SENATE BILL REPORT

SB 6467

BYSenators Talmadge, Nelson and Vognild

Adding second degree arson as basis for first degree murder in certain cases.

Senate Committee on Law & Justice

Senate Hearing Date(s):January 26, 1990; January 29, 1990

Majority Report:  That Substitute Senate Bill No. 6467 be substituted therefor, and the substitute bill do pass.

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

Senate Staff:Vicki E. Schur (786-7415)

                  February 8, 1990

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, JANUARY 29, 1990

BACKGROUND:

A person who, in the course of and in furtherance of knowingly and maliciously causing a fire or explosion which is dangerous to human life, damages a dwelling or any building in which there was a person who was not a participant in the crime, or with the intent to collect insurance proceeds on a property valued at greater than $10,000, causes the death of another is guilty of first degree murder.

"Building" includes a dwelling or structure used for lodging persons or carrying on business.  "Building" does not include a structure such as a barn.

In 1989, the Washington Court of Appeals held that the death of a firefighter was not "in furtherance of" the arson and therefore the arsonist could not be convicted of felony murder.

SUMMARY:

A person who causes the death of another as the result of knowingly and maliciously causing a fire or explosion which damages any property is guilty of first degree murder.

EFFECT OF PROPOSED SUBSTITUTE:

A death may be caused in the course of or in furtherance of the crime to constitute first degree murder.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Dennis W. Morgan, Washington Association of Prosecuting Attorneys; Dick Warbrouck, Seattle Firefighters Union; Bill Hepburn, Seattle Fire Department