AN ACT Relating to
residential burglary; amending RCW 10.95.020 and 10.99.020; and reenacting and
amending RCW 9.41.010 and 9A.46.060.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 9.41.010 and 1992 c
205 s 117 and 1992 c 145 s 5 are each reenacted and amended to read as follows:
(1) "Short
firearm" or "pistol" as used in this chapter means any firearm
with a barrel less than twelve inches in length.
(2) "Crime of
violence" as used in this chapter means:
(a) Any of the
following felonies, as now existing or hereafter amended: Any felony defined
under any law as a class A felony or an attempt to commit a class A felony,
criminal solicitation of or criminal conspiracy to commit a class A felony,
manslaughter in the first degree, manslaughter in the second degree, indecent
liberties if committed by forcible compulsion, rape in the second degree,
kidnapping in the second degree, arson in the second degree, assault in the
second degree, assault of a child in the second degree, extortion in the first
degree, burglary in the second degree, residential burglary, and robbery
in the second degree;
(b) Any conviction or
adjudication for a felony offense in effect at any time prior to July 1, 1976,
which is comparable to a felony classified as a crime of violence in subsection
(2)(a) of this section; and
(c) Any federal or
out-of-state conviction or adjudication for an offense comparable to a felony
classified as a crime of violence under subsection (2) (a) or (b) of this
section.
(3) "Firearm"
as used in this chapter means a weapon or device from which a projectile may be
fired by an explosive such as gunpowder.
(4) "Commercial
seller" as used in this chapter means a person who has a federal firearms
license.
Sec. 2. RCW 9A.46.060 and 1992 c
186 s 4 and 1992 c 145 s 12 are each reenacted and amended to read as follows:
As used in this
chapter, "harassment" may include but is not limited to any of the
following crimes:
(1) Harassment (RCW
9A.46.020);
(2) Malicious
harassment (RCW 9A.36.080);
(3) Telephone
harassment (RCW 9.61.230);
(4) Assault in the
first degree (RCW 9A.36.011);
(5) Assault of a child
in the first degree (RCW 9A.36.120);
(6) Assault in the
second degree (RCW 9A.36.021);
(7) Assault of a child
in the second degree (RCW 9A.36.130);
(8) Assault in the
fourth degree (RCW 9A.36.041);
(9) Reckless
endangerment in the second degree (RCW 9A.36.050);
(10) Extortion in the
first degree (RCW 9A.56.120);
(11) Extortion in the
second degree (RCW 9A.56.130);
(12) Coercion (RCW
9A.36.070);
(13) Burglary in the
first degree (RCW 9A.52.020);
(14) Burglary in the
second degree (RCW 9A.52.030);
(15) Criminal trespass
in the first degree (RCW 9A.52.070);
(16) Criminal trespass
in the second degree (RCW 9A.52.080);
(17) Malicious mischief
in the first degree (RCW 9A.48.070);
(18) Malicious mischief
in the second degree (RCW 9A.48.080);
(19) Malicious mischief
in the third degree (RCW 9A.48.090);
(20) Kidnapping in the
first degree (RCW 9A.40.020);
(21) Kidnapping in the
second degree (RCW 9A.40.030);
(22) Unlawful
imprisonment (RCW 9A.40.040);
(23) Rape in the first
degree (RCW 9A.44.040);
(24) Rape in the second
degree (RCW 9A.44.050);
(25) Rape in the third
degree (RCW 9A.44.060);
(26) Indecent liberties
(RCW 9A.44.100);
(27) Rape of a child in
the first degree (RCW 9A.44.073);
(28) Rape of a child in
the second degree (RCW 9A.44.076);
(29) Rape of a child in
the third degree (RCW 9A.44.079);
(30) Child molestation
in the first degree (RCW 9A.44.083);
(31) Child molestation
in the second degree (RCW 9A.44.086);
(32) Child molestation
in the third degree (RCW 9A.44.089); ((and))
(33) Stalking (RCW
9A.46.110); and
(34) Residential
burglary (RCW 9A.52.025).
