BILL REQ. #:  S-0908.1 



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SENATE BILL 5737 (Corrected Copy)
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State of Washington63rd Legislature2013 Regular Session

By Senators Murray, Kohl-Welles, and Kline

Read first time 02/13/13.   Referred to Committee on Law & Justice.



     AN ACT Relating to banning the sale of assault weapons; reenacting and amending RCW 9.41.010 and 9.94A.515; adding a new section to chapter 9.41 RCW; and prescribing penalties.

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

Sec. 1   RCW 9.41.010 and 2009 c 216 s 1 are each reenacted and amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Antique firearm" means a firearm or replica of a firearm not designed or redesigned for using rim fire or conventional center fire ignition with fixed ammunition and manufactured in or before 1898, including any matchlock, flintlock, percussion cap, or similar type of ignition system and also any firearm using fixed ammunition manufactured in or before 1898, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
     (2) "Barrel length" means the distance from the bolt face of a closed action down the length of the axis of the bore to the crown of the muzzle, or in the case of a barrel with attachments to the end of any legal device permanently attached to the end of the muzzle.
     (3) "Crime of violence" 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, 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 for a felony offense in effect at any time prior to June 6, 1996, which is comparable to a felony classified as a crime of violence in (a) of this subsection; and
     (c) Any federal or out-of-state conviction for an offense comparable to a felony classified as a crime of violence under (a) or (b) of this subsection.
     (4) "Dealer" means a person engaged in the business of selling firearms at wholesale or retail who has, or is required to have, a federal firearms license under 18 U.S.C. Sec. 923(a). A person who does not have, and is not required to have, a federal firearms license under 18 U.S.C. Sec. 923(a), is not a dealer if that person makes only occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or sells all or part of his or her personal collection of firearms.
     (5) "Family or household member" means "family" or "household member" as used in RCW 10.99.020.
     (6) "Felony" means any felony offense under the laws of this state or any federal or out-of-state offense comparable to a felony offense under the laws of this state.
     (7) "Firearm" means a weapon or device from which a projectile or projectiles may be fired by an explosive such as gunpowder.
     (8) "Law enforcement officer" includes a general authority Washington peace officer as defined in RCW 10.93.020, or a specially commissioned Washington peace officer as defined in RCW 10.93.020. "Law enforcement officer" also includes a limited authority Washington peace officer as defined in RCW 10.93.020 if such officer is duly authorized by his or her employer to carry a concealed pistol.
     (9) "Lawful permanent resident" has the same meaning afforded a person "lawfully admitted for permanent residence" in 8 U.S.C. Sec. 1101(a)(20).
     (10) "Loaded" means:
     (a) There is a cartridge in the chamber of the firearm;
     (b) Cartridges are in a clip that is locked in place in the firearm;
     (c) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver;
     (d) There is a cartridge in the tube or magazine that is inserted in the action; or
     (e) There is a ball in the barrel and the firearm is capped or primed if the firearm is a muzzle loader.
     (11) "Machine gun" means any firearm known as a machine gun, mechanical rifle, submachine gun, or any other mechanism or instrument not requiring that the trigger be pressed for each shot and having a reservoir clip, disc, drum, belt, or other separable mechanical device for storing, carrying, or supplying ammunition which can be loaded into the firearm, mechanism, or instrument, and fired therefrom at the rate of five or more shots per second.
     (12) "Nonimmigrant alien" means a person defined as such in 8 U.S.C. Sec. 1101(a)(15).
     (13) "Pistol" means any firearm with a barrel less than sixteen inches in length, or is designed to be held and fired by the use of a single hand.
     (14) "Rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.
     (15) "Sell" refers to the actual approval of the delivery of a firearm in consideration of payment or promise of payment of a certain price in money.
