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Senate rejects floor amendment to remove 'facsimile' language from gang-offender bill; SB 28 advances to House
Summary
Senators debated whether the phrase "facsimile of a firearm" should remain in SB 28'which raises penalties for gang-related offenses'after concerns it was ill-defined. Sponsor Senator Griner argued facsimiles are used in real threats; an amendment to remove the term failed and the bill advanced to the House.
Senators debated a contested amendment to Senate Bill 28, a measure that increases penalties for certain gang-related offenses, before the chamber advanced the bill to the House. Sponsor Senator Griner defended language that includes possession of "a firearm, ammunition or a facsimile of a firearm," saying realistic facsimiles are used by gang members and should be captured by the statute.
Senator Madsen moved from the floor to remove the words "or a facsimile of a firearm," arguing the term "facsimile" is not clearly defined in the bill and could unintentionally broaden criminal liability. Madsen said the definition cited elsewhere in statute conditions the term on intent and that repeating "facsimile" without that intent requirement creates ambiguity.
Griner spoke against the amendment, saying facsimile weapons can be "almost to scale" and pose the same threat in street confrontations; he said the broader wording is appropriate for the bill's focus on gang-offender conduct. After brief back-and-forth and two voice calls, the presiding officer ruled the amendment had failed.
Following that ruling, Senator Griner moved SB 28 for third reading and final passage. The clerk called a roll-call vote and the presiding officer announced that SB 28 "passes and will be sent to the House for further action." The transcript does not provide a clear, unambiguous numeric tally for that final roll call in the floor record.
