SUBSTITUTE SENATE BILL NO. 6467



                                                                            C 200 L 90



State of Washington                               51st Legislature                              1990 Regular Session


By Senate Committee on Law & Justice (originally sponsored by Senators Talmadge, Nelson and Vognild)



Read first time 1/31/90.



AN ACT Relating to second degree arson as murder; and amending RCW 9A.32.030.




        Sec. 1.  Section 9A.32.030, chapter 260, Laws of 1975 1st ex. sess. as amended by section 3, chapter 38, Laws of 1975-'76 2nd ex. sess. and RCW 9A.32.030 are each amended to read as follows:

          (1) A person is guilty of murder in the first degree when:

          (a) With a premeditated intent to cause the death of another person, he or she causes the death of such person or of a third person; or

          (b) Under circumstances manifesting an extreme indifference to human life, he or she engages in conduct which creates a grave risk of death to any person, and thereby causes the death of a person; or

          (c) He or she commits or attempts to commit the crime of either (1) robbery((,)) in the first or second degree, (2) rape in the first or second degree, (3) burglary in the first degree, (4) arson in the first or second degree, or (5) kidnapping((,)) in the first or second degree, and((;)) in the course of ((and)) or in furtherance of such crime or in immediate flight therefrom, he or she, or another participant, causes the death of a person other than one of the participants((;)):  Except that in any prosecution under this subdivision (1)(c) in which the defendant was not the only participant in the underlying crime, if established by the defendant by a preponderance of the evidence, it is a defense that the defendant:

          (i) Did not commit the homicidal act or in any way solicit, request, command, importune, cause, or aid the commission thereof; and

          (ii) Was not armed with a deadly weapon, or any instrument, article, or substance readily capable of causing death or serious physical injury; and

          (iii) Had no reasonable grounds to believe that any other participant was armed with such a weapon, instrument, article, or substance; and

          (iv) Had no reasonable grounds to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury.

          (2) Murder in the first degree is a class A felony.

                                                                                                                        Passed the Senate February 7, 1990.


                                                                                                                                       President of the Senate.


                                                                                                                           Passed the House March 2, 1990.


                                                                                                                                         Speaker of the House.