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                                          ENGROSSED SENATE BILL NO. 4706

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State of Washington                              49th Legislature                              1986 Regular Session

 

By Senators Talmadge, Bluechel, Garrett, Gaspard, Bender and Granlund

 

 

Read first time 1/21/86 and referred to Committee on Judiciary.

 

 


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," "physical injury," or "bodily harm" 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 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, 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 substantial 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 substantial bodily harm, or (b) causes bodily harm by withholding any of the basic necessities of life.

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

 

          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 because of a parent's failure to provide medical treatment for his or her child, it is a defense that the parent relied on treatment by spiritual means alone through prayer for healing in accordance with bona fide religious beliefs which were genuinely held by such parent, unless the parent had reasonable cause to believe that the life of the child was substantially and seriously threatened or that permanent physical damage could result to such child for failure to provide medical treatment.

 

          NEW SECTION.  Sec. 6.     Sections 1 through 5 of this act shall constitute a new chapter in Title 9A RCW.