6328-S.E AMH NR H5347.1

ESSB 6328 - H COMM AMD NOT ADOPTED 3-06-98

By Committee on Natural Resources

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  A new section is added to chapter 77.16 RCW to read as follows:

    (1) A person is guilty of spotlighting big game in the second degree if the person hunts big game with the aid of a spotlight or other artificial light while in possession or control of a firearm, bow and arrow, or cross bow.

    (2) A person is guilty of spotlighting big game in the first degree if:

    (a) The person has any prior conviction for gross misdemeanor or felony for a crime under this title involving big game including but not limited to subsection (1) of this section; and

    (b) Within ten years of the date that such prior conviction was entered the person violates subsection (1) of this section.

    (3)(a) Spotlighting big game in the second degree is a gross misdemeanor.

    (b) Spotlighting big game in the first degree is a class C felony.  Upon conviction, the court shall order suspension of all privileges to hunt wildlife for a period of two years.

NEW SECTION. Sec. 2.  A new section is added to chapter 77.16 RCW to read as follows:

    (1) A person is guilty of unlawful possession of a loaded firearm in a motor vehicle if:

    (a) The person carries, transports, conveys, possesses, or controls a rifle or shotgun in a motor vehicle; and

    (b) The rifle or shotgun contains shells or cartridges in the magazine or chamber, or is a muzzle-loading firearm that is loaded and capped or primed.

    (2) A person is guilty of unlawful use of a loaded firearm if the person negligently shoots a firearm from, across, or along the maintained portion of a public highway.

    (3) A violation of this section is a misdemeanor.

    (4) This section does not apply if the person:

    (a) Is a law enforcement officer who is authorized to carry a firearm and is on duty within the officer's respective jurisdiction;

    (b) Possesses a disabled hunter's permit as provided by RCW 77.32.237 and complies with all rules of the department concerning hunting by persons with disabilities.

NEW SECTION. Sec. 3.  The following acts or parts of acts are each repealed:

(1) RCW 77.16.050 and 1980 c 78 s 73 & 1955 c 36 s 77.16.050;

(2) RCW 77.16.250 and 1989 c 297 s 5, 1980 c 78 s 93, & 1955 c 36 s 77.16.250; and

(3) RCW 77.16.260 and 1980 c 78 s 94, 1955 c 85 s 1, & 1955 c 36 s 77.16.260."

    Correct the title.

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