     (16) "Serious offense" means any of the following felonies or a felony attempt to commit any of the following felonies, as now existing or hereafter amended:
     (a) Any crime of violence;
     (b) Any felony violation of the uniform controlled substances act, chapter 69.50 RCW, that is classified as a class B felony or that has a maximum term of imprisonment of at least ten years;
     (c) Child molestation in the second degree;
     (d) Incest when committed against a child under age fourteen;
     (e) Indecent liberties;
     (f) Leading organized crime;
     (g) Promoting prostitution in the first degree;
     (h) Rape in the third degree;
     (i) Drive-by shooting;
     (j) Sexual exploitation;
     (k) Vehicular assault, when caused by the operation or driving of a vehicle by a person while under the influence of intoxicating liquor or any drug or by the operation or driving of a vehicle in a reckless manner;
     (l) Vehicular homicide, when proximately caused by the driving of any vehicle by any person while under the influence of intoxicating liquor or any drug as defined by RCW 46.61.502, or by the operation of any vehicle in a reckless manner;
     (m) Any other class B felony offense with a finding of sexual motivation, as "sexual motivation" is defined under RCW 9.94A.030;
     (n) Any other felony with a deadly weapon verdict under RCW ((9.94A.602)) 9.94A.825; or
     (o) Any felony offense in effect at any time prior to June 6, 1996, that is comparable to a serious offense, or any federal or out-of-state conviction for an offense that under the laws of this state would be a felony classified as a serious offense.
     (17) "Short-barreled rifle" means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle by any means of modification if such modified weapon has an overall length of less than twenty-six inches.
     (18) "Short-barreled shotgun" means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun by any means of modification if such modified weapon has an overall length of less than twenty-six inches.
     (19) "Shotgun" means a weapon with one or more barrels, designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned, made or remade, and intended to use the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.
     (20) "Assault weapon" means:
     (a) Any semiautomatic pistol or semiautomatic or pump-action rifle or shotgun that is capable of accepting a detachable magazine, with a capacity to accept more then ten rounds of ammunition and that also possesses any of the following:
     (i) If the firearm is a rifle or shotgun, a pistol grip located rear of the trigger;
     (ii) If the firearm is a rifle or shotgun, a stock in any configuration, including but not limited to a thumbhole stock, a folding stock or a telescoping stock, that allows the bearer of the firearm to grasp the firearm with the trigger hand such that the web of the trigger hand, between the thumb and forefinger, can be placed below the top of the external portion of the trigger during firing;
     (iii) If the firearm is a pistol, a shoulder stock of any type or configuration, including but not limited to a folding stock or a telescoping stock;
     (iv) A barrel shroud;
     (v) A muzzle brake or muzzle compensator;
     (vi) Any feature capable of functioning as a protruding grip that can be held by the hand that is not the trigger hand;
     (b) Any pistol that is capable of accepting a detachable magazine at any location outside of the pistol grip;
     (c) Any semiautomatic pistol, any semiautomatic, center-fire rifle, or any shotgun with a fixed magazine that has the capacity to accept more than ten rounds of ammunition;
     (d) Any firearm with a threaded barrel designed to accommodate a flash suppression or noise suppression device;
     (e) Any shotgun capable of accepting a detachable magazine;
     (f) Any shotgun with a revolving cylinder;
     (g) Any conversion kit or other combination of parts from which an assault weapon can be assembled if the parts are in the possession or under the control of any person.
     (21) "Detachable magazine" means a magazine, the function of which is to deliver one or more ammunition cartridges into the firing chamber, which can be removed from the firearm without the use of any tool, including a bullet or ammunition cartridge.
     (22) "Barrel shroud" means a covering, other than a slide, that is attached to, or that substantially or completely encircles, the barrel of a firearm and that allows the bearer of the firearm to hold the barrel with the nonshooting hand while firing the firearm, without burning that hand, except that the term does not include an extension of the stock along the bottom of the barrel that does not substantially or completely encircle the barrel.
     (23) "Muzzle brake" means a device attached to the muzzle of a weapon that utilizes escaping gas to reduce recoil.
     (24) "Muzzle compensator" means a device attached to the muzzle of a weapon that utilizes escaping gas to control muzzle movement.
     (25) "Conversion kit" means any part or combination of parts designed and intended for use in converting a firearm into an assault weapon.

