_______________________________________________
HOUSE
BILL 1442
_______________________________________________
AS
AMENDED BY THE SENATE
Passed
Legislature - 1999 Regular Session
State of Washington 56th
Legislature 1999 Regular Session
By
Read first time 01/25/1999.
Referred to Committee on Criminal Justice & Corrections.
Extending
protection of transit employees and customers.
AN
ACT Relating to assault on transit employees or customers; amending RCW
9A.36.031; and prescribing penalties.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
9A.36.031 and 1998 c 94 s 1 are each amended to read as follows:
(1)
A person is guilty of assault in the third degree if he or she, under
circumstances not amounting to assault in the first or second degree:
(a)
With intent to prevent or resist the execution of any lawful process or mandate
of any court officer or the lawful apprehension or detention of himself or
another person, assaults another; or
(b)
Assaults a person employed as a transit operator or driver, the immediate
supervisor of a transit operator or driver, a mechanic, or a security officer,
by a public or private transit company or a contracted transit service
provider, while that person is performing his or her official duties at the
time of the assault; or
(c)
Assaults a school bus driver, the immediate supervisor of a driver, a
mechanic, or a security officer, employed by a school district transportation
service or a private company under contract for transportation services
with a school district, while the ((driver)) person is
performing his or her official duties at the time of the assault; or
(d)
With criminal negligence, causes bodily harm to another person by means of a
weapon or other instrument or thing likely to produce bodily harm; or
(e)
Assaults a fire fighter or other employee of a fire department, county fire
marshal's office, county fire prevention bureau, or fire protection district
who was performing his or her official duties at the time of the assault; or
(f)
With criminal negligence, causes bodily harm accompanied by substantial pain
that extends for a period sufficient to cause considerable suffering; or
(g)
Assaults a law enforcement officer or other employee of a law enforcement
agency who was performing his or her official duties at the time of the
assault; or
(h)
Assaults a nurse, physician, or health care provider who was performing his or
her nursing or health care duties at the time of the assault. For purposes of
this subsection: "Nurse" means a person licensed under chapter 18.79
RCW; "physician" means a person licensed under chapter 18.57 or 18.71
RCW; and "health care provider" means a person certified under
chapter 18.71 or 18.73 RCW who performs emergency medical services or a person
regulated under Title 18 RCW and employed by, or contracting with, a hospital
licensed under chapter 70.41 RCW.
(2) Assault in the third degree is a class C felony.