Sec. 3. RCW 10.95.020 and 1981 c
138 s 2 are each amended to read as follows:
A person is guilty of
aggravated first degree murder if he or she commits first degree murder as
defined by RCW 9A.32.030(1)(a), as now or hereafter amended, and one or more of
the following aggravating circumstances exist:
(1) The victim was a
law enforcement officer, corrections officer, or fire fighter who was
performing his or her official duties at the time of the act resulting in death
and the victim was known or reasonably should have been known by the person to
be such at the time of the killing;
(2) At the time of the
act resulting in the death, the person was serving a term of imprisonment, had
escaped, or was on authorized or unauthorized leave in or from a state facility
or program for the incarceration or treatment of persons adjudicated guilty of
crimes;
(3) At the time of the
act resulting in death, the person was in custody in a county or county-city
jail as a consequence of having been adjudicated guilty of a felony;
(4) The person
committed the murder pursuant to an agreement that he or she would receive
money or any other thing of value for committing the murder;
(5) The person
solicited another person to commit the murder and had paid or had agreed to pay
money or any other thing of value for committing the murder;
(6) The victim was:
(a) A judge; juror or
former juror; prospective, current, or former witness in an adjudicative
proceeding; prosecuting attorney; deputy prosecuting attorney; defense
attorney; a member of the indeterminate sentence review board ((of
prison terms and paroles)); or a probation or parole officer; and
(b) The murder was
related to the exercise of official duties performed or to be performed by the
victim;
(7) The person
committed the murder to conceal the commission of a crime or to protect or
conceal the identity of any person committing a crime;
(8) There was more than
one victim and the murders were part of a common scheme or plan or the result
of a single act of the person;
(9) The murder was
committed in the course of, in furtherance of, or in immediate flight from one
of the following crimes:
(a) Robbery in the
first or second degree;
(b) Rape in the first
or second degree;
(c) Burglary in the
first or second degree or residential burglary;
(d) Kidnapping in the
first degree; or
(e) Arson in the first
degree;
(10) The victim was
regularly employed or self-employed as a newsreporter and the murder was
committed to obstruct or hinder the investigative, research, or reporting
activities of the victim.
Sec. 4. RCW 10.99.020 and 1991 c
301 s 3 are each amended to read as follows:
Unless the context
clearly requires otherwise, the definitions in this section apply throughout
this chapter.
(1) "Family or
household members" means spouses, former spouses, persons who have a child
in common regardless of whether they have been married or have lived together
at any time, adult persons related by blood or marriage, and adult persons who
are presently residing together or who have resided together in the past.
(2) "Domestic violence"
includes but is not limited to any of the following crimes when committed by
one family or household member against another:
(a) Assault in the
first degree (RCW 9A.36.011);
(b) Assault in the
second degree (RCW 9A.36.021);
(c) Assault in the
third degree (RCW 9A.36.031);
(d) Assault in the
fourth degree (RCW 9A.36.041);
(e) Reckless
endangerment in the first degree (RCW 9A.36.045);
(f) Reckless
endangerment in the second degree (RCW 9A.36.050);
(g) Coercion (RCW
9A.36.070);
(h) Burglary in the
first degree (RCW 9A.52.020);
(i) Burglary in the
second degree (RCW 9A.52.030);
(j) Criminal trespass
in the first degree (RCW 9A.52.070);
(k) Criminal trespass
in the second degree (RCW 9A.52.080);
(l) Malicious mischief
in the first degree (RCW 9A.48.070);
(m) Malicious mischief
in the second degree (RCW 9A.48.080);
(n) Malicious mischief
in the third degree (RCW 9A.48.090);
(o) Kidnapping in the
first degree (RCW 9A.40.020);
(p) Kidnapping in the
second degree (RCW 9A.40.030);
(q) Unlawful
imprisonment (RCW 9A.40.040);
(r) Violation of the
provisions of a restraining order restraining the person or excluding the
person from a residence (RCW 26.09.300);
(s) Violation of the
provisions of a protection order restraining the person or excluding the person
from a residence (RCW 26.50.060, 26.50.070, or 26.50.130);
(t) Rape in the first
degree (RCW 9A.44.040); ((and))
(u) Rape in the second
degree (RCW 9A.44.050); and
(v) Residential
burglary (RCW 9A.52.025).
(3)
"Victim" means a family or household member who has been subjected to
domestic violence.
