SENATE BILL REPORT

SB 5853

BYSenators Pullen, Talmadge, McCaslin, Rasmussen, Thorsness, Hayner, Nelson and Cantu

Penalizing use of a machine gun in a felony.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 13, 1989

Majority Report:  Do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Hayner, Madsen, Nelson, Newhouse, Niemi, Rinehart, Talmadge, Thorsness.

Senate Staff:Jon Carlson (786-7459)

                  March 9, 1989

AS PASSED SENATE, MARCH 8, 1989

BACKGROUND:

Current law provides that a person who violates any of the provisions regulating the manufacture, purchase, transport or possession of machine guns is guilty of an unranked felony.  Machine guns are now being found in the possession of drug dealers, gang members, and other dangerous criminals with increasing frequency.  Many law enforcement agencies feel that the present unranked felony does not sufficiently deter dangerous criminals from using machine guns in furtherance of their criminal activities.  It is suggested that a person who, while committing a felony (other than the above unranked felony), discharges a machine gun, or threatens or menaces a person with a machine gun, should be guilty of a felony in addition to the underlying crime. 

SUMMARY:

A person who, in committing or furthering a felony other than the unranked felony for possession of a machine gun, discharges, menaces, or threatens a person with a machine gun, is guilty of a class A felony.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Al Wallis, Renton Chief of Police (pro); Rick Jensen, Washington State Patrol (pro); Jane Noland, Seattle City Council (pro); George Benson, Seattle City Council (pro); Charlie Marsh, Washington State Council of Police Officers (pro); Ted Cowan, King County Outdoor Sports Council (pro)