HOUSE BILL REPORT

HB 1132

BYRepresentatives Wineberry, Patrick, Anderson, Brough, Appelwick, O'Brien, Locke, Sayan, Valle, Dellwo, Heavey, Prentice, R. Fisher, P. King, Wang, Rector, Crane, Winsley, Todd, Dorn, Sprenkle, Brumsickle and May

Creating a crime of reckless endangerment in the first degree.

House Committe on Judiciary

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (17)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Dellwo, Hargrove, Inslee, P. King, Locke, R. Meyers, Moyer, H. Myers, Patrick, Scott, D. Sommers, Tate and Wineberry.

House Staff:Bill Perry (786-7123)

AS REPORTED BY COMMITTEE ON JUDICIARY FEBRUARY 22, 1989

BACKGROUND:

There is currently no felony crime to cover a "drive-by" shooting that does not result in a death or injury and cannot be proved to be an attempted murder or assault.  There are, however, misdemeanor offenses that could be charged for firing a gun from a car.  If others are threatened by the firing, the current reckless endangerment gross misdemeanor would apply.  It is also a misdemeanor to point a gun "at or toward" a person, or to discharge a gun "in a public place, or in any place where any person might be endangered thereby."  The state's game laws also contain possibly relevant provisions.  It is a misdemeanor even to carry a loaded rifle or shotgun in a motor vehicle.  It is also a misdemeanor to shoot any gun "from, across, or along" a public road, whether or not the firing involves a motor vehicle.

SUMMARY:

SUBSTITUTE BILL:  The new crime of First Degree Reckless Endangerment is created.

The crime consists of recklessly discharging a firearm from a motor vehicle, or from the vicinity of a motor vehicle used to transport the shooter, in such a manner as to create the risk of death or serious injury to another person.  The crime is a class C felony and is ranked at Seriousness Level II in the Sentencing Reform Act.  The maximum penalty for a class C felony is five years in prison and a fine of $10,000.  The "presumptive sentence" under the Sentencing Reform Act for a person with no prior criminal history who is convicted of a level II crime is zero to 90 days in jail.  For a person with an extensive criminal history, the presumptive sentence could be as high as four years in prison.

The current gross misdemeanor crime of reckless endangerment remains, but is renamed "reckless endangerment in the second degree."  It covers any reckless action, except for firing a gun from a car, that creates risk of death or serious injury.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The substitute ranks the new crime of reckless endangerment in the first degree, and provides a cross-reference in the existing reckless endangerment statute.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Prime Sponsor.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The bill allows appropriate prosecution of serious and dangerous behavior.

House Committee - Testimony Against:      None Presented.