AN ACT Relating to enhancing penalties for crimes committed against law enforcement officers; amending RCW 9A.36.011, 9A.36.021, 9A.36.031, and 9.94A.510; reenacting and amending RCW 9.94A.515; adding a new section to chapter 9A.32 RCW; adding a new section to chapter 9A.40 RCW; adding a new section to chapter 9A.44 RCW; adding a new section to chapter 9.94A RCW; 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 9A.32 RCW to read as follows:

A person is guilty of aggravated second degree murder, a class A felony, if he or she commits second degree murder as defined by RCW 9A.32.050, as now or hereafter amended, and the victim was a law enforcement officer who was performing his or her official duties at the time of the act resulting in death and the victim was known or reasonably should have been known by the person to be such at the time of the killing.

NEW SECTION.  Sec. 2.  A new section is added to chapter 9A.40 RCW to read as follows:

A person is guilty of aggravated first degree kidnapping, a class A felony, if he or she commits first degree kidnapping as defined by RCW 9A.40.020, as now or hereafter amended, and the victim was a law enforcement officer who was performing his or her official duties at the time of the act and the victim was known or reasonably should have been known by the person to be such at the time of the act.

NEW SECTION.  Sec. 3.  A new section is added to chapter 9A.44 RCW to read as follows:

(1) A person is guilty of aggravated first degree rape, a class A felony, if he or she commits first degree rape as defined by RCW 9A.44.040, as now or hereafter amended, and the victim was a law enforcement officer who was performing his or her official duties at the time of the act and the victim was known or reasonably should have been known by the person to be such at the time of the act.

(2) A person is guilty of aggravated second degree rape, a class A felony, if he or she commits second degree rape as defined by RCW 9A.44.050(1) (a) or (b), as now or hereafter amended, and the victim was a law enforcement officer who was performing his or her official duties at the time of the act and the victim was known or reasonably should have been known by the person to be such at the time of the act.

NEW SECTION.  Sec. 4.  A new section is added to chapter 9.94A RCW to read as follows:

(1) Except as provided in subsection (2) of this section, any person convicted of a crime under section 1, 2, or 3 (1) or (2) of this act must be sentenced to life imprisonment without possibility of release or parole. A person sentenced to life imprisonment under this section may not have that sentence suspended, deferred, or commuted by any judicial officer and the indeterminate sentence review board or its successor may not parole the prisoner nor reduce the period of confinement in any manner whatsoever including, but not limited to, any good time calculation. The department of social and health services or its successor or any executive official may not permit the prisoner to participate in any sort of release or furlough program.

(2) Any person convicted of a crime under section 1, 2, or 3 (1) or (2) of this act for an offense before the person's eighteenth birthday shall be sentenced to a maximum term of life imprisonment and a minimum term of total confinement of twenty years. A person sentenced under this subsection for crimes under sections 1 and 2 of this act is subject to the requirements of RCW 9.94A.730. A person sentenced under this subsection for crimes under section 3 (1) or (2) of this act is subject to the treatment, review, release, and community custody requirements of juveniles sentenced as adults for rape in the first or second degree including, but not limited to, RCW 9.94A.507 (4) through (6), 9.94A.704, 72.09.335, or 9.95.420 through 9.95.440, and any applicable sex offender registration requirements under RCW 9A.44.130.

Sec. 5.  RCW 9A.36.011 and 1997 c 196 s 1 are each amended to read as follows:

(1) A person is guilty of assault in the first degree if he or she, with intent to inflict great bodily harm:

(a) Assaults another with a firearm or any deadly weapon or by any force or means likely to produce great bodily harm or death; or

(b) Administers, exposes, or transmits to or causes to be taken by another, poison, the human immunodeficiency virus as defined in chapter 70.24 RCW, or any other destructive or noxious substance; or

(c) Assaults another and inflicts great bodily harm; or

(d) Assaults another under (a), (b), or (c) of this subsection and the victim was a law enforcement officer who was performing his or her official duties at the time of the act and the victim was known or reasonably should have been known by the person to be such at the time of the act.

(2) Assault in the first degree is a class A felony.

Sec. 6.  RCW 9A.36.021 and 2011 c 166 s 1 are each amended to read as follows:

(1) A person is guilty of assault in the second degree if he or she, under circumstances not amounting to assault in the first degree:

(a) Intentionally assaults another and thereby recklessly inflicts substantial bodily harm; or

(b) Intentionally and unlawfully causes substantial bodily harm to an unborn quick child by intentionally and unlawfully inflicting any injury upon the mother of such child; or

(c) Assaults another with a deadly weapon; or

(d) With intent to inflict bodily harm, administers to or causes to be taken by another, poison or any other destructive or noxious substance; or

(e) With intent to commit a felony, assaults another; or

(f) Knowingly inflicts bodily harm which by design causes such pain or agony as to be the equivalent of that produced by torture; or

(g) Assaults another by strangulation or suffocation; or

(h) Assaults another under subsection (a), (b), (c), (d), (e), (f), or (g) of this section and the victim was a law enforcement officer who was performing his or her official duties at the time of the act and the victim was known or reasonably should have been known by the person to be such at the time of the act.

(2)(a) Except as provided in (b) of this subsection, assault in the second degree is a class B felony.

(b) Assault in the second degree with a finding of sexual motivation under RCW 9.94A.835 or 13.40.135 is a class A felony.

Sec. 7.  RCW 9A.36.031 and 2013 c 256 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, herself, 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 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 firefighter 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 peace officer with a projectile stun gun; or

(i) 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; or

(j) Assaults a judicial officer, court-related employee, county clerk, or county clerk's employee, while that person is performing his or her official duties at the time of the assault or as a result of that person's employment within the judicial system. For purposes of this subsection, "court-related employee" includes bailiffs, court reporters, judicial assistants, court managers, court managers' employees, and any other employee, regardless of title, who is engaged in equivalent functions; or

(k) Assaults a person located in a courtroom, jury room, judge's chamber, or any waiting area or corridor immediately adjacent to a courtroom, jury room, or judge's chamber. This section shall apply only: (i) During the times when a courtroom, jury room, or judge's chamber is being used for judicial purposes during court proceedings; and (ii) if signage was posted in compliance with RCW 2.28.200 at the time of the assault.

(2)(a) Except as provided in (b) of this subsection, assault in the third degree is a class C felony.

Sec. 8.  RCW 9.94A.510 and 2014 c 130 s 1 are each amended to read as follows:

TABLE 1

Sentencing Grid

Numbers in the first horizontal row of each seriousness category represent sentencing midpoints in years(y) and months(m). Numbers in the second and third rows represent standard sentence ranges in months, or in days if so designated. 12+ equals one year and one day.

Sec. 9.  RCW 9.94A.515 and 2016 c 213 s 5, 2016 c 164 s 13, and 2016 c 6 s 1 are each reenacted and amended to read as follows:

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