NEW SECTION.  Sec. 2   A new section is added to chapter 9.41 RCW to read as follows:
     (1) No person in this state shall manufacture, possess, purchase, sell, or otherwise transfer any assault weapon, or any assault weapon conversion kit, except as authorized by subsection (3) of this section. Any assault weapon or assault weapon conversion kit the manufacture, possession, purchase, sale, or other transfer of which is prohibited under this section is a public nuisance.
     (2) No person in this state shall possess or have under his or her control at one time both of the following:
     (a) A semiautomatic or pump-action rifle, semiautomatic pistol, or shotgun capable of accepting a detachable magazine; and
     (b) Any magazine capable of use with that firearm that contains more than ten rounds of ammunition.
     (3) Subsection (1) of this section shall not apply to any of the following:
     (a) The possession of an unloaded assault weapon for the purpose of permanently relinquishing it to a law enforcement agency in this state. Any assault weapon relinquished pursuant to this subsection shall be destroyed;
     (b) The transfer of any assault weapon by a licensed manufacturer or dealer to a law enforcement agency in this state for use by that agency or its employees for law enforcement purposes;
     (c) The possession of an assault weapon that was legally possessed on the effective date of this section, but only if the person legally possessing the assault weapon has complied with all of the requirements of subsection (5) of this section;
     (d) The possession of an assault weapon that has been permanently disabled so that it is incapable of discharging a projectile.
     (4) Subsection (2) of this section shall not apply to any person:
     (a) While lawfully engaged in shooting at a duly licensed, lawfully operated shooting range;
     (b) While lawfully participating in a sporting event officially sanctioned by a club or organization established in whole or in part for the purpose of sponsoring sport shooting events.
     (5) In order to continue to possess an assault weapon that was legally possessed on the effective date of this section, the person possessing the assault weapon shall do all of the following:
     (a) Safely and securely store the assault weapon;
     (b) Possess the assault weapon only on property owned or immediately controlled by the person, or while engaged in the legal use of the assault weapon at a duly licensed firing range, or while traveling to or from either of these locations for the purpose of engaging in the legal use of the assault weapon, provided that the assault weapon is stored unloaded and in a separate locked container during transport.
     (6) Notwithstanding any other provision of this section, any person in this state who, after the effective date of this section, acquires title to an assault weapon by inheritance, bequest, or succession, shall, within thirty days of acquiring title, do one of the following:
     (a) Comply with all of the requirements of subsection (5) of this section;
     (b) Dispose of the assault weapon pursuant to subsection (3)(a) of this section; or
     (c) Permanently disable the assault weapon so that it is incapable of discharging a projectile.
     (7)(a) Any person convicted of violating subsection (1) or (2) of this section is guilty of a class C felony.
     (b) Any person convicted of violating subsection (5) of this section is guilty of a gross misdemeanor.
     (8) This section does not apply to:
     (a) Marshals, sheriffs, prison or jail wardens or their deputies, or other law enforcement officers of this or another state while acting within the scope of their duties;
     (b) Members of the armed forces of the United States or of the national guard or organized services, when on duty;
     (c) Officers or employees of the United States duly authorized to possess assault weapons; or
     (d) Any person engaged in the business of manufacturing, repairing, or dealing in assault weapons, or the representative or agent of the person who is properly licensed under federal or state laws to do so and who is acting within the usual and ordinary course of the business.

