BILL REQ. #:  H-1823.1 

Read first time 02/21/2003.   Referred to Committee on Criminal Justice & Corrections.

     AN ACT Relating to manslaughter as a lesser included offense of murder in the second degree; amending RCW 9A.32.050; and declaring an emergency.

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

Sec. 1   RCW 9A.32.050 and 2003 c 3 s 2 are each amended to read as follows:
     (1) A person is guilty of murder in the second degree when:
     (a) With intent to cause the death of another person but without premeditation, he or she causes the death of such person or of a third person; or
     (b) He or she commits or attempts to commit any felony, including assault, other than those enumerated in RCW 9A.32.030(1)(c), and, in the course of and in furtherance of such crime or in immediate flight therefrom, he or she, or another participant, causes the death of a person other than one of the participants; except that in any prosecution under this ((subdivision)) subsection (1)(b) in which the defendant was not the only participant in the underlying crime, if established by the defendant by a preponderance of the evidence, it is a defense that the defendant:
     (i) Did not commit the homicidal act or in any way solicit, request, command, importune, cause, or aid the commission thereof; and
     (ii) Was not armed with a deadly weapon, or any instrument, article, or substance readily capable of causing death or serious physical injury; and
     (iii) Had no reasonable grounds to believe that any other participant was armed with such a weapon, instrument, article, or substance; and
     (iv) Had no reasonable grounds to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury.
     (2) Manslaughter in the first degree and manslaughter in the second degree are lesser included offenses of murder in the second degree under subsection (1)(a) and (b) of this section.
     (3) Murder in the second degree is a class A felony.

NEW SECTION.  Sec. 2   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.