SENATE BILL REPORT

SB 5125

BYSenators Owen, Bottiger and Moore

Making the negligent discharge of a firearm a gross misdemeanor.

Senate Committee on Judiciary

Senate Hearing Date(s):February 5, 1987

Senate Staff:Carolyn J. Mayer (786-7465)

AS OF FEBRUARY 4, 1987

BACKGROUND:

Current law does not provide for a separate offense or penalty when a firearm is discharged without criminal intent, but the death or injury of another results from the discharge.  It has been suggested that the negligent discharge of a firearm should be a separate statutory criminal offense subject to penalty.

SUMMARY:

A person is guilty of negligent discharge of a firearm when he either discharges a firearm without intent to kill or injure another, or when he leaves a loaded firearm in a place where someone under the age of 16 obtains it and discharges it; and (1) another person dies within three years as a result of injury proximately caused by the discharge by the firearm, (2) another person suffers bodily injury proximately caused by the discharge of the firearm, or (3) the projectile from the discharge passes within ten feet of another person.  Negligent discharge of a firearm is a gross misdemeanor.

Fiscal Note:      none requested