SENATE BILL REPORT

SB 5187

BYSenators Kreidler and Talmadge

Prohibiting the possession, sale, transportation, etc. of destructive devices.

Senate Committee on Judiciary

Senate Hearing Date(s):February 5, 1987

Senate Staff:Jon Carlson (786-7459)

AS OF FEBRUARY 4, 1987

BACKGROUND:

Under current law, it is illegal to possess a destructive device or bomb.  However, it is not illegal to manufacture these devices or to possess facsimiles of a destructive device or bomb.  The present law makes it difficult for law enforcement agencies to protect the public from acts of terrorism or violence perpetrated through the use of these devices.  A more stringent statute pertaining to explosive and destructive devices is needed to assist law enforcement in their peace-keeping efforts.

SUMMARY:

Definitions of "destructive device," "explosives," and "unclassified explosives" are provided. 

No person may possess a destructive device or any device designed to convey the physical appearance of an explosive substance or incendiary bomb.  No person may sell, transport, or possess any destructive device or component parts thereof, other than fixed ammunition greater than .50 caliber.

Every dealer, manufacturer, importer, exporter, or any motion picture or television studio using destructive devices in the conduct of its business is required to obtain a permit from the Department of Labor and Industries.

Destructive devices that are possessed in violation of these provisions must be surrendered to any peace officer.  Possession of a destructive device is a public nuisance and the prosecutor may bring an action to enjoin the possession of any such destructive device.

No person may sell, give away, or transport any unclassified explosive.  No explosive may be sold, furnished, or given to any person under 21 years of age, nor may any such person be eligible o obtain any permit to receive explosives. The manufacture, possession, or transport of any explosive is also prohibited.

Provisions relating to the abandonment or disposal of explosives are outlined.

A person who knowingly possesses any explosive unlawfully is guilty of a Class C felony.  Unclassified explosives that are sold, transported, or given away without a permit are subject to seizure by law enforcement. Penalties are also provided for several other violations including:  1) false bomb threats;  2) carrying an explosive or destructive device on any form of passenger transport;  and 3) unlawfully exploding or igniting any explosive or destructive device which causes bodily injury.

A person is guilty of murder in the first degree when he causes the death of any person by igniting a destructive device or explosive under circumstances that manifest an extreme indifference to human life.  Upon conviction, punishment is life imprisonment in the state penitentiary. 

Any person who sustains injury due to a violation of these provisions may file an action for damages, including costs and attorney's fees.  The attorney general or prosecuting attorney may file an action on behalf of injured persons, or on behalf of the state or county if the entity has sustained damages.  In the court's discretion, up to three times the actual damages sustained may be awarded.  All proceeds traceable to or derived from a violation of these provisions may be forfeited as well.

Fiscal Note:      requested