HOUSE BILL REPORT

SSB 6147

BYSenate Committee on Law and Justice (originally sponsored by Senators Pullen, Niemi, Rasmussen, Craswell and Nelson)

Revising the criminal definition of "substantial bodily harm."

House Committe on Judiciary

Majority Report:  Do pass with amendments.  (11)

      Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Belcher, Hargrove, P. King, Meyers, Padden, Patrick, Schmidt, Scott and Wang.

Minority Report:  Do not pass.  (1)

      Signed by Representative Moyer.

House Staff:Charlie Gavigan (786-7340)

AS PASSED HOUSE MARCH 6, 1988

BACKGROUND:

The assault statutes were rewritten in 1975 as part of the Washington Criminal Code.  The assault statutes were rewritten again in 1986 and 1987, with these changes effective July 1, 1988.  The current assault laws will be repealed when the 1986 and 1987 changes take effect.

"Substantial bodily harm" is an element in some forms of second degree assault.  It is applicable to second degree assault that takes effect July 1, 1988.

"Substantial bodily harm" is currently defined in statute as a bodily injury that is:  (1) a temporary but substantial disfigurement or loss of the use of a body part, or (2) a fracture of any body part.

"Substantial bodily harm" was amended in 1987 with an effective date of July 1, 1988, when it will be defined as:  (1) a substantial disfigurement, (2) a loss of the use of any bodily part, or (3) substantial pain.  These injuries may be temporary or permanent.

"Substantial pain", the definition of which takes effect July 1, 1988, is serious physical pain that is the result of a physical injury and that causes considerable suffering.

SUMMARY:

The definition of "substantial bodily harm" that will be effective July 1, 1988 is the current definition; the changes made in 1987 are eliminated.  The definition of "substantial pain" is eliminated

A new form of assault is added to second degree assault to take effect July 1, 1988.  A person may commit second degree assault by knowingly inflicting bodily injury, which, by design, causes pain equivalent to that of torture.

A new form of assault is added to third degree assault to take effect July 1, 1988.  A person may commit third degree assault if that person, with criminal negligence, causes bodily harm and substantial pain that results in considerable suffering.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Mike Redman, WAPA.

House Committee - Testified Against:      Charlie Williams, Washington Association of Criminal Defense Lawyers.

House Committee - Testimony For:    This fine tunes the assault statutes scheduled to take effect in July 1988.  The definition of "substantial pain" should be eliminated because it is unclear.  Torture should be included in second degree assault.

House Committee - Testimony Against:      The language used in the new form of third degree assault regarding "substantial pain" is nebulous and could mean different things to different people.  A victim's subjective view of pain should not determine the crime.