H-4534 _______________________________________________
SUBSTITUTE HOUSE BILL NO. 803
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C 250 L 86
State of Washington 49th Legislature 1986 Regular Session
By House Committee on Judiciary (originally sponsored by Representatives Scott, Silver, Armstrong, Schmidt, Locke, Tilly and J. Williams)
Read first time 2/7/86 and passed to Committee on Rules.
AN ACT Relating to criminal mistreatment; adding a new chapter to Title 9A RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. As used in this chapter:
(1) "Basic necessities of life" means food, shelter, clothing, and health care.
(2)(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.
(3) "Child" means a person under eighteen years of age.
(4) "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.
(5) "Parent" has its ordinary meaning and also includes a guardian and the authorized agent of a parent or guardian.
NEW SECTION. Sec. 2. (1) A parent of a child or the person entrusted with the physical custody of a child or dependent person is guilty of criminal mistreatment in the first degree if he or she recklessly causes great bodily harm to a child or dependent person by withholding any of the basic necessities of life.
(2) Criminal mistreatment in the first degree is a class B felony.
NEW SECTION. Sec. 3. (1) A parent of a child or the person entrusted with the physical custody of a child or dependent person is guilty of criminal mistreatment in the second degree if he or she recklessly either (a) creates an imminent and substantial risk of death or great bodily harm, or (b) causes substantial bodily harm by withholding any of the basic necessities of life.
(2) Criminal mistreatment in the second degree is a class C felony.
NEW SECTION. Sec. 4. Sections 2 and 3 of this act do not apply to a decision to withdraw life support systems made in accordance with law by a health care professional and family members or others with a legal duty to care for the patient.
NEW SECTION. Sec. 5. In any prosecution for criminal mistreatment, it shall be a defense that the withholding of the basic necessities of life is due to financial inability only if the person charged has made a reasonable effort to obtain adequate assistance.
NEW SECTION. Sec. 6. Sections 1 through 5 of this act shall constitute a new chapter in Title 9A RCW.