Sec. 3   RCW 9.94A.515 and 2012 c 176 s 3 and 2012 c 162 s 1 are each reenacted and amended to read as follows:

 TABLE 2
 CRIMES INCLUDED WITHIN EACH SERIOUSNESS LEVEL
XVIAggravated Murder 1 (RCW      10.95.020)
XVHomicide by abuse (RCW 9A.32.055)
 Malicious explosion 1 (RCW      70.74.280(1))
 Murder 1 (RCW 9A.32.030)
XIVMurder 2 (RCW 9A.32.050)
 Trafficking 1 (RCW 9A.40.100(1))
XIIIMalicious explosion 2 (RCW      70.74.280(2))
 Malicious placement of an explosive 1      (RCW 70.74.270(1))
XIIAssault 1 (RCW 9A.36.011)
 Assault of a Child 1 (RCW 9A.36.120)
 Malicious placement of an imitation      device 1 (RCW 70.74.272(1)(a))
 Promoting Commercial Sexual Abuse      of a Minor (RCW 9.68A.101)
 Rape 1 (RCW 9A.44.040)
 Rape of a Child 1 (RCW 9A.44.073)
 Trafficking 2 (RCW 9A.40.100(2))
XIManslaughter 1 (RCW 9A.32.060)
 Rape 2 (RCW 9A.44.050)
 Rape of a Child 2 (RCW 9A.44.076)
 Vehicular Homicide, by being under      the influence of intoxicating liquor      or any drug (RCW 46.61.520)
XChild Molestation 1 (RCW 9A.44.083)
 Criminal Mistreatment 1 (RCW      9A.42.020)
 Indecent Liberties (with forcible      compulsion) (RCW      9A.44.100(1)(a))
 Kidnapping 1 (RCW 9A.40.020)
 Leading Organized Crime (RCW      9A.82.060(1)(a))
 Malicious explosion 3 (RCW      70.74.280(3))
 Sexually Violent Predator Escape      (RCW 9A.76.115)
IXAbandonment of Dependent Person 1      (RCW 9A.42.060)
 Assault of a Child 2 (RCW 9A.36.130)
 Explosive devices prohibited (RCW      70.74.180)
 Hit and Run--Death (RCW      46.52.020(4)(a))
 Homicide by Watercraft, by being      under the influence of intoxicating      liquor or any drug (RCW      79A.60.050)
 Inciting Criminal Profiteering (RCW      9A.82.060(1)(b))
 Malicious placement of an explosive 2      (RCW 70.74.270(2))
 Robbery 1 (RCW 9A.56.200)
 Sexual Exploitation (RCW 9.68A.040)
VIIIArson 1 (RCW 9A.48.020)
 Commercial Sexual Abuse of a Minor      (RCW 9.68A.100)
 Homicide by Watercraft, by the      operation of any vessel in a      reckless manner (RCW      79A.60.050)
 Manslaughter 2 (RCW 9A.32.070)
 Promoting Prostitution 1 (RCW      9A.88.070)
 Theft of Ammonia (RCW 69.55.010)
 Vehicular Homicide, by the operation      of any vehicle in a reckless manner       (RCW 46.61.520)
VIIBurglary 1 (RCW 9A.52.020)
 Child Molestation 2 (RCW 9A.44.086)
 Civil Disorder Training (RCW      9A.48.120)
 Dealing in depictions of minor engaged       in sexually explicit conduct 1      (RCW 9.68A.050(1))
 Drive-by Shooting (RCW 9A.36.045)
 Homicide by Watercraft, by disregard      for the safety of others (RCW      79A.60.050)
 Indecent Liberties (without forcible      compulsion) (RCW 9A.44.100(1)      (b) and (c))
 Introducing Contraband 1 (RCW      9A.76.140)
 Malicious placement of an explosive 3      (RCW 70.74.270(3))
 Negligently Causing Death By Use of a       Signal Preemption Device (RCW      46.37.675)
 Sending, bringing into state depictions      of minor engaged in sexually      explicit conduct 1 (RCW      9.68A.060(1))
 Unlawful Possession of a Firearm in      the first degree (RCW 9.41.040(1))
 Use of a Machine Gun in Commission      of a Felony (RCW 9.41.225)
 Vehicular Homicide, by disregard for      the safety of others (RCW      46.61.520)
VIBail Jumping with Murder 1 (RCW      9A.76.170(3)(a))
 Bribery (RCW 9A.68.010)
