S-302                 _______________________________________________

                                                   SENATE BILL NO. 5125

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senators Owen, Bottiger and Moore

Read first time 1/16/87 and referred to Committee on Judiciary.

AN ACT Relating to negligent discharge of firearms; adding a new section to chapter 9.41 RCW; defining crimes; 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 9.41 RCW to read as follows:

          (1) A person is guilty of negligent discharge of a firearm when:

          (a) The person discharges a firearm and the act lacks the criminal intent required for homicide or assault, but:

          (i) The death of another person ensues within three years as a proximate result of injury proximately caused by the discharge of the firearm; or

          (ii) A bodily injury to another person is proximately caused by the discharge of the firearm; or

          (iii) The projectile strikes or passes within ten feet of another person; or

          (b) The person leaves a loaded firearm in a place where another person under the age of sixteen years obtains possession of it and discharges it with any of the results set forth in (a) (i), (ii), or (iii) of this subsection.

          (2) Negligent discharge of a firearm is a gross misdemeanor punishable under chapter 9A.20 RCW.