S-0092.2

SENATE BILL 5071

BySenators Braun and Dhingra

AN ACT Relating to updating the endangerment with a controlled substance statute; amending RCW 9A.42.100; and reenacting and amending RCW 9A.42.010.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 9A.42.010 and 2020 c 18 s 7 are each reenacted and amended to read as follows:

As used in this chapter:

(1) "Abandons" means leaving a child or other dependent person without the means or ability to obtain one or more of the basic necessities of life.

(2) "Basic necessities of life" means food, water, shelter, clothing, and medically necessary health care, including but not limited to health-related treatment or activities, hygiene, oxygen, and medication.

(3)(a) "Bodily injury" means physical pain or injury, illness, or an impairment of physical condition;

(b) "Substantial bodily harm" means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of the function of any bodily part or organ, or which causes a fracture of any bodily part;

(c) "Great bodily harm" means bodily injury which creates a high probability of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily part or organ.

(4) "Child" means a person under eighteen years of age.

(5) "Controlled substance" has the same meaning as in RCW 69.50.101.

(6) "Dependent person" means a person who, because of physical or mental disability, or because of extreme advanced age, is dependent upon another person to provide the basic necessities of life. A resident of a nursing home, as defined in RCW 18.51.010, a resident of an adult family home, as defined in RCW 70.128.010, and a frail elder or vulnerable adult, as defined in RCW 74.34.020(((22)))(21), is presumed to be a dependent person for purposes of this chapter.

(((6)))(7) "Employed" means hired by a dependent person, another person acting on behalf of a dependent person, or by an organization or governmental entity, to provide to a dependent person any of the basic necessities of life. A person may be "employed" regardless of whether the person is paid for the services or, if paid, regardless of who pays for the person's services.

(((7)))(8) "Good samaritan" means any individual or group of individuals who: (a) Is not related to the dependent person; (b) voluntarily provides assistance or services of any type to the dependent person; (c) is not paid, given gifts, or made a beneficiary of any assets valued at five hundred dollars or more, for any reason, by the dependent person, the dependent person's family, or the dependent person's estate; and (d) does not commit or attempt to commit any other crime against the dependent person or the dependent person's estate.

(((8)))(9) "Parent" has its ordinary meaning and also includes a guardian and the authorized agent of a parent or guardian.

Sec. 2. RCW 9A.42.100 and 2005 c 218 s 4 are each amended to read as follows:

(1) A person is guilty of the crime of endangerment with a controlled substance if the person knowingly or ((intentionally))recklessly permits a ((dependent)) child or dependent adult to ((be exposed to,)) ingest, inhale, absorb, or have contact with ((methamphetamine or ephedrine, pseudoephedrine, or anhydrous ammonia, including their salts, isomers, and salts of isomers, that are being used in the manufacture of methamphetamine, including its salts, isomers, and salts of isomers.))a controlled substance other than cannabis, unless the controlled substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of his or her professional practice.

(4) Endangerment with a controlled substance is a class B felony.

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