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1 (5) The provisions of chapter 130, Laws of 2015 and subsection <br /> 2 (\4) of this section shall not apply to circumstances where a law <br /> 3 enforcement officer has momentarily obtained a firearm or concealed <br /> 4 pistol license from an individual and would otherwise immediately <br /> 5 return the firearm or concealed pistol license to the individual <br /> 6 during the same interaction. <br /> 7 Sec. 7. RCW 9A. 36. 041 and 2017 c 272 s 1 are each amended to <br /> 8 read as follows: <br /> 9 (1) A person is guilty of assault in the fourth degree if, under <br /> 10 circumstances not amounting to assault in the first, second, or third <br /> 11 degree, or custodial assault, he or she assaults another. <br /> 12 (2) Assault in the fourth degree is a gross misdemeanor, except <br /> 13 as provided in subsection (3) of this section. <br /> 14 (3) (a) Assault in the fourth degree ( (, where domestic violence <br /> 15 was pleaded and proven) ) occurring after July 23, 2017, and before <br /> 16 the effective date of this section, where domestic violence is <br /> 17 pleaded and proven, is a class C felony if the person has two or more <br /> 18 prior adult convictions within ten years for any of the following <br /> 19 offenses ( (whore domestic violence as defined in RCW 9. 94A. 030 was <br /> 20 pleaded and proven) ) occurring after July 23, 2017, where domestic <br /> 21 violence was pleaded and proven: <br /> 22 ( (-+a+) ) (i) Repetitive domestic violence offense as defined in <br /> 23 RCW 9. 94A. 030; <br /> 24 ( (-0a-)-) ) (ii) Crime of harassment as defined by RCW 9A. 46. 060; <br /> 25 ( ( (c) ) ) (iii) Assault in the third degree; <br /> 26 ( (-(-4*) ) (iv) Assault in the second degree; <br /> 27 ( ( (c) ) ) (v) Assault in the first degree; or <br /> 28 ( ( (f) An out of state comparable offense. <br /> 29 (4) ) ) (vi) A municipal, tribal, federal, or out-of-state offense <br /> 30 comparable to any offense under (a) (i) through (v) of this <br /> 31 subsection. <br /> 32 For purposes of this subsection (3) (a) ( (of this section) ) , <br /> 33 "family or household members" for purposes of the definition of <br /> 34 "domestic violence" means spouses, domestic partners, former spouses, <br /> 35 former domestic partners, persons who have a child in common <br /> 36 regardless of whether they have been married or have lived together <br /> 37 at any time, persons sixteen years of age or older who are presently <br /> 38 residing together or who have resided together in the past and who <br /> 39 have or have had a dating relationship, and persons sixteen years of <br /> p. 14 SHB 2473.SL <br />