H-509                _______________________________________________

                                                   HOUSE BILL NO. 1132

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives 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

Read first time 1/16/89 and referred to Committee on Judiciary.

AN ACT Relating to reckless endangerment; adding a new section to chapter 9A.36 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 9A.36 RCW to read as follows:

          (1) A person is guilty of reckless endangerment in the first degree when he or she recklessly discharges a firearm in a manner which creates a substantial risk of death or serious physical injury to another person and the discharge is either from a motor vehicle or from the immediate area of a motor vehicle that was used to transport the shooter or the firearm to the scene of the discharge.

          (2) A person who unlawfully discharges a firearm from a moving motor vehicle may be inferred to have engaged in reckless conduct, unless the discharge is shown by evidence satisfactory to the trier of fact to have been made without such recklessness.

          (3) Reckless endangerment in the first degree is a class C felony.