BILL REQ. #: S-0056.1

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SENATE BILL 5710
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State of Washington

63rd Legislature

2013 Regular Session

By Senators Kohl-Welles, Tom, Murray, Harper, Litzow, Nelson, Chase, Fraser, Ranker, Billig, Kline, Darneille, Frockt, Hill, Eide, Cleveland, Mullet, Schlicher, Hasegawa, Shin, Rolfes, Keiser, McAuliffe, and Conway

Read first time 02/11/13. Referred to Committee on Law & Justice.

AN ACT Relating to reckless endangerment resulting from unsafe storage of firearms; amending RCW 9A.36.050; and prescribing penalties.

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

Sec. 1   RCW 9A.36.050 and 1997 c 338 s 45 are each amended to read as follows:
     (1) A person is guilty of reckless endangerment when he or she recklessly engages in conduct not amounting to drive-by shooting but that creates a substantial risk of death or serious physical injury to another person.
     (2) Except as otherwise provided in this section, a person is guilty of reckless endangerment if the person stores or leaves a loaded firearm in a location where the person knows, or reasonably should know, that a child is likely to gain access, and a child obtains possession of the loaded firearm.
     (3) Subsection (2) of this section does not apply if:
     (a) The firearm is secured in a locked box, gun safe, other secure locked storage space, or secured with a lock or any device that prevents the firearm from discharging;
     (b) The child's access to the firearm is supervised by an adult;
     (c) The child's access to the firearm was obtained as a result of an unlawful entry; or
     (d) The child's access to the firearm was in accordance with RCW 9.41.042.
     (4) If a death or serious injury occurs as a result of an alleged violation of subsection (2) of this section, the prosecuting attorney may decline to prosecute, even though technically sufficient evidence to prosecute exists, in situations where prosecution would serve no public purpose, would defeat the purpose of the law in question, or would result in decreased respect for the law.
     (5) For the purposes of this section:
     (a) "Child" means a person under the age of twelve years; and
     (b) The definitions in RCW 9.41.010 apply throughout this section.
     (6) Nothing in this section shall mandate how or where a firearm must be stored.
     (7) Reckless endangerment is a gross misdemeanor.

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