5360-S.E AMS SHOR S5245.1
ESSB 5360 - S AMD TO S AMD (S-4648.1/26) 714
By Senator Short
NOT ADOPTED 02/17/2026
On page 3, line 5, after "(1)" strike "A" and insert "(a) Except as provided in (b) of this subsection (1), a"
On page 3, after line 9, insert the following:
"(b) Conduct that does not result in death or substantial bodily harm or place another person in imminent danger of death or substantial bodily harm is not a violation of this section."
On page 3, line 36, after "(1)" strike "A" and insert "(a) Except as provided in (b) of this subsection (1), a"
On page 4, after line 3, insert the following:
"(b) Conduct that does not result in death or substantial bodily harm or place another person in imminent danger of death or substantial bodily harm is not a violation of this section."
On page 11, line 28, after "(1)" strike "A" and insert "(a) Except as provided in (b) of this subsection (1), a"
On page 11, at the beginning of line 31, strike "(a)" and insert "(i)"
On page 11, at the beginning of line 35, strike "(b)" and insert "(ii)"
Correct any internal references accordingly.
On page 11, after line 36, insert the following:
"(b) Conduct that does not: (i) Result in death or substantial bodily harm; (ii) place another person in imminent danger of death or substantial bodily harm; or (iii) place any property of another person, or any natural resources owned by the state of Washington, or any of its local governments, in imminent danger of harm, is not a violation of this section."
On page 14, line 24, after "(1)" strike "A" and insert "(a) Except as provided in (b) of this subsection (1), a"
On page 14, after line 27, insert the following:
"(b) Conduct that does not result in death or substantial bodily harm or place another person in imminent danger of death or substantial bodily harm is not a violation of this section."
On page 15, line 16, after "(1)" strike "A" and insert "(a) Except as provided in (b) of this subsection (1), a"
On page 15, after line 20, insert the following:
"(b) Conduct that does not result in death or substantial bodily harm or place another person in imminent danger of death or substantial bodily harm is not a violation of this section."
EFFECT: (1) Requires, for the purposes of determining whether a second- or third-degree violation of the environmental statutes occurred, proving the conduct constituting the violation either resulted in or placed another person in imminent danger of death or substantial bodily harm.
(2) Requires, for the second- and third-degree violations of the state Clean Air Act, proving the same as above or that the conduct constituting the violation placed any property of another person or certain publicly owned natural resources, in imminent danger of harm.
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