 Incest 1 (RCW 9A.64.020(1))
 Intimidating a Judge (RCW 9A.72.160)
 Intimidating a Juror/Witness (RCW      9A.72.110, 9A.72.130)
 Malicious placement of an imitation      device 2 (RCW 70.74.272(1)(b))
 Possession of Depictions of a Minor      Engaged in Sexually Explicit      Conduct 1 (RCW 9.68A.070(1))
 Rape of a Child 3 (RCW 9A.44.079)
 Theft of a Firearm (RCW 9A.56.300)
 Unlawful Storage of Ammonia (RCW      69.55.020)
VAbandonment of Dependent Person 2      (RCW 9A.42.070)
 Advancing money or property for      extortionate extension of credit      (RCW 9A.82.030)
 Bail Jumping with class A Felony      (RCW 9A.76.170(3)(b))
 Child Molestation 3 (RCW 9A.44.089)
 Criminal Mistreatment 2 (RCW      9A.42.030)
 Custodial Sexual Misconduct 1 (RCW      9A.44.160)
 Dealing in Depictions of Minor      Engaged in Sexually Explicit      Conduct 2 (RCW 9.68A.050(2))
 Domestic Violence Court Order      Violation (RCW 10.99.040,      10.99.050, 26.09.300, 26.10.220,      26.26.138, 26.50.110, 26.52.070,      or 74.34.145)
 Driving While Under the Influence      (RCW 46.61.502(6))
 Extortion 1 (RCW 9A.56.120)
 Extortionate Extension of Credit (RCW       9A.82.020)
 Extortionate Means to Collect      Extensions of Credit (RCW      9A.82.040)
 Incest 2 (RCW 9A.64.020(2))
 Kidnapping 2 (RCW 9A.40.030)
 Perjury 1 (RCW 9A.72.020)
 Persistent prison misbehavior (RCW      9.94.070)
 Physical Control of a Vehicle While      Under the Influence (RCW      46.61.504(6))
 Possession of a Stolen Firearm (RCW      9A.56.310)
 Rape 3 (RCW 9A.44.060)
 Rendering Criminal Assistance 1      (RCW 9A.76.070)
 Sending, Bringing into State Depictions      of Minor Engaged in Sexually      Explicit Conduct 2 (RCW      9.68A.060(2))
 Sexual Misconduct with a Minor 1      (RCW 9A.44.093)
 Sexually Violating Human Remains      (RCW 9A.44.105)
 Stalking (RCW 9A.46.110)
 Taking Motor Vehicle Without      Permission 1 (RCW 9A.56.070)
IVArson 2 (RCW 9A.48.030)
 Assault 2 (RCW 9A.36.021)
 Assault 3 (of a Peace Officer with a      Projectile Stun Gun) (RCW      9A.36.031(1)(h))
 Assault by Watercraft (RCW      79A.60.060)
 Bribing a Witness/Bribe Received by      Witness (RCW 9A.72.090,      9A.72.100)
 Cheating 1 (RCW 9.46.1961)
 Commercial Bribery (RCW 9A.68.060)
 Counterfeiting (RCW 9.16.035(4))
 Endangerment with a Controlled      Substance (RCW 9A.42.100)
 Escape 1 (RCW 9A.76.110)
 Hit and Run -- Injury (RCW      46.52.020(4)(b))
 Hit and Run with Vessel -- Injury      Accident (RCW 79A.60.200(3))
 Identity Theft 1 (RCW 9.35.020(2))
 Indecent Exposure to Person Under      Age Fourteen (subsequent sex      offense) (RCW 9A.88.010)
 Influencing Outcome of Sporting Event       (RCW 9A.82.070)
 Malicious Harassment (RCW      9A.36.080)
 Possession of Depictions of a Minor      Engaged in Sexually Explicit      Conduct 2 (RCW 9.68A.070(2))
 Residential Burglary (RCW      9A.52.025)
 Robbery 2 (RCW 9A.56.210)
 Theft of Livestock 1 (RCW 9A.56.080)
 Threats to Bomb (RCW 9.61.160)
 Trafficking in Stolen Property 1 (RCW      9A.82.050)
 Unlawful factoring of a credit card or      payment card transaction (RCW      9A.56.290(4)(b))
 Unlawful transaction of health      coverage as a health care service      contractor (RCW 48.44.016(3))
 Unlawful transaction of health      coverage as a health maintenance      organization (RCW 48.46.033(3))
