FINAL BILL REPORT

SSB 6467

                              C 200 L 90

BYSenate Committee on Law & Justice (originally sponsored by Senators Talmadge, Nelson and Vognild)

Adding second degree arson as basis for first degree murder in certain cases.

Senate Committee on Law & Justice

House Committe on Judiciary

SYNOPSIS AS ENACTED

BACKGROUND:

A person is guilty of first degree murder if he or she causes the death of another in the course of and in furtherance of knowingly and maliciously causing a fire or explosion:  (1) which is manifestly dangerous to human life; (2) which damages a dwelling; (3) which damages a building in which there is a person who is not a party to the crime; or (4) on property valued at $10,000 with the intent to collect insurance proceeds.

"Building" includes a dwelling or structure used for lodging persons or carrying on business.

In 1989, the Washington Court of Appeals held that the death of a firefighter was not "in furtherance of" the arson and therefore the arsonist could not be convicted of felony murder.

SUMMARY:

A person who causes the death of another as the result of knowingly and maliciously causing a fire or explosion which damages any property is guilty of first degree murder.  A death caused in the course of or in furtherance of the crime constitutes first degree murder.

VOTES ON FINAL PASSAGE:

     Senate   47    0

     House 96  0

EFFECTIVE:June 7, 1990