5186‑S AMS SMIA MCBR 01

SSB 5186 - S AMD

    BySenators A. Smith and von Reichbauer

    On page 1, line 6, after "who" and before "performs" insert "unreasonably"

    On page 1, line 16, strike all material beginning with "In" down through and including the period on page 2, line 2.

    EFFECT:     These amendments incorporate unreasonableness of the defendant's behavior as an element of the crime to be proven by the prosecution, rather than putting the burden of proof on the defendant to prove reasonable conduct.  Intention to harm would be one of the aspects of reasonableness to be considered.

SSB 5186 - S AMD

    BySenators A. Smith and von Reichbauer

    On page 1, line 7, after "or" strike "an" and insert "a medically or judicially determined"

    EFFECT:     The amendment clarifies the definition of "incompetent", which does not appear in chapter 9A.40 RCW.

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