 Unlawful transaction of insurance      business (RCW 48.15.023(3))
 Unlicensed practice as an insurance      professional (RCW 48.17.063(2))
 Use of Proceeds of Criminal      Profiteering (RCW 9A.82.080 (1)      and (2))
 Vehicular Assault, by being under the      influence of intoxicating liquor or      any drug, or by the operation or      driving of a vehicle in a reckless      manner (RCW 46.61.522)
 Viewing of Depictions of a Minor      Engaged in Sexually Explicit      Conduct 1 (RCW 9.68A.075(1))
 Willful Failure to Return from      Furlough (RCW 72.66.060)
IIIAnimal Cruelty 1 (Sexual Conduct or      Contact) (RCW 16.52.205(3))
 Assault 3 (Except Assault 3 of a Peace      Officer With a Projectile Stun      Gun) (RCW 9A.36.031 except      subsection (1)(h))
 Assault of a Child 3 (RCW 9A.36.140)
 Bail Jumping with class B or C Felony      (RCW 9A.76.170(3)(c))
 Burglary 2 (RCW 9A.52.030)
 Communication with a Minor for      Immoral Purposes (RCW      9.68A.090)
 Criminal Gang Intimidation (RCW      9A.46.120)
 Custodial Assault (RCW 9A.36.100)
 Cyberstalking (subsequent conviction      or threat of death) (RCW      9.61.260(3))
 Escape 2 (RCW 9A.76.120)
 Extortion 2 (RCW 9A.56.130)
 Harassment (RCW 9A.46.020)
 Intimidating a Public Servant (RCW      9A.76.180)
 Introducing Contraband 2 (RCW      9A.76.150)
 Malicious Injury to Railroad Property      (RCW 81.60.070)
 Manufacture, Possess, Purchase, Sell,      Transfer of Assault Weapon,      Assault Weapon Conversion Kit      (section 2(1) of this act)
 Mortgage Fraud (RCW 19.144.080)
 Negligently Causing Substantial Bodily       Harm By Use of a Signal      Preemption Device (RCW      46.37.674)
 Organized Retail Theft 1 (RCW      9A.56.350(2))
 Perjury 2 (RCW 9A.72.030)
 Possess or Control Rifle or Pistol and      Magazine Containing More Than      Ten Rounds (section 2(2) of this      act)
 Possession of Incendiary Device (RCW       9.40.120)
 Possession of Machine Gun or Short-Barreled Shotgun or Rifle (RCW      9.41.190)
 Promoting Prostitution 2 (RCW      9A.88.080)
 Retail Theft with Extenuating      Circumstances 1 (RCW      9A.56.360(2))
 Securities Act violation (RCW      21.20.400)
 Tampering with a Witness (RCW      9A.72.120)
 Telephone Harassment (subsequent      conviction or threat of death)      (RCW 9.61.230(2))
 Theft of Livestock 2 (RCW 9A.56.083)
 Theft with the Intent to Resell 1 (RCW      9A.56.340(2))
 Trafficking in Stolen Property 2 (RCW      9A.82.055)
 Unlawful Hunting of Big Game 1      (RCW 77.15.410(3)(b))
 Unlawful Imprisonment (RCW      9A.40.040)
 Unlawful possession of firearm in the      second degree (RCW 9.41.040(2))
 Unlawful Taking of Endangered Fish      or Wildlife 1 (RCW      77.15.120(3)(b))
 Unlawful Trafficking in Fish, Shellfish,      or Wildlife 1 (RCW      77.15.260(3)(b))
 Unlawful Use of a Nondesignated      Vessel (RCW 77.15.530(4))
 Vehicular Assault, by the operation or      driving of a vehicle with disregard      for the safety of others (RCW      46.61.522)
 Willful Failure to Return from Work      Release (RCW 72.65.070)
IICommercial Fishing Without a License      1 (RCW 77.15.500(3)(b))
 Computer Trespass 1 (RCW      9A.52.110)
 Counterfeiting (RCW 9.16.035(3))
 Engaging in Fish Dealing Activity      Unlicensed 1 (RCW 77.15.620(3))
