H-3992.1          _______________________________________________

                                  HOUSE BILL 2979

                  _______________________________________________

State of Washington              52nd Legislature             1992 Regular Session

By Representatives Brumsickle and Bowman

Read first time 02/07/92.  Referred to Committee on Judiciary.Increasing the punishment for drive by shootings.

     AN ACT Relating to terrorism; adding new sections to chapter 9.41 RCW; creating a new section; and prescribing penalties.

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

NEW SECTION. Sec. 1.      The legislature finds:

     (1) Some individuals have determined that discharging firearms under circumstances manifesting an extreme indifference to human life is an appropriate form of conduct.

     (2) The discharge of firearms under circumstances manifesting an extreme indifference to human life has as an intended consequence the terrorizing of the community where discharge occurs.

     (3) Current statutes against the discharge of firearms under circumstances manifesting an extreme indifference to human life are inadequate to address the nature and seriousness of the assaults against our communities now being conducted.

NEW SECTION. Sec. 2.      Sections 2 through 5 of this act are intended to supplement existing laws against the discharge of firearms under circumstances manifesting an extreme indifference to human life and may be cited as the anti-terrorist act of 1992.

NEW SECTION. Sec. 3.      It is unlawful for a person to discharge a firearm under circumstances manifesting an extreme indifference to human life.  Violation of sections 2 through 5 of this act is a class A felony.

NEW SECTION. Sec. 4.      A firearm used in violation of sections 2 through 5 of this act, and an automobile used during the commission of the offense, shall be forfeited to the jurisdiction making the arrest.

NEW SECTION. Sec. 5.      In the event that a person is killed as result of a discharge of a firearm under circumstances manifesting an extreme indifference to human life, the person responsible for the discharge shall be tried for aggravated first degree murder and subject to capital punishment as provided in chapter 10.95 RCW.

NEW SECTION. Sec. 6.      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.

NEW SECTION. Sec. 7.      Sections 2 through 5 of this act are each added to chapter 9.41 RCW.