H-1024              _______________________________________________

                                                    HOUSE BILL NO. 803

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Scott, Silver, Armstrong, Schmidt, Locke, Tilly and J. Williams

Read first time 2/8/85 and referred to Committee on Judiciary.

AN ACT Relating to criminal mistreatment; adding new sections to chapter 9A.64 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1.     (1) A person  commits the crime of criminal mistreatment in the first degree if:

          (a) The person violates a legal duty to provide care for another person by intentionally or knowingly withholding necessary and adequate food, physical care, or medical attention from that other person; or

          (b) The person, having assumed the permanent or temporary care, custody, or responsibility for the supervision of a dependent person, intentionally or knowingly causes physical injury or injuries to the dependent person.

          (2) As used in this section, "dependent person" means a person who because of either age or a physical or mental disability is dependent upon another to provide for the person's physical needs.

          (3) Criminal mistreatment in the first degree is a class C felony.

NEW SECTION. Sec. 2.     (1) A person commits the crime of criminal mistreatment in the second degree if, with criminal negligence and in violation of a legal duty to provide care for another person, he or she withholds necessary and adequate food, physical care, or medical attention from that person.

          (2) Criminal mistreatment in the second degree is a gross misdemeanor.

NEW SECTION. Sec. 3.     Sections 1 and 2 of this act do not apply to:

          (1) The care or treatment of a patient by a health care professional; or

          (2) The care or treatment of a person by prayer or spiritual means in accordance with the creed or tenets of any well-recognized church or religious denomination.

NEW SECTION. Sec. 4.     Sections 1 through 3 of this act are each added to chapter 9A.64 RCW.