 Escape from Community Custody      (RCW 72.09.310)
 Failure to Register as a Sex Offender      (second or subsequent offense)      (RCW 9A.44.132)
 Health Care False Claims (RCW      48.80.030)
 Identity Theft 2 (RCW 9.35.020(3))
 Improperly Obtaining Financial      Information (RCW 9.35.010)
 Malicious Mischief 1 (RCW      9A.48.070)
 Organized Retail Theft 2 (RCW      9A.56.350(3))
 Possession of Stolen Property 1 (RCW      9A.56.150)
 Possession of a Stolen Vehicle (RCW      9A.56.068)
 Retail Theft with Extenuating      Circumstances 2 (RCW      9A.56.360(3))
 Theft 1 (RCW 9A.56.030)
 Theft of a Motor Vehicle (RCW      9A.56.065)
 Theft of Rental, Leased, or Lease-purchased Property (valued at one      thousand five hundred dollars or      more) (RCW 9A.56.096(5)(a))
 Theft with the Intent to Resell 2 (RCW      9A.56.340(3))
 Trafficking in Insurance Claims (RCW      48.30A.015)
 Unlawful factoring of a credit card or      payment card transaction (RCW      9A.56.290(4)(a))
 Unlawful Participation of Non-Indians      in Indian Fishery (RCW      77.15.570(2))
 Unlawful Practice of Law (RCW      2.48.180)
 Unlicensed Practice of a Profession or      Business (RCW 18.130.190(7))
 Unlawful Purchase or Use of a License      (RCW 77.15.650(3)(b))
 Unlawful Trafficking in Fish, Shellfish,      or Wildlife 2 (RCW      77.15.260(3)(a))
 Voyeurism (RCW 9A.44.115)
IAttempting to Elude a Pursuing Police      Vehicle (RCW 46.61.024)
 False Verification for Welfare (RCW      74.08.055)
 Forgery (RCW 9A.60.020)
 Fraudulent Creation or Revocation of a      Mental Health Advance Directive      (RCW 9A.60.060)
 Malicious Mischief 2 (RCW      9A.48.080)
 Mineral Trespass (RCW 78.44.330)
 Possession of Stolen Property 2 (RCW      9A.56.160)
 Reckless Burning 1 (RCW 9A.48.040)
 Spotlighting Big Game 1 (RCW      77.15.450(3)(b))
 Suspension of Department Privileges 1      (RCW 77.15.670(3)(b))
 Taking Motor Vehicle Without      Permission 2 (RCW 9A.56.075)
 Theft 2 (RCW 9A.56.040)
 Theft of Rental, Leased, or Lease-purchased Property (valued at two      hundred fifty dollars or more but      less than one thousand five      hundred dollars) (RCW      9A.56.096(5)(b))
 Transaction of insurance business      beyond the scope of licensure      (RCW 48.17.063)
 Unlawful Fish and Shellfish Catch      Accounting (RCW      77.15.630(3)(b))
 Unlawful Issuance of Checks or Drafts      (RCW 9A.56.060)
 Unlawful Possession of Fictitious      Identification (RCW 9A.56.320)
 Unlawful Possession of Instruments of      Financial Fraud (RCW 9A.56.320)
 Unlawful Possession of Payment      Instruments (RCW 9A.56.320)
 Unlawful Possession of a Personal      Identification Device (RCW      9A.56.320)
 Unlawful Production of Payment      Instruments (RCW 9A.56.320)
 Unlawful Release of Deleterious Exotic      Wildlife (RCW 77.15.250(2)(b))
 Unlawful Trafficking in Food Stamps      (RCW 9.91.142)
 Unlawful Use of Food Stamps (RCW      9.91.144)
 Unlawful Use of Net to Take Fish 1      (RCW 77.15.580(3)(b))
 Unlawful Use of Prohibited Aquatic      Animal Species (RCW      77.15.253(3))
 Vehicle Prowl 1 (RCW 9A.52.095)
 Violating Commercial Fishing Area or      Time 1 (RCW 77.15.550(3)(b))

NEW SECTION.  Sec. 4   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

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