

EObstructing a Public Servant (9A.76.020) E

EResisting Arrest (9A.76.040) E

BIntroducing Contraband 1 (9A.76.140) C

CIntroducing Contraband 2 (9A.76.150) D

EIntroducing Contraband 3 (9A.76.160) E

B+Intimidating a Public Servant (9A.76.180) C+

B+Intimidating a Witness (9A.72.110) C+

((~~ECriminal Contempt (9.23.010) E~~))

Public Disturbance

C+Riot with Weapon (9A.84.010) D+

D+Riot Without Weapon (9A.84.010) E

EFailure to Disperse (9A.84.020) E

EDisorderly Conduct (9A.84.030) E

Sex Crimes

ARape 1 (9A.44.040) B+

A-Rape 2 (9A.44.050) B+

C+Rape 3 (9A.44.060) D+

A-Rape of a Child 1 (9A.44.073) B+

BRape of a Child 2 (9A.44.076) C+

BIncest 1 (9A.64.020(1)) C

CIncest 2 (9A.64.020(2)) D

D+((~~Public Indecency~~)) Indecent Exposure (Victim <14) (9A.88.010) E

E((~~Public Indecency~~)) Indecent Exposure (Victim 14 or over) (9A.88.010) E

B+Promoting Prostitution 1 (9A.88.070) C+

C+Promoting Prostitution 2 (9A.88.080) D+

EO & A (Prostitution) (9A.88.030) E

B+Indecent Liberties (9A.44.100) C+

B+Child Molestation 1 (9A.44.083) C+

C+Child Molestation 2 (9A.44.086) C

Theft, Robbery, Extortion, and Forgery

BTheft 1 (9A.56.030) C

CTheft 2 (9A.56.040) D

DTheft 3 (9A.56.050) E

BTheft of Livestock (9A.56.080) C

CForgery ((~~(9A.56.020)~~)) (9A.62.020) D

ARobbery 1 (9A.56.200) B+

B+Robbery 2 (9A.56.210) C+

B+Extortion 1 (9A.56.120) C+

C+Extortion 2 (9A.56.130) D+

BPossession of Stolen Property 1 (9A.56.150) C

CPossession of Stolen Property 2 (9A.56.160) D

DPossession of Stolen Property 3 (9A.56.170) E

CTaking Motor Vehicle Without Owner's Permission (9A.56.070) D

Motor Vehicle Related Crimes

EDriving Without a License (46.20.021) E

CHit and Run - Injury (46.52.020(4)) D

DHit and Run-Attended (46.52.020(5)) E

EHit and Run-Unattended (46.52.010) E

CVehicular Assault (46.61.522) D

CAttempting to Elude Pursuing Police Vehicle (46.61.024) D

EReckless Driving (46.61.500) E

DDriving While Under the Influence (46.61.515) E

B+Negligent Homicide by Motor Vehicle (46.61.520) C+

DVehicle Prowling (9A.52.100) E

CTaking Motor Vehicle Without Owner's Permission (9A.56.070) D

Other

BBomb Threat (9.61.160) C

CEscape 11 (9A.76.110) C

CEscape 21 (9A.76.120) C

DEscape 3 (9A.76.130) E

CFailure to Appear in Court (10.19.130) D

ETampering with Fire Alarm Apparatus (9.40.100) E

EObscene, Harassing, Etc., Phone Calls (9.61.230) E

AOther Offense Equivalent to an Adult Class A Felony B+

BOther Offense Equivalent to an Adult Class B Felony C

COther Offense Equivalent to an Adult Class C Felony D

DOther Offense Equivalent to an Adult Gross Misdemeanor E

EOther Offense Equivalent to an Adult Misdemeanor E

VViolation of Order of Restitution, Community Supervision, or Confinement (13.40.200)2 V

1 Escape 1 and 2 and Attempted Escape 1 and 2 are classed as C offenses and the standard range is established as follows:

1st escape or attempted escape during 12-month period - 4 weeks confinement

2nd escape or attempted escape during 12-month period - 8 weeks confinement

3rd and subsequent escape or attempted escape during 12-month period - 12 weeks confinement

2 If the court finds that a respondent has violated terms of an order, it may impose a penalty of up to 30 days of confinement.

SCHEDULE B

PRIOR OFFENSE INCREASE FACTOR

For use with all CURRENT OFFENSES occurring on or after July 1, 1989.

TIME SPAN

OFFENSE 0-12 13-24 25 Months

CATEGORY Months Months or More

A+ .9 .9 .9

A .9 .8 .6

A- .9 .8 .5

B+ .9 .7 .4

B .9 .6 .3

C+ .6 .3 .2

C .5 .2 .2

D+ .3 .2 .1

D .2 .1 .1

E .1 .1 .1

Prior history - Any offense in which a diversion agreement or counsel and release form was signed, or any offense which has been adjudicated by court to be correct prior to the commission of the current offense(s).

SCHEDULE C

CURRENT OFFENSE POINTS

For use with all CURRENT OFFENSES occurring on or after July 1, 1989.

AGE

OFFENSE 12 &

CATEGORY Under 13 14 15 16 17

A+ STANDARD RANGE 180-224 WEEKS

A 250 300 350 375 375 375

A- 150 150 150 200 200 200

B+ 110 110 120 130 140 150

B 45 45 50 50 57 57

C+ 44 44 49 49 55 55

C 40 40 45 45 50 50

D+ 16 18 20 22 24 26

D 14 16 18 20 22 24

E 4 4 4 6 8 10

JUVENILE SENTENCING STANDARDS

SCHEDULE D-1

This schedule may only be used for minor/first offenders. After the determination is made that a youth is a minor/first offender, the court has the discretion to select sentencing option A, B, or C.

MINOR/FIRST OFFENDER

OPTION A

STANDARD RANGE

Community

Community Service

Points Supervision Hours Fine

1-9 0-3 months and/or 0-8 and/or 0-$10

10-19 0-3 months and/or 0-8 and/or 0-$10

20-29 0-3 months and/or 0-16 and/or 0-$10

30-39 0-3 months and/or 8-24 and/or 0-$25

40-49 3-6 months and/or 16-32 and/or 0-$25

50-59 3-6 months and/or 24-40 and/or 0-$25

60-69 6-9 months and/or 32-48 and/or 0-$50

70-79 6-9 months and/or 40-56 and/or 0-$50

80-89 9-12 months and/or 48-64 and/or 0‑$100

90-109 9-12 months and/or 56-72 and/or 0-$100

OPTION B

STATUTORY OPTION

0-12 Months Community Supervision

0-150 Hours Community Service

0-100 Fine

A term of community supervision with a maximum of 150 hours, $100.00 fine, and 12 months supervision.

OPTION C

MANIFEST INJUSTICE

When a term of community supervision would effectuate a manifest injustice, another disposition may be imposed. When a judge imposes a sentence of confinement exceeding 30 days, the court shall sentence the juvenile to a maximum term and the provisions of RCW 13.40.030((~~(5), as now or hereafter amended,~~)) (2) shall be used to determine the range.

JUVENILE SENTENCING STANDARDS

SCHEDULE D-2

This schedule may only be used for middle offenders. After the determination is made that a youth is a middle offender, the court has the discretion to select sentencing option A, B, or C.

MIDDLE OFFENDER

OPTION A

STANDARD RANGE

Community

Community Service Confinement

Points Supervision Hours F ine Days Weeks

1-9 0-3 months and/or 0-8 a nd/or 0-$10 and/or 0

10-19 0-3 months and/or 0-8 a nd/or 0-$10 and/or 0

20-29 0-3 months and/or 0-16 a nd/or 0-$10 and/or 0

30-39 0-3 months and/or 8-24 a nd/or 0-$25 and/or 2‑4

40-49 3-6 months and/or 16-32 a nd/or 0-$25 and/or 2‑4

50-59 3-6 months and/or 24-40 a nd/or 0-$25 and/or 5‑10

60-69 6-9 months and/or 32-48 a nd/or 0-$50 and/or 5‑10

70-79 6-9 months and/or 40-56 a nd/or 0-$50 and/or 10‑20

80-89 9-12 months and/or 48-64 a nd/or 0-$100 and/or 10‑20

90-109 9-12 months and/or 56-72 a nd/or 0-$100 and/or 15‑30

110-129 8-12

130-149 13-16

150-199 21-28

200-249 30-40

250-299 52-65

300-374 80-100

375+ 103-129

Middle offenders with more than 110 points do not have to be committed. They may be assigned community supervision under option B.

All A+ offenses 180-224 weeks

OPTION B

STATUTORY OPTION

0-12 Months Community Supervision

0-150 Hours Community Service

0-100 Fine

The court may impose a determinate disposition of community supervision and/or up to 30 days confinement; in which case, if confinement has been imposed, the court shall state either aggravating or mitigating factors as set forth in RCW 13.40.150, as now or hereafter amended.

OPTION C

MANIFEST INJUSTICE

If the court determines that a disposition under A or B would effectuate a manifest injustice, the court shall sentence the juvenile to a maximum term and the provisions of RCW 13.40.030((~~(5), as now or hereafter amended,~~)) (2) shall be used to determine the range.

JUVENILE SENTENCING STANDARDS

SCHEDULE D-3

This schedule may only be used for serious offenders. After the determination is made that a youth is a serious offender, the court has the discretion to select sentencing option A or B.

SERIOUS OFFENDER

OPTION A

STANDARD RANGE

Points Institution Time

0-129 8-12 weeks

130-149 13-16 weeks

150-199 21-28 weeks

200-249 30-40 weeks

250-299 52-65 weeks

300-374 80-100 weeks

375+ 103-129 weeks

All A+ Offenses 180-224 weeks

OPTION B

MANIFEST INJUSTICE

A disposition outside the standard range shall be determined and shall be comprised of confinement or community supervision or a combination thereof. When a judge finds a manifest injustice and imposes a sentence of confinement exceeding 30 days, the court shall sentence the juvenile to a maximum term, and the provisions of RCW 13.40.030((~~(5), as now or hereafter amended,~~)) (2) shall be used to determine the range.

Sec. 4. RCW 26.28.080 and 1987 c 250 s 2 and 1987 c 204 s 1 are each reenacted and amended to read as follows:

Every person who:

(1) Shall admit to or allow to remain in any concert saloon, or in any place owned, kept, or managed by him or her where intoxicating liquors are sold, given away or disposed of‑-except a restaurant or dining room, any person under the age of eighteen years; or((,))

(2) Shall admit to, or allow to remain in any public pool or billiard hall, or in any place of entertainment injurious to health or morals, owned, kept or managed by him or her, any person under the age of eighteen years; or((,))

(3) Shall suffer or permit any such person to play any game of skill or chance, in any such place, or in any place adjacent thereto, or to be or remain therein, or admit or allow to remain in any reputed house of prostitution or assignation, or in any place where opium or any preparation thereof, is smoked, or where any narcotic drug is used, any persons under the age of eighteen years; or((,))

(4) Shall sell or give, or permit to be sold or given to any person under the age of eighteen years any cigar, cigarette, cigarette paper or wrapper, or tobacco in any form; ((or

~~(5) Shall sell, or give, or permit to be sold or given to any person under the age of eighteen years, any revolver or pistol;~~))

Shall be guilty of a gross misdemeanor.

It shall be no defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another.